S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2650

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 19, 2011
                               ___________

Introduced by M. of A. JACOBS -- read once and referred to the Committee
  on Correction

AN  ACT  to amend the correction law, in relation to providing necessary
  medicine to persons committed to the  custody  of  the  department  of
  correctional services

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The correction law is amended by adding a new section  71-a
to read as follows:
  S  71-A.  MEDICATIONS  FOR  PERSONS  RECEIVED  INTO THE CUSTODY OF THE
DEPARTMENT.  1.  THE  DEPARTMENT  SHALL  ENSURE  THAT  ALL   MEDICATIONS
PRESCRIBED BY PHYSICIANS TO TREAT CHRONIC CONDITIONS PRIOR TO INCARCERA-
TION  FOR  PERSONS  IN  ITS CUSTODY ARE CONTINUED DURING ADMITTANCE TO A
CORRECTIONAL FACILITY OR LOCAL  CORRECTIONAL  FACILITY,  AS  DEFINED  BY
SECTION  TWO  OF  THIS CHAPTER, WHILE PLACED IN SUCH FACILITY AND DURING
TRANSFERS TO OTHER SUCH FACILITIES.
  2. SUCH MEDICATIONS SHALL CONTINUE TO BE ADMINISTERED TO THE INCARCER-
ATED PERSON FOR A MINIMUM OF THIRTY DAYS FROM THE DATE  SUCH  PERSON  IS
COMMITTED  TO THE CUSTODY OF THE DEPARTMENT. THE FACILITY RECEIVING SUCH
PERSONS SHALL RESUME APPROPRIATE  AND  COMMENSURATE  MANAGEMENT  OF  THE
CHRONIC  CONDITION, INCLUDING BUT NOT LIMITED TO, THE USE OF APPROPRIATE
THERAPEUTIC TREATMENTS AND MEDICATIONS OR THEIR GENERIC SUBSTITUTION  IN
ACCORDANCE  WITH STATE LAW AND PROTOCOLS ESTABLISHED BY THE COMMISSIONER
WITHIN ONE HUNDRED EIGHTY DAYS FROM THE EFFECTIVE DATE OF THIS SECTION.
  3. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF  HEALTH,
IS  HEREBY  AUTHORIZED AND DIRECTED TO ESTABLISH A SYSTEM TO ENSURE THAT
ALL NECESSARY MEDICATIONS ARE GIVEN TO INCARCERATED PERSONS IN A  TIMELY
MANNER WHILE IN THE CUSTODY OF THE DEPARTMENT, WITHIN ONE HUNDRED EIGHTY
DAYS  FROM  THE  EFFECTIVE  DATE  OF THIS SECTION. NECESSARY MEDICATIONS
SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, THOSE MEDICATIONS  WHICH  IF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04242-01-1

              

A. 2650                             2

MISSED  MAY  CAUSE SERIOUS ILLNESS, DEATH OR OTHER HARMFUL EFFECTS. SUCH
SYSTEM SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO THE FOLLOWING:
  A.  A  SCREENING  STAFF  FOR  EACH  FACILITY,  WHICH SHALL INCLUDE ANY
MEDICAL PROFESSIONAL CURRENTLY EMPLOYED BY SUCH FACILITY  AND  SHALL  BE
TRAINED  TO DETERMINE WHICH MEDICATIONS TIMELY CONTINUATION IS AN URGENT
MATTER;
  B. A METHOD FOR DETERMINING WHICH MEDICATIONS SHALL BE  DEEMED  NECES-
SARY;
  C. A METHOD FOR CONTACTING THE PRESCRIBING PHYSICIAN;
  D. A METHOD FOR VALIDATING THE PRESCRIPTION;
  E.  A METHOD FOR CHECKING THAT ALL MEDICATIONS BROUGHT INTO A FACILITY
ARE LABELED TO ENSURE THAT THE CONTAINER CONTAINS  THE  CORRECT  MEDICA-
TION;
  F.  A  METHOD  FOR  PROVIDING NECESSARY MEDICATIONS TO AN INCARCERATED
PERSON WHO HAS BEEN TAKEN INTO CUSTODY WITHOUT A SUPPLY OF SUCH  MEDICA-
TION;
  G.  A  METHOD  FOR  NOTIFYING IN ADVANCE A FACILITY RECEIVING A TRANS-
FERRED INCARCERATED PERSON, THAT  SUCH  PERSON  HAS  BEEN  PRESCRIBED  A
NECESSARY  MEDICATION  AND  THE  CONTINUATION  OF  SUCH MEDICATION IS AN
URGENT MATTER; AND
  H. A METHOD FOR MAINTAINING A SUPPLY  OF  THE  MOST  COMMON  NECESSARY
MEDICATIONS  AT  EACH FACILITY OR AN ON-CALL PHYSICIAN, OR OTHER MEDICAL
PROFESSIONAL CAPABLE OF PRESCRIBING MEDICATIONS, AVAILABLE TO  PRESCRIBE
SUCH MEDICATIONS AND THE ABILITY TO FILL SUCH PRESCRIPTIONS.
  4.  THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
SHALL PROMULGATE RULES AND REGULATIONS TO  EFFECTUATE  THE  PURPOSES  OF
THIS SECTION.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.