S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9252
 
                           I N  A S S E M B L Y
 
                             February 22, 2024
                                ___________
 
 Introduced  by  M. of A. GRAY -- read once and referred to the Committee
   on Correction
 
 AN ACT to amend the correction  law  and  the  mental  hygiene  law,  in
   relation  to  providing  medication  assisted treatment for opioid use
   disorders to incarcerated individuals in county  correctional  facili-
   ties
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 19 of section 45  of  the  correction  law,  as
 amended  by  chapter  486  of  the  laws  of 2022, is amended to read as
 follows:
   19. Establish standards and guidelines for  a  program  of  medication
 assisted  treatment  for incarcerated individuals in county jails and/or
 county correctional facilities [equivalent to the program established in
 state correctional facilities pursuant to section six hundred twenty-six
 of this chapter and submit an annual report consistent with the require-
 ments of subdivision three of such section] PURSUANT TO SECTION  19.18-C
 OF THE MENTAL HYGIENE LAW.
   §  2.  Subdivision 5 of section 505 of the correction law, as added by
 chapter 147 of the laws of 2022, is amended to read as follows:
   5. Corrections-based substance use disorder treatment  and  transition
 services.  Local  correctional  facilities shall operate a substance use
 disorder treatment and transition services program pursuant  to  a  plan
 approved  by  the  commissioner  of the office of addiction services and
 supports in accordance with section 19.18-c of the  mental  hygiene  law
 AND SECTION FIVE HUNDRED SIX OF THIS ARTICLE.
   § 3. The correction law is amended by adding a new section 506 to read
 as follows:
   § 506. MEDICAL TESTING FOR OPIOID USE. 1. ALL INCARCERATED INDIVIDUALS
 WITHIN  COUNTY  CORRECTIONAL  FACILITIES  WILL  BE  MEDICALLY TESTED FOR
 OPIOID USE UPON INCARCERATION.
   2. SUCH TESTING SHALL BE DONE BY AN ORGANIZATION,  AGENCY  OR  MEDICAL
 PROFESSIONAL  THAT  IS  SEPARATE  AND  INDEPENDENT FROM THE PROVIDERS OF
 MEDICATION ASSISTED TREATMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13945-01-3
 A. 9252                             2
 
   3. INCARCERATED INDIVIDUALS WHO TEST POSITIVE FOR OPIOID USE SHALL  BE
 INFORMED  OF  THEIR  ELIGIBILITY  FOR  MEDICATION  ASSISTED TREATMENT IN
 ACCORDANCE WITH SECTION 19.18-C OF THE MENTAL HYGIENE LAW.
   §  4. Section 19.18-c of the mental hygiene law, as amended by chapter
 147 of the laws of 2022, is amended to read as follows:
 § 19.18-c Corrections-based substance use disorder treatment and transi-
             tion services.
   1. Notwithstanding any other provision of this  chapter,  the  commis-
 sioner,  in consultation with local governmental units, county sheriffs,
 the New York city department  of  corrections  and  other  stakeholders,
 shall  implement a jail-based substance use disorder treatment and tran-
 sition services program that  supports  the  initiation,  operation  and
 enhancement  of substance use disorder treatment and transition services
 for persons with substance use disorder who are incarcerated in jails.
   2. The services to be provided by such program shall be in  accordance
 with  plans  developed  by  participating  local  governmental units, in
 collaboration with county sheriffs, [taking into account local needs and
 available resources] MEDICAL PROFESSIONALS AND CORRECTIONAL  ADMINISTRA-
 TORS  FOR THE MOST EFFECTIVE, LEAST COSTLY METHODS.  These plans must be
 approved by the commissioner and shall include, but not be  limited  to,
 the following:
   (a) Alcohol, benzodiazepine, heroin and opioid withdrawal management;
   (b)  [At  least one formulation of every form of] SUCH FORMULATIONS OF
 medication assisted treatments approved for the treatment of a substance
 use disorder by the Federal Food and Drug  Administration  necessary  to
 ensure  that  each  individual participating in the program receives the
 particular form found to be the most effective, LEAST COSTLY  METHOD  at
 treating  and meeting their individual needs WHILE MINIMIZING THE DIVER-
 SION OF MEDICATION WITHIN THE FACILITY.    The  commissioner  may  allow
 jails  a  limited  exemption  to providing opioid full agonist treatment
 medications where the commissioner determines  that  no  providers  that
 have received the required accreditation are located within a reasonable
 distance  of  the facility.  Jails that do not have the resources avail-
 able to meet standards set forth herein may apply  to  the  commissioner
 for  a  limited  exception allowing such jail to enter into an agreement
 with a community- or jail-based program offering substance use  disorder
 treatment  and  transition services to provide such services to individ-
 uals in such jails. Any such determination shall be reviewed on a  regu-
 lar basis;
   (c) Group and individual counseling and clinical support;
   (d) Peer support;
   (e) Discharge planning; [and]
   (f) BEHAVIORAL THERAPIES; AND
   (G) Re-entry and transitional supports.
   3. (a) After [a] medical [screening] TESTING, incarcerated individuals
 who  are  determined  to  suffer from a substance use disorder for which
 medication assisted treatment exists shall be offered placement  in  the
 medication  assisted  treatment program. Placement in such program shall
 not be mandatory.
   (b) Each participating incarcerated  individual  shall  work  with  an
 authorized  specialist  to  develop  an  individualized  treatment plan,
 including an appropriate level of counseling and planning for continuity
 of care upon return to the community.
   (c) Decisions regarding type, dosage, or duration  of  any  medication
 regimen  shall  be made by a qualified health care professional licensed
 or certified under title eight of the education law who is authorized to
 A. 9252                             3
 
 administer such medication in conjunction with the incarcerated individ-
 ual AND SHALL BE DONE IN CONSULTATION WITH  CORRECTIONAL  ADMINISTRATORS
 FOR THE MOST EFFECTIVE, LEAST COSTLY METHOD.
   (d)  Participation  in the medication assisted treatment program shall
 not be unreasonably withheld from a qualified  incarcerated  individual.
 An  incarcerated individual using medication assisted treatment prior to
 such individual's incarceration shall be eligible to,  upon  request  by
 such  individual[,  continue  such  treatment in the medication assisted
 treatment program for any period of time during  the  duration  of  such
 individual's  incarceration]  WITHIN SEVENTY-TWO HOURS OF INCARCERATION,
 RECEIVE SUCH TREATMENT AND SHALL CONTINUE SUCH TREATMENT FOR ANY  PERIOD
 OF TIME DURING THE DURATION OF INCARCERATION AT THE OPTION OF SUCH INDI-
 VIDUAL.
   (e) IF NOT ACTIVELY IN MEDICATION ASSISTED TREATMENT THROUGHOUT INCAR-
 CERATION,  THE INDIVIDUAL MAY, WITHIN FOUR WEEKS PRIOR TO SUCH INCARCER-
 ATED INDIVIDUAL'S SCHEDULED  RELEASE  DATE,  PARTICIPATE  IN  MEDICATION
 ASSISTED  TREATMENT,  PROVIDED SUCH INCARCERATED INDIVIDUAL TESTED POSI-
 TIVE FOR OPIOID USE OR WAS ACTIVELY PARTICIPATING IN  A  TREATMENT  PLAN
 PRIOR TO INCARCERATION.
   (F)  No  person  shall  be  denied participation in the program on the
 basis of a positive drug screening upon entering custody or upon  intake
 into the program; nor shall any person receive a disciplinary infraction
 for  such  positive  drug screening. No person shall be removed from, or
 denied participation in the program on the basis of having received  any
 disciplinary  infraction:  (1)  before  entry  into  the program; or (2)
 during participation in the program.
   4. Within amounts appropriated therefor, funding shall be made  avail-
 able  pursuant  to  criteria  established  by  the  office  of addiction
 services and supports in consultation  with  local  governmental  units,
 which  shall  take  into  consideration the local needs and resources as
 identified by local governmental units, the  average  daily  jail  popu-
 lation,  the  average  number  of  persons incarcerated in the jail that
 require substance use disorder services and such other factors as may be
 deemed necessary.
   5. THE OFFICE OF ADDICTION SERVICES AND  SUPPORTS  SHALL  DEVELOP  AND
 IMPLEMENT  A  TRAINING  PROGRAM  FOR  CORRECTIONAL  STAFF AND HEALTHCARE
 PROVIDERS NECESSARY FOR THE IMPLEMENTATION OF MEDICATION ASSISTED TREAT-
 MENT.
   6. Any jail-based substance  use  disorder  treatment  and  transition
 services program that is already in operation at the time this act shall
 have  become  law  and  meets or exceeds the standards set forth in this
 section shall be deemed to have met the requirements of subdivisions one
 and two of this section. Such programs shall certify annually in writing
 to the commissioner that they have met or  exceeded  the  standards  set
 forth herein.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law.  Effectively  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such date.