S T A T E O F N E W Y O R K
________________________________________________________________________
8033
2025-2026 Regular Sessions
I N S E N A T E
May 15, 2025
___________
Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Crime Victims, Crime and
Correction
AN ACT to amend the correction law, in relation to prohibiting incarcer-
ated individuals suffering from a substance use disorder from being
prescribed medications for a different disorder
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 2 of section 626 of the
correction law, as separately amended by chapters 147 and 486 of the
laws of 2022, is amended to read as follows:
(a) The commissioner, in conjunction with the office of addiction
services and supports, shall establish a program to be administered at
correctional facilities within the department in the state, for the
purpose of employing medication assisted treatment for incarcerated
individuals in such facilities who are undergoing treatment for a
substance use disorder. Such program shall include all forms of medica-
tion assisted treatments approved for the treatment of a substance use
disorder by the Federal Food and Drug Administration for the duration of
an incarcerated individual's incarceration and shall provide an individ-
ualized treatment plan for each participant. After a medical screening,
incarcerated individuals who are determined to suffer from a substance
use disorder, for which FDA approved addiction medications exist shall
be offered placement in the medication assisted treatment program.
Placement in such program shall not be mandatory. Each participating
incarcerated individual shall work with an authorized specialist to
determine an individualized treatment plan, including an appropriate
level of counseling. Decisions regarding type, dosage, or duration of
any medication regimen shall be made by a qualified health care profes-
sional licensed or certified under title eight of the education law who
is authorized to administer such medication in conjunction with the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13108-01-5
S. 8033 2
incarcerated individual. INCARCERATED INDIVIDUALS WHO ARE DETERMINED TO
SUFFER FROM A SUBSTANCE USE DISORDER FOR WHICH THERE IS NO FDA APPROVED
ADDICTION MEDICATIONS SHALL BE OFFERED PLACEMENT IN THE MEDICATION
ASSISTED TREATMENT PROGRAM BUT SHALL NOT BE ADMINISTERED MEDICATION
APPROVED FOR A DIFFERENT DISORDER.
§ 2. This act shall take effect immediately.