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This entry was published on 2022-10-14
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SECTION 626
Medication assisted treatment in correctional facilities
Correction (COR) CHAPTER 43, ARTICLE 22
§ 626. Medication assisted treatment in correctional facilities. 1.
For purposes of this section "medication assisted treatment" means
treatment of chemical dependence or abuse and concomitant conditions
with medications requiring a prescription or order from an authorized
prescribing professional.

2. (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
medication 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 individualized 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 professional licensed or certified under title eight of the
education law who is authorized to administer such medication in
conjunction with the incarcerated individual.

(b) i. Such program shall also include conditions for a reentry
strategy for incarcerated individuals who have participated in
medication assisted treatment. Such strategy shall include, but not be
limited to, providing each participating incarcerated individual with
information on available treatment facilities in their area, information
on available housing and employment resources, and any other information
that will assist the incarcerated individual in continued recovery once
released. Such program shall also assist the incarcerated individual in
Medicaid enrollment, prior to release.

ii. Such program shall provide participating incarcerated individuals
preparing for release from prison with a one-week supply of any
necessary medication, where permissible under federal laws and
regulations to continue their medication assisted treatment in an effort
to prevent relapse.

(c) Reentry planning and community supervision should include a
collaborative relationship between clinical and parole staff including
sharing of accurate information regarding the incarcerated individual's
participation in medication assisted treatment to ensure that their
medication is not deemed illicit or illegal. Additionally, procedures
shall be developed to assist any reentrant who communicates a relapse
with their parole officer or who fails a drug test, to receive substance
use disorder support in lieu of arrest and/or incarceration.

3. The commissioner shall submit within one year of the effective date
of this section and annually thereafter, a report to the governor, the
temporary president of the senate and the speaker of the assembly on the
effectiveness of the program established pursuant to this section. Such
reports shall include an analysis of the impact of such program on the
participating incarcerated individuals, including factors such as
institutional adjustment, behavior infractions, reentry rates, HIV and
hepatitis C treatment, and program participation, among related relevant
factors. The reports shall also include the impact on institutional
safety and performance and any recommendations for additional
legislative enactments that may be needed or required to improve or
enhance the program as determined to be appropriate by the commissioner.

4. Participation in the medication assisted treatment program shall
not be withheld from a qualified incarcerated individual. An
incarcerated individual may enter into such program at any time during
his or her incarceration. An incarcerated individual using medication
assisted treatment prior to such incarcerated individual's incarceration
shall be eligible to, upon request by such incarcerated individual,
continue such treatment in the medication assisted treatment program for
any period of time during the duration of such incarcerated individual's
incarceration. 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: (a) before entry into the program;
or (b) during participation in the program.