Bill Text: NJ A3538 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires DOC and county correctional facilities to provide certain inmates with medication-assisted treatment.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2022-03-08 - Introduced, Referred to Assembly Law and Public Safety Committee [A3538 Detail]
Download: New_Jersey-2022-A3538-Introduced.html
Sponsored by:
Assemblywoman YVONNE LOPEZ
District 19 (Middlesex)
SYNOPSIS
Requires DOC and county correctional facilities to provide certain inmates with medication-assisted treatment.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning substance use disorder treatment for inmates, supplementing Title 30 of the Revised Statutes, and amending P.L.1986, c.71.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. As used in this act:
"Medication-assisted treatment" means the use of any medications approved by the federal Food and Drug Administration to treat substance use disorders, including extended-release naltrexone, methadone, and buprenorphine, in combination with counseling and behavioral therapies, to provide a whole-patient approach to the treatment of substance use disorders.
"Substance use disorder" is as defined by the American Psychiatric Association in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition and any subsequent editions and shall include substance use withdrawal.
b. The Commissioner of Corrections shall require each inmate to be evaluated when initially admitted to a State-owned, operated, or contracted correctional facility to identify whether the inmate is in need of temporary or continued management of the inmate's substance use disorder by means of medication-assisted treatment.
c. An inmate determined to be in need of temporary or continued management for a substance use disorder following an evaluation pursuant to subsection b. of this section:
(1) shall be provided information regarding the medication options utilized in medication-assisted treatment; and
(2) may voluntarily agree to receive medication-assisted treatment in the substance use disorder treatment program established pursuant to paragraph (5) of subsection a. of section 2 of P.L.1986, c.71 (C.30:4-82.2).
d. Each inmate who voluntarily agrees to receive medication-assisted treatment shall have access to:
(1) withdrawal management services prior to the administration of the medication;
(2) behavioral health counseling for inmates diagnosed with a substance use disorder that shall be consistent with current therapeutic standards in a community setting; and
(3) a health care practitioner who shall provide access to medications approved by the federal Food and Drug Administration.
e. In administering the medication-assisted treatment pursuant to this section, a State-owned, operated, or contracted correctional facility shall adhere to the program established by the Commissioner of Human Services and the Commissioner of Corrections pursuant to paragraph (5) of subsection a. of section 2 of P.L.1986, c.71 (C.30:4-82.2).
2. (New section) a. As used in this act:
"Medication-assisted treatment" means the use of any medications approved by the federal Food and Drug Administration to treat substance use disorders, including extended-release naltrexone, methadone, and buprenorphine, in combination with counseling and behavioral therapies, to provide a whole-patient approach to the treatment of substance use disorders.
"Substance use disorder" is as defined by the American Psychiatric Association in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition and any subsequent editions and shall include substance use withdrawal.
b. The warden, keeper, or administrator of a county correctional facility shall require each inmate to be evaluated when initially admitted to a county correctional facility to identify whether the inmate is in need of temporary or continued management of the inmate's substance use disorder by means of medication-assisted treatment.
c. An inmate determined to be in need of temporary or continued management for a substance use disorder following an evaluation pursuant to subsection b. of this section:
(1) shall be provided information regarding the medication options utilized in medication-assisted treatment; and
(2) may voluntarily agree to receive medication-assisted treatment in the substance use disorder treatment program established pursuant to subsection e. of this section.
d. Each inmate who voluntarily agrees to receive medication-assisted treatment shall have access to:
(1) withdrawal management services prior to the administration of the medication;
(2) behavioral health counseling for inmates diagnosed with a substance use disorder that shall be consistent with current therapeutic standards in a community setting; and
(3) a health care practitioner who shall provide access to medications approved by the federal Food and Drug Administration.
e. The Commissioner of Human Services and the Commissioner of Corrections shall formulate a program to provide medication-assisted treatment to county inmates pursuant to this section which shall be consistent with the program established for inmates in State-owned, operated, or contracted correctional facilities pursuant to paragraph (5) of subsection a. of section 2 of P.L.1986, c.71 (C.30:4-82.2).
3. Section 2 of P.L.1986, c.71 (C.30:4-82.2) is amended to read as follows:
2. a. The Commissioner of Human Services and the Commissioner of Corrections shall formulate a plan to provide adequate and appropriate mental health and substance use disorder services to inmates in all State-owned, operated, or contracted correctional facilities.
The plan shall include, but need not be limited to, the following:
(1) Procedures for identifying a person in need of mental health and substance use disorder services when the person is initially admitted to a State-owned, operated, or contracted correctional facility, and while the person is confined therein;
(2) Procedures for providing a mental health and substance use disorder evaluation to a person identified under subsection a. of this section to determine whether the person is in need of mental health or substance use disorder services;
(3) Procedures for providing adequate and appropriate mental health or substance use disorder treatment to a person determined to be in need under paragraph (2) of this subsection;
(4) Enumeration of the types of mental health and substance use disorder treatment that may be provided to a person determined to be in need under paragraph (2) of this subsection, which types of treatment shall include, but need not be limited to, individual or group counseling, treatment with prescription drugs, and increased monitoring as needed to prevent harm to self or others, which may include confinement in a secure hospital setting;
(5) Procedures [for the provision of] to provide medication-assisted treatment in a substance use disorder treatment [programs, as appropriate and available] program to inmates pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(6) Procedures for terminating the treatment provided under paragraph (3) of this subsection when it is no longer needed by the person receiving it;
(7) Identifying community mental health and substance use disorder treatment providers and services to assist in a person's community reintegration upon the person's discharge from a State-owned, operated, or contracted correctional facility;
(8) Procedures for ensuring cooperation between the Department of Corrections and the Department of Human Services at all personnel levels and at every stage of identification, evaluation, treatment, and termination of treatment so that adequate and appropriate mental health and substance use disorder services are provided;
(9) Procedures for maintaining the confidentiality of mental health and substance use disorder treatment records; and
(10) Procedures for biennial review and revision of the plan developed under this section.
b. Mental health and substance use disorder treatment services in State-owned, operated, or contracted facilities, as appropriate, shall be delivered by licensed provider organizations.
c. The Department of Human Services shall adopt rules and
regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to establish standards and requirements for the licensure of substance use disorder treatment programs operating within State-owned, operated, or contracted correctional facilities, as appropriate. In developing regulations, the department shall take into consideration the unique characteristics of treatment programs operating within a correctional environment.
d. The Department of Human Services is authorized to develop a plan to provide mental health and substance use disorder services to inmates in county-operated correctional facilities, in consultation with the county-designated individual or entity charged with the planning of treatment services for county inmates.
(cf: P.L.2015, c.11, s.1)
4. This act shall take effect on the first day of the fourth month following enactment.
STATEMENT
This bill requires medication-assisted treatment to be offered to all State and county inmates who, following an initial evaluation upon admission to a State or county correctional facility, are determined to be in need of temporary or continued management of a substance use disorder. An inmate determined to be in need of treatment may voluntarily agree to receive medication-assisted treatment after being provided options utilized in the treatment plan.
The bill defines "medication-assisted treatment" as the use of any medications approved by the federal Food and Drug Administration to treat substance use disorders, including extended-release naltrexone, methadone, and buprenorphine, in combination with counseling and behavioral therapies, to provide a whole-patient approach to the treatment of substance use disorders.
Inmates who voluntarily agree to medication-assisted treatment are to have access to withdrawal management services prior to the administration of the medication; behavioral health counseling consistent with current therapeutic standards in a community setting; and a health care practitioner required to provide access to medications approved by the federal Food and Drug Administration.
Under current law, the Commissioners of Human Services and Corrections are required to establish a joint plan to ensure the provision of mental health and substance use disorder services, by licensed service provider organizations, to inmates housed in State-owned, operated, or contracted correctional facilities, including prisons and halfway houses. The plan, in part, requires the commissioners to establish procedures for the provision of medication-assisted treatment, as appropriate and available. This bill requires the commissioners to establish a program to allow all designated State and county inmates the opportunity to receive medication-assisted treatment.
