Bill Text: NY A09252 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides standards for correctional facilities in relation to medication assisted treatment for opioid use disorders and the testing for opioid use when an individual is first incarcerated.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced) 2024-05-14 - held for consideration in correction [A09252 Detail]

Download: New_York-2023-A09252-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9252

                   IN ASSEMBLY

                                    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:

     1    Section 1. Subdivision 19 of section 45  of  the  correction  law,  as
     2  amended  by  chapter  486  of  the  laws  of 2022, is amended to read as
     3  follows:
     4    19. Establish standards and guidelines for  a  program  of  medication
     5  assisted  treatment  for incarcerated individuals in county jails and/or
     6  county correctional facilities [equivalent to the program established in
     7  state correctional facilities pursuant to section six hundred twenty-six
     8  of this chapter and submit an annual report consistent with the require-
     9  ments of subdivision three of such section] pursuant to section  19.18-c
    10  of the mental hygiene law.
    11    §  2.  Subdivision 5 of section 505 of the correction law, as added by
    12  chapter 147 of the laws of 2022, is amended to read as follows:
    13    5. Corrections-based substance use disorder treatment  and  transition
    14  services.  Local  correctional  facilities shall operate a substance use
    15  disorder treatment and transition services program pursuant  to  a  plan
    16  approved  by  the  commissioner  of the office of addiction services and
    17  supports in accordance with section 19.18-c of the  mental  hygiene  law
    18  and section five hundred six of this article.
    19    § 3. The correction law is amended by adding a new section 506 to read
    20  as follows:
    21    § 506. Medical testing for opioid use. 1. All incarcerated individuals
    22  within  county  correctional  facilities  will  be  medically tested for
    23  opioid use upon incarceration.
    24    2. Such testing shall be done by an organization,  agency  or  medical
    25  professional  that  is  separate  and  independent from the providers of
    26  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

     1    3. Incarcerated individuals who test positive for opioid use shall  be
     2  informed  of  their  eligibility  for  medication  assisted treatment in
     3  accordance with section 19.18-c of the mental hygiene law.
     4    §  4. Section 19.18-c of the mental hygiene law, as amended by chapter
     5  147 of the laws of 2022, is amended to read as follows:
     6  § 19.18-c Corrections-based substance use disorder treatment and transi-
     7              tion services.
     8    1. Notwithstanding any other provision of this  chapter,  the  commis-
     9  sioner,  in consultation with local governmental units, county sheriffs,
    10  the New York city department  of  corrections  and  other  stakeholders,
    11  shall  implement a jail-based substance use disorder treatment and tran-
    12  sition services program that  supports  the  initiation,  operation  and
    13  enhancement  of substance use disorder treatment and transition services
    14  for persons with substance use disorder who are incarcerated in jails.
    15    2. The services to be provided by such program shall be in  accordance
    16  with  plans  developed  by  participating  local  governmental units, in
    17  collaboration with county sheriffs, [taking into account local needs and
    18  available resources] medical professionals and correctional  administra-
    19  tors  for the most effective, least costly methods.  These plans must be
    20  approved by the commissioner and shall include, but not be  limited  to,
    21  the following:
    22    (a) Alcohol, benzodiazepine, heroin and opioid withdrawal management;
    23    (b)  [At  least one formulation of every form of] Such formulations of
    24  medication assisted treatments approved for the treatment of a substance
    25  use disorder by the Federal Food and Drug  Administration  necessary  to
    26  ensure  that  each  individual participating in the program receives the
    27  particular form found to be the most effective, least costly  method  at
    28  treating  and meeting their individual needs while minimizing the diver-
    29  sion of medication within the facility.    The  commissioner  may  allow
    30  jails  a  limited  exemption  to providing opioid full agonist treatment
    31  medications where the commissioner determines  that  no  providers  that
    32  have received the required accreditation are located within a reasonable
    33  distance  of  the facility.  Jails that do not have the resources avail-
    34  able to meet standards set forth herein may apply  to  the  commissioner
    35  for  a  limited  exception allowing such jail to enter into an agreement
    36  with a community- or jail-based program offering substance use  disorder
    37  treatment  and  transition services to provide such services to individ-
    38  uals in such jails. Any such determination shall be reviewed on a  regu-
    39  lar basis;
    40    (c) Group and individual counseling and clinical support;
    41    (d) Peer support;
    42    (e) Discharge planning; [and]
    43    (f) Behavioral therapies; and
    44    (g) Re-entry and transitional supports.
    45    3. (a) After [a] medical [screening] testing, incarcerated individuals
    46  who  are  determined  to  suffer from a substance use disorder for which
    47  medication assisted treatment exists shall be offered placement  in  the
    48  medication  assisted  treatment program. Placement in such program shall
    49  not be mandatory.
    50    (b) Each participating incarcerated  individual  shall  work  with  an
    51  authorized  specialist  to  develop  an  individualized  treatment plan,
    52  including an appropriate level of counseling and planning for continuity
    53  of care upon return to the community.
    54    (c) Decisions regarding type, dosage, or duration  of  any  medication
    55  regimen  shall  be made by a qualified health care professional licensed
    56  or certified under title eight of the education law who is authorized to
        A. 9252                             3

     1  administer such medication in conjunction with the incarcerated individ-
     2  ual and shall be done in consultation with  correctional  administrators
     3  for the most effective, least costly method.
     4    (d)  Participation  in the medication assisted treatment program shall
     5  not be unreasonably withheld from a qualified  incarcerated  individual.
     6  An  incarcerated individual using medication assisted treatment prior to
     7  such individual's incarceration shall be eligible to,  upon  request  by
     8  such  individual[,  continue  such  treatment in the medication assisted
     9  treatment program for any period of time during  the  duration  of  such
    10  individual's  incarceration]  within seventy-two hours of incarceration,
    11  receive such treatment and shall continue such treatment for any  period
    12  of time during the duration of incarceration at the option of such indi-
    13  vidual.
    14    (e) If not actively in medication assisted treatment throughout incar-
    15  ceration,  the individual may, within four weeks prior to such incarcer-
    16  ated individual's scheduled  release  date,  participate  in  medication
    17  assisted  treatment,  provided such incarcerated individual tested posi-
    18  tive for opioid use or was actively participating in  a  treatment  plan
    19  prior to incarceration.
    20    (f)  No  person  shall  be  denied participation in the program on the
    21  basis of a positive drug screening upon entering custody or upon  intake
    22  into the program; nor shall any person receive a disciplinary infraction
    23  for  such  positive  drug screening. No person shall be removed from, or
    24  denied participation in the program on the basis of having received  any
    25  disciplinary  infraction:  (1)  before  entry  into  the program; or (2)
    26  during participation in the program.
    27    4. Within amounts appropriated therefor, funding shall be made  avail-
    28  able  pursuant  to  criteria  established  by  the  office  of addiction
    29  services and supports in consultation  with  local  governmental  units,
    30  which  shall  take  into  consideration the local needs and resources as
    31  identified by local governmental units, the  average  daily  jail  popu-
    32  lation,  the  average  number  of  persons incarcerated in the jail that
    33  require substance use disorder services and such other factors as may be
    34  deemed necessary.
    35    5. The office of addiction services and  supports  shall  develop  and
    36  implement  a  training  program  for  correctional  staff and healthcare
    37  providers necessary for the implementation of medication assisted treat-
    38  ment.
    39    6. Any jail-based substance  use  disorder  treatment  and  transition
    40  services program that is already in operation at the time this act shall
    41  have  become  law  and  meets or exceeds the standards set forth in this
    42  section shall be deemed to have met the requirements of subdivisions one
    43  and two of this section. Such programs shall certify annually in writing
    44  to the commissioner that they have met or  exceeded  the  standards  set
    45  forth herein.
    46    §  5.  This  act shall take effect on the ninetieth day after it shall
    47  have become a law.  Effectively  immediately,  the  addition,  amendment
    48  and/or repeal of any rule or regulation necessary for the implementation
    49  of  this  act  on  its  effective  date  are  authorized  to be made and
    50  completed on or before such date.