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A08774 Summary:

BILL NOA08774B
 
SAME ASSAME AS S08914-A
 
SPONSORRosenthal L
 
COSPNSRCook, Simon, McDonald, Lavine, Dickens, Taylor, D'Urso, Seawright, Pellegrino, Gottfried, Arroyo, Rivera, Crespo
 
MLTSPNSR
 
Add §625, amd §45, Cor L; add §19.18-c, Ment Hyg L
 
Relates to the establishment of a program for the use of medication assisted treatment for inmates in both state and county correctional facilities; reporting requirements; substance use disorder treatment and transition services implemented in jails.
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A08774 Actions:

BILL NOA08774B
 
11/03/2017referred to correction
12/20/2017amend and recommit to correction
12/20/2017print number 8774a
01/03/2018referred to correction
05/30/2018amend (t) and recommit to correction
05/30/2018print number 8774b
06/04/2018reported referred to ways and means
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A08774 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8774B
 
SPONSOR: Rosenthal L
  TITLE OF BILL: An act to amend the correction law, in relation to the establishment of a program for the use of medication assisted treatment for inmates; and to amend the mental hygiene law, in relation to the implementation of substance use disorder treatment and transition services in jails   PURPOSE: This bill would allow inmates with certain substance use disorders the opportunity to participate in a medication assisted treatment program.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends the correction law by adding a new section 625. Section two amends section 45 of the correction law by adding a new subdivision 18. Section three amends the mental hygiene law by adding a new section 19.18-c. Section four sets forth the effective date.   JUSTIFICATION: Medication assisted treatment, MAT, is an effective treatment option for those struggling with opioid addiction. The treatment uses FDA-approved medications, along with forms of counseling and therapy to help people be more successful on their path to recovery. Throughout the recovery process, many people struggle with strong cravings to use again, some- times causing them to relapse. The medications and therapies used in MAT programs have the ability to reduce or remove these cravings while blocking the euphoric effect of opioids, normalizing body functions, and stabilizing one's brain chemistry. New York State correctional facilities do not currently have extensive MAT programs, despite more than half of inmates diagnosed with a substance use disorder. With a large number of inmates overdosing upon release from correctional facilities, it is essential that we provide inmates with treatment to overcome their addictions while in prison and jail. Medication assisted treatment in our correctional facilities has the ability to reduce recidivism, reduce fatal drug overdoses and reduce the transmission of infectious diseases. This bill would require the commissioner of the New York State Depart- ment of Corrections and Community Supervision and the chairman of the New York State Commission of Corrections to establish a medication assisted treatment program at all state correctional facilities and local jails. This program will be voluntary and offered to eligible inmates who are facing an opioid addiction and will include the use of medications such as methadone, buprenorphine and naltrexone combined with an appropriate level of counseling. The positive effects of these medications are well-documented, and by offering a medication assisted treatment program in our correctional facilities we will better set these individuals up for success upon their release.   LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS: Undetermined.   EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made on or before such date.
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A08774 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8774--B
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    November 3, 2017
                                       ___________
 
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Correction -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee --  recommitted
          to  the  Committee  on  Correction in accordance with Assembly Rule 3,
          sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee
 
        AN  ACT to amend the correction law, in relation to the establishment of
          a program for the use of medication assisted  treatment  for  inmates;
          and to amend the mental hygiene law, in relation to the implementation
          of substance use disorder treatment and transition services in jails
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The correction law is amended by adding a new  section  625
     2  to read as follows:
     3    §  625.  Medication  assisted treatment in correctional facilities. 1.
     4  For purposes of  this  section  "medication  assisted  treatment"  means
     5  treatment  of  chemical  dependence  or abuse and concomitant conditions
     6  with medications requiring a prescription or order  from  an  authorized
     7  prescribing professional.
     8    2.  (a) The commissioner, in conjunction with the office of alcoholism
     9  and substance abuse services, shall establish a program to  be  adminis-
    10  tered at correctional facilities within the department in the state, for
    11  the  purpose  of  employing medication assisted treatment for inmates in
    12  such facilities who are undergoing treatment for a substance use  disor-
    13  der.  Such program shall include all forms of medication assisted treat-
    14  ments  approved  for  the  treatment  of a substance use disorder by the
    15  Federal Food and Drug Administration for the  duration  of  an  inmate's
    16  incarceration  and  shall  provide  an individualized treatment plan for
    17  each participant.  After a medical screening, inmates who are determined
    18  to suffer  from  a  substance  use  disorder,  for  which  FDA  approved
    19  addiction medications exist shall be offered placement in the medication
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13428-12-8

        A. 8774--B                          2
 
     1  assisted  treatment  program.  Placement  in  such  program shall not be
     2  mandatory. Each participating  inmate  shall  work  with  an  authorized
     3  specialist  to  determine an individualized treatment plan, including an
     4  appropriate  level  of counseling.  Decisions regarding type, dosage, or
     5  duration of any medication regimen shall be made by a  qualified  health
     6  care  professional licensed or certified under title eight of the educa-
     7  tion law who is authorized to administer such medication in  conjunction
     8  with the inmate.
     9    (b) i. Such program shall also include conditions for a reentry strat-
    10  egy  for inmates who have participated in medication assisted treatment.
    11  Such strategy shall include, but  not  be  limited  to,  providing  each
    12  participating  inmate with information on available treatment facilities
    13  in  their  area,  information  on  available  housing   and   employment
    14  resources,  and  any  other  information  that will assist the inmate in
    15  continued recovery once released. Such program  shall  also  assist  the
    16  inmate in Medicaid enrollment, prior to release.
    17    ii.  Such  program  shall  provide participating inmates preparing for
    18  release from prison with a one-week supply of any necessary  medication,
    19  where  permissible  under federal laws and regulations to continue their
    20  medication assisted treatment in an effort to prevent relapse.
    21    (c) Reentry planning and community supervision should include a colla-
    22  borative relationship between clinical and parole staff including  shar-
    23  ing  of  accurate  information  regarding  the inmate's participation in
    24  medication assisted treatment to ensure that  their  medication  is  not
    25  deemed  illicit  or illegal. Additionally, procedures shall be developed
    26  to assist any reentrant who communicates a  relapse  with  their  parole
    27  officer  or  who  fails  a  drug test, to receive substance use disorder
    28  support in lieu of arrest and/or incarceration.
    29    3. The commissioner shall submit within one year of the effective date
    30  of this section and annually thereafter, a report to the  governor,  the
    31  temporary president of the senate and the speaker of the assembly on the
    32  effectiveness  of the program established pursuant to this section. Such
    33  reports shall include an analysis of the impact of such program  on  the
    34  participating  inmates,  including factors such as institutional adjust-
    35  ment, behavior infractions, reentry rates, HIV and  hepatitis  C  treat-
    36  ment,  and  program  participation,  among related relevant factors. The
    37  reports shall also  include  the  impact  on  institutional  safety  and
    38  performance  and  any  recommendations for additional legislative enact-
    39  ments that may be needed or required to improve or enhance  the  program
    40  as determined to be appropriate by the commissioner.
    41    4.  Participation  in  the medication assisted treatment program shall
    42  not be withheld from a qualified inmate.  An inmate may enter into  such
    43  program  at  any  time during his or her incarceration.  An inmate using
    44  medication assisted treatment prior to such inmate's incarceration shall
    45  be eligible to, upon request by such inmate, continue such treatment  in
    46  the  medication assisted treatment program for any period of time during
    47  the duration of such inmate's incarceration.  No person shall be  denied
    48  participation  in  the program on the basis of a positive drug screening
    49  upon entering custody or upon intake into the  program;  nor  shall  any
    50  person  receive a disciplinary infraction for such positive drug screen-
    51  ing. No person shall be removed from, or  denied  participation  in  the
    52  program on the basis of having received any disciplinary infraction: (a)
    53  before  entry  into  the  program;  or  (b)  during participation in the
    54  program.
    55    § 2. Section 45 of the correction law  is  amended  by  adding  a  new
    56  subdivision 18 to read as follows:

        A. 8774--B                          3
 
     1    18.  Establish  standards  and  guidelines for a program of medication
     2  assisted treatment for inmates in county jails and/or county correction-
     3  al facilities equivalent to the program established in state correction-
     4  al facilities pursuant to section six hundred twenty-five of this  chap-
     5  ter  and  submit  an  annual  report consistent with the requirements of
     6  subdivision three of such section.
     7    § 3.   The mental hygiene law is  amended  by  adding  a  new  section
     8  19.18-c to read as follows:
     9  § 19.18-c Corrections-based substance use disorder treatment and transi-
    10             tion services.
    11    1.  The  commissioner,  in consultation with local governmental units,
    12  county sheriffs, the New York city department of corrections  and  other
    13  stakeholders, shall implement a jail-based substance use disorder treat-
    14  ment and transition services program that supports the initiation, oper-
    15  ation and enhancement of substance use disorder treatment and transition
    16  services for persons with substance use disorder who are incarcerated in
    17  jails.
    18    2.  The services to be provided by such program shall be in accordance
    19  with plans developed  by  participating  local  governmental  units,  in
    20  collaboration  with county sheriffs and approved by the commissioner and
    21  shall include, but not be limited to, the following:
    22    (a) Alcohol, benzodiazepine, heroin and opioid withdrawal management;
    23    (b) All forms of  medication  assisted  treatments  approved  for  the
    24  treatment  of  a  substance  use  disorder  by the Federal Food and Drug
    25  Administration. Decisions regarding type, dosage,  or  duration  of  any
    26  medication regimen shall be made by a qualified health care professional
    27  licensed  or  certified  under  title  eight of the education law who is
    28  authorized to administer such medication in conjunction with the inmate;
    29    (c) Group and individual counseling and clinical support;
    30    (d) Peer support;
    31    (e) Discharge planning; and
    32    (f) Re-entry and transitional supports.
    33    3. (a) After a medical screening, inmates who are determined to suffer
    34  from a substance use disorder for which  medication  assisted  treatment
    35  exists  shall  be offered placement in the medication assisted treatment
    36  program. Placement in such program shall not be mandatory.
    37    (b) Participation in the medication assisted treatment  program  shall
    38  not  be  unreasonably  withheld from a qualified inmate. An inmate using
    39  medication assisted treatment prior to such inmate's incarceration shall
    40  be eligible to, upon request by such inmate, continue such treatment  in
    41  the  medication assisted treatment program for any period of time during
    42  the duration of such inmate's incarceration.
    43    (c) No person shall be denied participation  in  the  program  on  the
    44  basis  of a positive drug screening upon entering custody or upon intake
    45  into the program; nor shall any person receive a disciplinary infraction
    46  for such positive drug screening. No person shall be  removed  from,  or
    47  denied  participation in the program on the basis of having received any
    48  disciplinary infraction: (1) before  entry  into  the  program;  or  (2)
    49  during participation in the program.
    50    4.  Within amounts appropriated therefor, funding shall be made avail-
    51  able pursuant to criteria established by the office  of  alcoholism  and
    52  substance  abuse services in consultation with local governmental units,
    53  which shall take into consideration the local  needs  and  resources  as
    54  identified  by  local  governmental  units, the average daily jail popu-
    55  lation, the average number of persons  incarcerated  in  the  jail  that

        A. 8774--B                          4
 
     1  require substance use disorder services and such other factors as may be
     2  deemed necessary.
     3    §  4.    This  act  shall take effect on the one hundred twentieth day
     4  after it shall have become a law. Effective immediately,  the  addition,
     5  amendment  and/or  repeal  of  any  rule or regulation necessary for the
     6  implementation of this act on its effective date are  authorized  to  be
     7  made on or before such date.
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