2022 -- S 2612 | |
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LC005031 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
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A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- CORRECTIONS DEPARTMENT | |
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Introduced By: Senators Kallman, Miller, DiMario, McCaffrey, DiPalma, Murray, | |
Date Introduced: March 10, 2022 | |
Referred To: Senate Health & Human Services | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 42-56 of the General Laws entitled "Corrections Department" is |
2 | hereby amended by adding thereto the following section: |
3 | 42-56-43. Medication assisted treatment. |
4 | (a) For purposes of this section, “medication assisted treatment” means treatment of |
5 | chemical dependence or abuse and concomitant conditions with medications requiring a |
6 | prescription or order from an authorized prescribing professional. |
7 | (b) The department, in conjunction with the department of health, shall establish a program |
8 | to be administered at the adult correctional institutions for the purpose of employing medication |
9 | assisted treatment for any persons imprisoned who are undergoing treatment for a substance use |
10 | disorder. Such program shall include all forms of medication assisted treatments approved for the |
11 | treatment of a substance use disorder by the federal Food and Drug Administration, and shall apply |
12 | for the duration of the person’s incarceration and provide an individualized treatment plan for each |
13 | participant. |
14 | (c) Within twenty-four (24) hours after admission, each inmate shall be screened for |
15 | substance use disorders as part of an ongoing substance use screening and assessment process. |
16 | (d) After a medical screening, persons who are determined to suffer from a substance use |
17 | disorder for which FDA-approved addiction medications exist shall be offered placement in the |
18 | medication assisted treatment program. Placement in the program shall be voluntary. Each |
19 | participant shall work with an authorized specialist to determine an individualized treatment plan, |
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1 | including an appropriate level of counseling. Decisions regarding type, dosage, or duration of any |
2 | medication regimen shall be made by a qualified and licensed health care professional who is |
3 | authorized to administer such medication. |
4 | (e) An inmate may enter into the program at any time during his or her incarceration. An |
5 | inmate who is taking medication for a substance use disorder pursuant to a valid prescription shall |
6 | be entitled to continue using and receiving that medication pending a medical evaluation. |
7 | (f) No person shall be denied participation in the program on the basis of a positive drug |
8 | screening upon entering custody or upon intake into the program; nor shall any person receive a |
9 | disciplinary infraction for such positive drug screening. No person shall be removed from, or denied |
10 | participation in, the program on the basis of having received any disciplinary infraction either |
11 | before entry into, or during participation in, the program. |
12 | (g) The program shall include a re-entry strategy for individuals who have participated in |
13 | medication assisted treatment. The strategy shall include, but not be limited to: |
14 | (1) Providing each participant with information on available treatment facilities in their |
15 | area, information on available housing and employment resources, and any other information that |
16 | will assist the individual in continued recovery once released; |
17 | (2) Assisting the inmate in Medicaid enrollment prior to release; |
18 | (3) Providing participants preparing for release with a one-week supply of any necessary |
19 | medication, where permissible under federal laws and regulations, to continue their medication |
20 | assisted treatment in an effort to prevent relapse; and |
21 | (4) Sharing with parole officers accurate information regarding the inmate’s participation |
22 | in medication assisted treatment to ensure that their medication is not deemed illicit or illegal. |
23 | (h) If a licensed practitioner makes a clinical judgment to discontinue a medication the |
24 | inmate had been using prior to incarceration, the practitioner shall cause the reason for the |
25 | discontinuance to be entered into the inmate’s medical record, specifically stating the reason for |
26 | the discontinuance. The inmate shall be provided, both orally and in writing, with a specific |
27 | explanation of the decision to discontinue the medication and with notice of the right to have his or |
28 | her community-based prescriber notified of the decision. If the inmate provides signed |
29 | authorization, the department shall notify the community-based prescriber in writing of the decision |
30 | to discontinue the medication. |
31 | (i) An inmate may seek declaratory and/or injunctive relief for any violation of this section. |
32 | (j) The department shall submit, within one year of the effective date of this section and |
33 | annually thereafter, a report to the governor and the general assembly on the effectiveness of the |
34 | program established pursuant to this section. Such reports shall include an analysis of the impact |
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1 | of such program on the participants, including factors such as institutional adjustment, behavior |
2 | infractions, reentry rates, HIV and hepatitis C treatment, and program participation, among related |
3 | relevant factors. The reports shall also include the impact on institutional safety and performance |
4 | and any recommendations for additional legislative enactments that may be needed or required to |
5 | improve or enhance the program as determined to be appropriate by the department. |
6 | SECTION 2. This act shall take effect on January 1, 2023. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- CORRECTIONS DEPARTMENT | |
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1 | This act would establish a program within the adult correctional institutions to permit |
2 | medication assisted treatment approved by the FDA for the treatment of a substance abuse disorder |
3 | to any individual incarcerated. Each inmate would be screened for substance use disorder within |
4 | twenty-four (24) hours of incarceration and if determined to be suffering from a substance use |
5 | disorder shall be offered placement in the medication assisted treatment program. |
6 | This act would take effect on January 1, 2023. |
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