2022 -- S 2612

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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

     

     Introduced By: Senators Kallman, Miller, DiMario, McCaffrey, DiPalma, Murray,
Archambault, and Bell

     Date Introduced: March 10, 2022

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 42-56 of the General Laws entitled "Corrections Department" is

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hereby amended by adding thereto the following section:

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     42-56-43. Medication assisted treatment.

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     (a) For purposes of this section, “medication assisted treatment” means treatment of

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chemical dependence or abuse and concomitant conditions with medications requiring a

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prescription or order from an authorized prescribing professional.

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     (b) The department, in conjunction with the department of health, shall establish a program

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to be administered at the adult correctional institutions for the purpose of employing medication

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assisted treatment for any persons imprisoned who are undergoing treatment for a substance use

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disorder. Such program shall include all forms of medication assisted treatments approved for the

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treatment of a substance use disorder by the federal Food and Drug Administration, and shall apply

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for the duration of the person’s incarceration and provide an individualized treatment plan for each

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participant.

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     (c) Within twenty-four (24) hours after admission, each inmate shall be screened for

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substance use disorders as part of an ongoing substance use screening and assessment process.

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     (d) After a medical screening, persons who are determined to suffer from a substance use

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disorder for which FDA-approved addiction medications exist shall be offered placement in the

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medication assisted treatment program. Placement in the program shall be voluntary. Each

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participant shall work with an authorized specialist to determine an individualized treatment plan,

 

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including an appropriate level of counseling. Decisions regarding type, dosage, or duration of any

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medication regimen shall be made by a qualified and licensed health care professional who is

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authorized to administer such medication.

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     (e) An inmate may enter into the program at any time during his or her incarceration. An

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inmate who is taking medication for a substance use disorder pursuant to a valid prescription shall

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be entitled to continue using and receiving that medication pending a medical evaluation.

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     (f) No person shall be denied participation in the program on the basis of a positive drug

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screening upon entering custody or upon intake into the program; nor shall any person receive a

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disciplinary infraction for such positive drug screening. No person shall be removed from, or denied

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participation in, the program on the basis of having received any disciplinary infraction either

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before entry into, or during participation in, the program.

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     (g) The program shall include a re-entry strategy for individuals who have participated in

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medication assisted treatment. The strategy shall include, but not be limited to:

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     (1) Providing each participant with information on available treatment facilities in their

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area, information on available housing and employment resources, and any other information that

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will assist the individual in continued recovery once released;

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     (2) Assisting the inmate in Medicaid enrollment prior to release;

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     (3) Providing participants preparing for release with a one-week supply of any necessary

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medication, where permissible under federal laws and regulations, to continue their medication

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assisted treatment in an effort to prevent relapse; and

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     (4) Sharing with parole officers accurate information regarding the inmate’s participation

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in medication assisted treatment to ensure that their medication is not deemed illicit or illegal.

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     (h) If a licensed practitioner makes a clinical judgment to discontinue a medication the

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inmate had been using prior to incarceration, the practitioner shall cause the reason for the

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discontinuance to be entered into the inmate’s medical record, specifically stating the reason for

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the discontinuance. The inmate shall be provided, both orally and in writing, with a specific

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explanation of the decision to discontinue the medication and with notice of the right to have his or

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her community-based prescriber notified of the decision. If the inmate provides signed

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authorization, the department shall notify the community-based prescriber in writing of the decision

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to discontinue the medication.

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     (i) An inmate may seek declaratory and/or injunctive relief for any violation of this section.

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     (j) The department shall submit, within one year of the effective date of this section and

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annually thereafter, a report to the governor and the general assembly on the effectiveness of the

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program established pursuant to this section. Such reports shall include an analysis of the impact

 

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of such program on the participants, including factors such as institutional adjustment, behavior

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infractions, reentry rates, HIV and hepatitis C treatment, and program participation, among related

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relevant factors. The reports shall also include the impact on institutional safety and performance

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and any recommendations for additional legislative enactments that may be needed or required to

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improve or enhance the program as determined to be appropriate by the department.

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     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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     This act would establish a program within the adult correctional institutions to permit

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medication assisted treatment approved by the FDA for the treatment of a substance abuse disorder

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to any individual incarcerated. Each inmate would be screened for substance use disorder within

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twenty-four (24) hours of incarceration and if determined to be suffering from a substance use

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disorder shall be offered placement in the medication assisted treatment program.

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     This act would take effect on January 1, 2023.

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