§ 801b. Medication for opioid use disorder in correctional facilities
(a) If an inmate receiving medication for opioid use disorder prior to entering the correctional
facility continues to receive medication prescribed in the course of medication for
opioid use disorder pursuant to section 801 of this title, the inmate shall be authorized to receive that medication for as long as medically
necessary.
(b)(1) If at any time an inmate screens positive as having an opioid use disorder, the inmate
may elect to commence buprenorphine-specific medication for opioid use disorder if
it is deemed medically necessary by a provider authorized to prescribe buprenorphine.
The inmate shall be authorized to receive the medication as soon as possible and for
as long as medically necessary.
(2) Nothing in this subsection shall prevent an inmate who commences medication for opioid
use disorder while in a correctional facility from transferring from buprenorphine
to methadone if:
(A) methadone is deemed medically necessary by a provider authorized to prescribe methadone;
and
(B) the inmate elects to commence methadone as recommended by a provider authorized to
prescribe methadone.
(c) The licensed practitioner who makes the clinical judgment to discontinue a medication
shall cause the reason for the discontinuance to be entered into the inmate’s medical
record, specifically stating the reason for the discontinuance. The inmate shall be
provided, both orally and in writing, with a specific explanation of the decision
to discontinue the medication and with notice of the right to have the inmate’s community-based
prescriber notified of the decision. If the inmate provides signed authorization,
the Department shall notify the community-based prescriber in writing of the decision
to discontinue the medication.
(d)(1) As part of reentry planning, the Department shall commence medication for opioid use
disorder prior to an offender’s release if:
(A) the offender screens positive for an opioid use disorder;
(B) medication for opioid use disorder is medically necessary; and
(C) the offender elects to commence medication for opioid use disorder.
(2) If medication for opioid use disorder is indicated and despite best efforts induction
is not possible prior to release, the Department shall ensure comprehensive care coordination
with a community-based provider.
(3) If an offender takes a prescribed medication as part of medication for opioid use
disorder while incarcerated and that prescription medication is both available at
the facility and clinically appropriate for the offender at the time of discharge
from the correctional facility, the Department or its contractor shall provide the
offender, at the time of release, with a legally permissible supply to ensure that
the offender may continue taking the medication as prescribed prior to obtaining the
prescription medication in the community.
(e)(1) Counseling or behavioral therapies shall be provided in conjunction with the use of
medication for medication-assisted treatment as provided for in the Department of
Health’s “Rule Governing Medication for Opioid Use Disorder for: (1) Office-Based
Opioid Treatment Providers Prescribing Buprenorphine; and (2) Opioid Treatment Providers.”
(2) As part of reentry planning, the Department shall inform and offer care coordination
to an offender to expedite access to counseling and behavioral therapies within the
community.
(3) As part of reentry planning, the Department or its contractor shall identify any necessary
licensed health care provider or an opioid use disorder treatment program, or both,
and schedule an intake appointment for the offender with the providers or treatment
program, or both, to ensure that the offender can continue treatment in the community
as part of the offender’s reentry plan. The Department or its contractor may employ
or contract with a case worker or health navigator to assist with scheduling any health
care appointments in the community. (Added 2017, No. 176 (Adj. Sess.), § 4; amended 2019, No. 72, § E.338.2; 2023, No. 159 (Adj. Sess.), § 2, eff. July 1, 2024.)