The Vermont Statutes Online

Title 28 : Public Institutions and Corrections

Chapter 011 : Supervision of Adult Inmates at the Correctional Facilities

Subchapter 003 : CARE OF INMATES

• § 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.)