Prohibits incarcerated individuals who are determined to suffer from a substance use disorder for which there is no FDA approved addiction medications from being administered medication approved for a different disorder.
STATE OF NEW YORK
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8033
2025-2026 Regular Sessions
IN SENATE
May 15, 2025
___________
Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Crime Victims, Crime and
Correction
AN ACT to amend the correction law, in relation to prohibiting incarcer-
ated individuals suffering from a substance use disorder from being
prescribed medications for a different disorder
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 2 of section 626 of the
2 correction law, as separately amended by chapters 147 and 486 of the
3 laws of 2022, is amended to read as follows:
4 (a) The commissioner, in conjunction with the office of addiction
5 services and supports, shall establish a program to be administered at
6 correctional facilities within the department in the state, for the
7 purpose of employing medication assisted treatment for incarcerated
8 individuals in such facilities who are undergoing treatment for a
9 substance use disorder. Such program shall include all forms of medica-
10 tion assisted treatments approved for the treatment of a substance use
11 disorder by the Federal Food and Drug Administration for the duration of
12 an incarcerated individual's incarceration and shall provide an individ-
13 ualized treatment plan for each participant. After a medical screening,
14 incarcerated individuals who are determined to suffer from a substance
15 use disorder, for which FDA approved addiction medications exist shall
16 be offered placement in the medication assisted treatment program.
17 Placement in such program shall not be mandatory. Each participating
18 incarcerated individual shall work with an authorized specialist to
19 determine an individualized treatment plan, including an appropriate
20 level of counseling. Decisions regarding type, dosage, or duration of
21 any medication regimen shall be made by a qualified health care profes-
22 sional licensed or certified under title eight of the education law who
23 is authorized to administer such medication in conjunction with the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13108-01-5
S. 8033 2
1 incarcerated individual. Incarcerated individuals who are determined to
2 suffer from a substance use disorder for which there is no FDA approved
3 addiction medications shall be offered placement in the medication
4 assisted treatment program but shall not be administered medication
5 approved for a different disorder.
6 § 2. This act shall take effect immediately.
