Relates to providing necessary medication to persons committed to the custody of the department

BILL NUMBER:A8860

Title of bill

An act to amend the correction law, in relation to providing necessary medicine to persons committed to the custody of the department

Purpose or general idea of bill

This bill would amend the Correction Law in relation to providing necessary medicine for chronic illness to persons committed to the custody of the New York State Department of Corrections.

Present law this bill would alter

This bill would add a new section 71-a to the Corrections Law.

Summary of specific provisions

This legislation ensures that all medi- cations prescribed by physicians to treat chronic conditions (including addiction) prior to incarceration for persons in the custody of the Department of Corrections are continued during admittance and/or trans- fer to a correctional facility or local correctional facility.

(2) Medications shall continue to be administered to the incarcerated individual for a minimum of 30 days from the date of being committed.

(3) Within 180 days of the effective date of this legislation, the Commissioner of Corrections; in consultation with the Commissioner of Health, is authorized and directed to establish a system to ensure that all necessary medications are given to incarcerated persons in a timely manner while in the custody of the Department of Corrections.

(3A) A screening staff, which shall include any medical professional currently employed by a correctional facility, will be trained to deter- mine:

* (3B) a method for determining which medications shall be deemed neces- sary;

* (3C) a method for contacting the prescribing physician;

* (3D) a method for validating the prescription;

* (3E) a method for checking all medications brought into a facility are labeled to ensure they are in fact what they say they are;

* (3F) a method for providing necessary medication without a supply of such medication;

* (3G) a method for notifying in advance a facility receiving a trans- ferred incarcerated person and that the person has been prescribed a necessary medication and that continuation is urgent; and

* (3H) a method for maintaining a supply of the most common necessary medications at each facility, or having an on-call physician or other

medical professional capable of prescribing medications available to prescribe such medications and the ability to fill such prescription.

Justification

This legislation seeks to continue treatment for pre-ex- isting clinically diagnosed addiction or illness while individuals are incarcerated and/or transferred to a correctional facility in New York State so as to continue proper medical care for the individual and to promote overall positive health results far all in the correctional system.

The U.S. Department of Health and Human Services has recognized that the trauma of imprisonment, coupled with withdrawal from addiction and a lack of necessary medication; can endanger physical and mental health and may increase the risk of suicide. It is widely recognized that with- drawal from alcohol and drugs in prison, and the absence of medically necessary medications for diagnosed health issues, is a "serious. medical need" that gives rise to an obligation to provide adequate medical care.

Decades have passed since court decisions were decided against an inmate's right to methadone maintenance treatment, and since then significant advancements have been made in the scientific, medical and behavioral approaches to addiction as a disease. Today, it is increas- ingly difficult to argue that clinically diagnosed addiction is not a "serious medical need."

Prior legislative history

New bill.

Fiscal implications

Minimal to the state.

Effective date

This act shall take effect on the 90th day after it becomes law.