Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0143 Compare Versions

Only one version of the bill is available at this time.

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5	5	2025 -- S 0143
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7	7	LC000173
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO STATE AFFAIRS AND GOVERNMENT -- CORRECTIONS DEPARTMENT
16	16	Introduced By: Senators Kallman, Lauria, Valverde, DiMario, Mack, Bissaillon, and
17	17	Murray
18	18	Date Introduced: January 31, 2025
19	19	Referred To: Senate Judiciary
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Chapter 42-56 of the General Laws entitled "Corrections Department" is 1
24	24	hereby amended by adding thereto the following section: 2
25	25	42-56-43. Medication for opioid use disorder. 3
26	26	(a) For purposes of this section, “medication for opioid use disorder” means treatment of 4
27	27	the medical diagnosis, "opioid use disorder" with medications requiring a prescription or order from 5
28	28	an authorized prescribing professional. 6
29	29	(b) The department shall establish a program to be administered at the adult correctional 7
30	30	institutions for the purpose of employing medication assisted treatment for any persons imprisoned 8
31	31	who are undergoing treatment for an opioid use disorder. The program shall include all forms of 9
32	32	medication for opioid use disorder approved for the treatment of an opioid use disorder by the 10
33	33	federal Food and Drug Administration, and shall apply for the duration of the person’s incarceration 11
34	34	and provide an individualized treatment plan for each participant. 12
35	35	(c) Within twenty-four (24) hours after admission, each inmate shall be screened for an 13
36	36	opioid use disorder as part of an ongoing opioid use screening and assessment process. 14
37	37	(d) After a medical screening, persons who are determined to suffer from an opioid use 15
38	38	disorder for which FDA-approved addiction medications exist shall be offered placement in the 16
39	39	medication for opioid use disorder program. Placement in the program shall be voluntary. Each 17
40	40	participant shall work with an authorized specialist to determine an individualized treatment plan, 18
41	41	including an appropriate level of counseling. Decisions regarding type, dosage, or duration of any 19
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45	45	medication regimen shall be made by a qualified and licensed health care professional who is 1
46	46	authorized to administer the medication. 2
47	47	(e) An eligible inmate may enter into the program at any time during the inmate's 3
48	48	incarceration. An inmate who is taking medication for an opioid use disorder pursuant to a valid 4
49	49	prescription shall be entitled to continue using and receiving that medication pending a medical 5
50	50	evaluation. 6
51	51	(f) No person shall be denied participation in the program on the basis of a positive drug 7
52	52	screening upon entering custody or upon intake into the program; nor shall any person receive a 8
53	53	disciplinary infraction for a positive drug screening upon entering custody, or upon intake into the 9
54	54	program. No person shall be removed from, or denied participation in, the program on the basis of 10
55	55	having received any disciplinary infraction either before entry into, or during participation in, the 11
56	56	program. 12
57	57	(g) The program shall include a re-entry strategy for individuals who have participated in 13
58	58	medication for opioid use disorder. The strategy shall include, but not be limited to: 14
59	59	(1) Providing each participant with information on available treatment facilities in their 15
60	60	area, information on available housing and employment resources, and any other information that 16
61	61	will assist the individual in continued recovery once released; 17
62	62	(2) Sharing with parole officers accurate information regarding the inmate’s participation 18
63	63	in medication for opioid use disorder to ensure that their medication is not deemed illicit or illegal. 19
64	64	(h) If a licensed practitioner makes a clinical judgment to discontinue a medication for 20
65	65	opioid use disorder the inmate had been using prior to incarceration, the practitioner shall cause the 21
66	66	reason for the discontinuance to be entered into the inmate’s medical record, specifically stating 22
67	67	the reason for the discontinuance. The inmate shall be provided, both orally and in writing, with a 23
68	68	specific explanation of the decision to discontinue the medication and with notice of the right to 24
69	69	have the inmate's community-based prescriber notified of the decision. If the inmate provides 25
70	70	signed authorization, the department shall notify the community-based prescriber in writing of the 26
71	71	decision to discontinue the medication. 27
72	72	(i) The department shall submit, within one year of the effective date of this section and 28
73	73	annually thereafter, a report to the governor and the general assembly on the effectiveness of the 29
74	74	program established pursuant to this section. The reports shall include an analysis of the impact of 30
75	75	the program on the participants, including factors to include disciplinary incidents, reentry rates, 31
76	76	and other related relevant factors. The reports shall also include the impact on institutional safety 32
77	77	and performance and any recommendations for additional legislative enactments that may be 33
78	78	needed or required to improve or enhance the program as determined to be appropriate by the 34
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82	82	department. 1
83	83	(j) Nothing in this section shall be construed to dictate the provider-patient relationship or 2
84	84	preempt existing state or federal laws, regulations or guidelines governing opioid treatment 3
85	85	program administration in general, such as in the community, including the requirement of 4
86	86	implementation of a diversion control plan, or dictate the standard of care for opioid treatment 5
87	87	program administration or patient care, which is expected to generally follow the community 6
88	88	standard of care, or reframe drug availability and formulary considerations as dictated by state and 7
89	89	federal laws, regulations or guidelines. 8
90	90	SECTION 2. This act shall take effect on January 1, 2026. 9
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97	97	EXPLANATION
98	98	BY THE LEGISLATIVE COUNCIL
99	99	OF
100	100	A N A C T
101	101	RELATING TO STATE AFFAIRS AND GOVERNMENT -- CORRECTIONS DEPARTMENT
102	102	***
103	103	This act would establish a program within the adult correctional institutions to permit 1
104	104	medication for opioid use disorder approved by the FDA to be provided for the treatment of an 2
105	105	opioid use disorder to any individual incarcerated. Each inmate would be screened for opioid use 3
106	106	disorder within twenty-four (24) hours of incarceration and if determined to be suffering from an 4
107	107	opioid use disorder would be offered placement in the medication for opioid use disorder program. 5
108	108	This act would take effect on January 1, 2026. 6
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