Bill Sponsors
Kallman, Lauria, Bell, Ujifusa, Acosta, Urso, Pearson, Raptakis, Valverde, and Thompson
Committee
Senate Judiciary
Summary
Select
This legislation mandates that the Department of Corrections establish a program at the Adult Correctional Institutions to provide medication-assisted treatment for inmates with opioid use disorders. The program must offer all FDA-approved medications and screen inmates for opioid use disorder within 24 hours of admission. Participation is voluntary, and inmates currently prescribed these medications can continue their regimen. The bill prohibits punishing inmates for positive drug screens upon entry or removing them from the program due to disciplinary infractions. It also requires re-entry planning to connect released individuals with community resources and annual reporting on the program's outcomes.
Sponsor
Analysis
Pros for Progressives
- Ensures incarcerated individuals receive evidence-based medical care for substance use disorders, treating addiction as a health issue rather than a moral failing.
- Prevents the withdrawal of life-saving medication as a form of punishment by prohibiting removal from the program based on disciplinary infractions.
- Mandates re-entry strategies that connect released individuals with housing, employment, and community treatment, potentially reducing recidivism and supporting successful reintegration.
Cons for Progressives
- Allows a "clinical judgment" loophole where a practitioner can discontinue medication, which could potentially be used to override a patient's desire for treatment.
- The effective date is set for January 2027, delaying critical healthcare access for incarcerated populations for several years.
- Does not explicitly mandate independent oversight outside of the Department of Corrections to ensure the program is administered without bias or neglect.
Pros for Conservatives
- Includes strict reporting requirements to the Governor and General Assembly, ensuring oversight and accountability regarding the program's effectiveness and safety.
- Requires clinical judgment and medical prescriptions for all treatments, ensuring that the program follows medical standards rather than allowing unrestricted drug use.
- Aims to reduce recidivism rates through effective treatment and re-entry planning, which could lower the long-term tax burden associated with repeated incarceration.
Cons for Conservatives
- Prohibits disciplinary infractions for positive drug screens upon intake, which could be viewed as lenient on drug use within the criminal justice system.
- Prevents removal from the program due to disciplinary behavior, potentially rewarding non-compliant inmates with continued specific medical privileges.
- Increases government spending and expands the welfare state to the incarcerated population by mandating comprehensive medication and treatment plans.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Inmates at Adult Correctional Institutions
- Department of Corrections Staff
- Medical Practitioners
- Parole Officers
- Taxpayers
Towns Affected
All
Cost to Taxpayers
Amount unknown
Revenue Generated
None
BillBuddy Impact Ratings
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Freedom Impact
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Public Services
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Regulatory
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Clarity of Bill Language
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Environmental Impact
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Privacy Impact
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/09/2026 Introduced, referred to Senate Judiciary
Bill Text
SECTION 1. Chapter 42-56 of the General Laws entitled "Corrections Department" is hereby amended by adding thereto the following section:
42-56-43. Medication for opioid use disorder.
(a) For purposes of this section, “medication for opioid use disorder” means treatment of the medical diagnosis, "opioid use disorder" with medications requiring a prescription or order from an authorized prescribing professional.
(b) The department shall establish a program to be administered at the adult correctional institutions for the purpose of employing medication assisted treatment for any persons imprisoned who are undergoing treatment for an opioid use disorder. The program shall include all forms of medication for opioid use disorder approved for the treatment of an opioid use disorder by the federal Food and Drug Administration, and shall apply for the duration of the person’s incarceration and provide an individualized treatment plan for each participant.
(c) Within twenty-four (24) hours after admission, each inmate shall be screened for an opioid use disorder as part of an ongoing opioid use screening and assessment process.
(d) After a medical screening, persons who are determined to suffer from an opioid use disorder for which FDA-approved addiction medications exist shall be offered placement in the medication for opioid use disorder program. Placement in the program shall be voluntary. Each participant shall work with an authorized specialist to determine an individualized treatment plan, including an appropriate level of counseling. Decisions regarding type, dosage, or duration of any medication regimen shall be made by a qualified and licensed health care professional who is authorized to administer the medication.
(e) An eligible inmate may enter into the program at any time during the inmate's incarceration. An inmate who is taking medication for an opioid use disorder pursuant to a valid prescription shall be entitled to continue using and receiving that medication pending a medical evaluation.
(f) No person shall be denied participation in the program on the basis of a positive drug screening upon entering custody or upon intake into the program; nor shall any person receive a disciplinary infraction for a positive drug screening upon entering custody, or upon intake into the program. No person shall be removed from, or denied participation in, the program on the basis of having received any disciplinary infraction either before entry into, or during participation in, the program.
(g) The program shall include a re-entry strategy for individuals who have participated in medication for opioid use disorder. The strategy shall include, but not be limited to:
(1) Providing each participant with information on available treatment facilities in their area, information on available housing and employment resources, and any other information that will assist the individual in continued recovery once released;
(2) Sharing with parole officers accurate information regarding the inmate’s participation in medication for opioid use disorder to ensure that their medication is not deemed illicit or illegal.
(h) If a licensed practitioner makes a clinical judgment to discontinue a medication for opioid use disorder the inmate had been using prior to incarceration, the practitioner 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.
(i) The department shall submit, within one year of the effective date of this section and annually thereafter, a report to the governor and the general assembly on the effectiveness of the program established pursuant to this section. The reports shall include an analysis of the impact of the program on the participants, including factors to include disciplinary incidents, reentry rates, and other related relevant factors. The reports shall also include the impact on institutional safety and performance and any recommendations for additional legislative enactments that may be needed or required to improve or enhance the program as determined to be appropriate by the LC003693 - Page 2 of 4 department.
(j) Nothing in this section shall be construed to dictate the provider-patient relationship or preempt existing state or federal laws, regulations or guidelines governing opioid treatment program administration in general, such as in the community, including the requirement of implementation of a diversion control plan, or dictate the standard of care for opioid treatment program administration or patient care, which is expected to generally follow the community standard of care, or reframe drug availability and formulary considerations as dictated by state and federal laws, regulations or guidelines.
SECTION 2. This act shall take effect on January 1, 2027.
42-56-43. Medication for opioid use disorder.
(a) For purposes of this section, “medication for opioid use disorder” means treatment of the medical diagnosis, "opioid use disorder" with medications requiring a prescription or order from an authorized prescribing professional.
(b) The department shall establish a program to be administered at the adult correctional institutions for the purpose of employing medication assisted treatment for any persons imprisoned who are undergoing treatment for an opioid use disorder. The program shall include all forms of medication for opioid use disorder approved for the treatment of an opioid use disorder by the federal Food and Drug Administration, and shall apply for the duration of the person’s incarceration and provide an individualized treatment plan for each participant.
(c) Within twenty-four (24) hours after admission, each inmate shall be screened for an opioid use disorder as part of an ongoing opioid use screening and assessment process.
(d) After a medical screening, persons who are determined to suffer from an opioid use disorder for which FDA-approved addiction medications exist shall be offered placement in the medication for opioid use disorder program. Placement in the program shall be voluntary. Each participant shall work with an authorized specialist to determine an individualized treatment plan, including an appropriate level of counseling. Decisions regarding type, dosage, or duration of any medication regimen shall be made by a qualified and licensed health care professional who is authorized to administer the medication.
(e) An eligible inmate may enter into the program at any time during the inmate's incarceration. An inmate who is taking medication for an opioid use disorder pursuant to a valid prescription shall be entitled to continue using and receiving that medication pending a medical evaluation.
(f) No person shall be denied participation in the program on the basis of a positive drug screening upon entering custody or upon intake into the program; nor shall any person receive a disciplinary infraction for a positive drug screening upon entering custody, or upon intake into the program. No person shall be removed from, or denied participation in, the program on the basis of having received any disciplinary infraction either before entry into, or during participation in, the program.
(g) The program shall include a re-entry strategy for individuals who have participated in medication for opioid use disorder. The strategy shall include, but not be limited to:
(1) Providing each participant with information on available treatment facilities in their area, information on available housing and employment resources, and any other information that will assist the individual in continued recovery once released;
(2) Sharing with parole officers accurate information regarding the inmate’s participation in medication for opioid use disorder to ensure that their medication is not deemed illicit or illegal.
(h) If a licensed practitioner makes a clinical judgment to discontinue a medication for opioid use disorder the inmate had been using prior to incarceration, the practitioner 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.
(i) The department shall submit, within one year of the effective date of this section and annually thereafter, a report to the governor and the general assembly on the effectiveness of the program established pursuant to this section. The reports shall include an analysis of the impact of the program on the participants, including factors to include disciplinary incidents, reentry rates, and other related relevant factors. The reports shall also include the impact on institutional safety and performance and any recommendations for additional legislative enactments that may be needed or required to improve or enhance the program as determined to be appropriate by the LC003693 - Page 2 of 4 department.
(j) Nothing in this section shall be construed to dictate the provider-patient relationship or preempt existing state or federal laws, regulations or guidelines governing opioid treatment program administration in general, such as in the community, including the requirement of implementation of a diversion control plan, or dictate the standard of care for opioid treatment program administration or patient care, which is expected to generally follow the community standard of care, or reframe drug availability and formulary considerations as dictated by state and federal laws, regulations or guidelines.
SECTION 2. This act shall take effect on January 1, 2027.