New York S 8033: Prohibits incarcerated individuals suffering from a substance use disorder from being prescribed medications for a different disorder

Bill Text

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S08033 Summary:

BILL NOS08033 

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SAME ASNo Same As

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SPONSORFERNANDEZ

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COSPNSR

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MLTSPNSR

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Amd §626, Cor L

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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.

Go to top S08033 Actions:

BILL NOS08033 

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05/15/2025REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

01/07/2026REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

04/21/2026REPORTED AND COMMITTED TO HEALTH

Go to topS08033 Committee&nbspVotes:

Go to topS08033 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS08033 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 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.

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