Vermont H 32: An act relating to treatment for opioid use disorder in correctional facilities

Bill Text

BILL AS INTRODUCED H.32
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VT LEG #379111 v.1
H.32 1
Introduced by Representatives Headrick of Burlington, Maguire of Rutland 2
City, Arsenault of Williston, Bartley of Fairfax, Burke of 3
Brattleboro, Burkhardt of South Burlington, Burrows of West 4
Windsor, Campbell of St. Johnsbury, Cole of Hartford, Dodge 5
of Essex, Donahue of Northfield, Galfetti of Barre Town, 6
Graning of Jericho, Gregoire of Fairfield, Harrison of 7
Chittenden, Howard of Rutland City, Keyser of Rutland City, 8
Krasnow of South Burlington, Labor of Morgan, Luneau of St. 9
Albans City, Malay of Pittsford, McCann of Montpelier, 10
McCoy of Poultney, McGill of Bridport, Morgan, L. of Milton, 11
Morgan, M. of Milton, Morrissey of Bennington, Noyes of 12
Wolcott, Parsons of Newbury, Powers of Waterford, Rachelson 13
of Burlington, Surprenant of Barnard, Tomlinson of Winooski, 14
Toof of St. Albans Town, and Waszazak of Barre City 15
Referred to Committee on 16
Date: 17
Subject: Corrections; human services; substance use disorder; medication for 18
opioid use disorder 19
Statement of purpose of bill as introduced: This bill proposes to require the 20
Department of Corrections to enter into memorandums of understanding with 21

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VT LEG #379111 v.1
opioid treatment programs nearest each correctional facility in the State for the 1
provision of opioid use disorder services, including medication for opioid use 2
disorder. This bill also authorizes the Department of Corrections to enter into 3
memorandums of understanding with office-based treatment providers within 4
reasonable proximity to a correctional facility in the State for the provision of 5
opioid use disorder services, including medication for opioid use disorder. 6
An act relating to treatment for opioid use disorder in correctional facilities 7
It is hereby enacted by the General Assembly of the State of Vermont: 8
Sec. 1. LEGISLATIVE INTENT 9
It is the intent of the General Assembly that inmates with opioid use 10
disorder receive the same coordinated, accessible, and evidence-based 11
treatment for opioid use disorder in a correctional facility as provided by 12
Vermont’s hub and spoke community system. 13
Sec. 2. 28 V.S.A. § 801 is amened to read: 14
§ 801. MEDICAL CARE OF INMATES 15
(a) Provision of medical care. The Department shall provide health care for 16
inmates in accordance with the prevailing medical standards. When the 17
provision of such care requires that the inmate be taken outside the boundaries 18
of the correctional facility wherein the inmate is confined, the Department 19

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shall provide reasonable safeguards, when deemed necessary, for the custody 1
of the inmate while the inmate is confined at a medical facility. 2
(b) Screenings and assessments. 3
(1) Upon admission to a correctional facility for a minimum of 14 4
consecutive days, each inmate shall be given a physical assessment unless 5
extenuating circumstances exist. 6
(2) Within 24 hours after admission to a correctional facility, each 7
inmate shall be screened for substance use disorders as part of the initial and 8
ongoing substance use screening and assessment process. This process 9
includes screening and assessment for opioid use disorders. 10
* * * 11
(e) Pre-existing prescriptions; definitions for subchapter. 12
(1) Except as otherwise provided in this subsection, an inmate who is 13
admitted to a correctional facility while under the medical care of a licensed 14
physician, a licensed physician assistant, or a licensed advanced practice 15
registered nurse and who is taking medication at the time of admission 16
pursuant to a valid prescription as verified by the inmate’s pharmacy of record, 17
primary care provider, other licensed care provider, or as verified by the 18
Vermont Prescription Monitoring System or other prescription monitoring or 19
information system, including buprenorphine, methadone, or other medication 20
prescribed in the course of medication for opioid use disorder, shall be entitled 21

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VT LEG #379111 v.1
to continue that medication and to be provided that medication by the 1
Department pending an evaluation by a licensed physician, a licensed 2
physician assistant, or a licensed advanced practice registered nurse or in the 3
case of medication for opioid use disorder, a provider serving the correctional 4
facility in accordance with a memorandum of understanding executed pursuant 5
to subsection 801b(a) of this title. 6
(2) Notwithstanding subdivision (1) of this subsection, the Department 7
may defer provision of a validly prescribed medication in accordance with this 8
subsection if, in the clinical judgment of a licensed physician, a physician 9
assistant, or an advanced practice registered nurse, or in the case of medication 10
for opioid use disorder, a provider serving the correctional facility in 11
ac