SENATE HEALTH AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 425

56th legislature - STATE OF NEW MEXICO - first session, 2023

 

 

 

 

 

 

 

AN ACT

RELATING TO HEALTH; REQUIRING THE ESTABLISHMENT AND OPERATION OF MEDICATION-ASSISTED TREATMENT PROGRAMS IN COUNTY DETENTION FACILITIES; EXPANDING MEDICATION-ASSISTED TREATMENT PROGRAMS IN STATE CORRECTIONS FACILITIES; CREATING A FUND; MAKING APPROPRIATIONS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] DEFINITION.--As used in this 2023 act, "medication-assisted treatment" means the use of federal food and drug administration-approved prescription drugs for the treatment of substance use disorder.

     SECTION 2. [NEW MATERIAL] MEDICATION-ASSISTED TREATMENT FOR THE INCARCERATED PROGRAM FUND--PURPOSE.--

          A. The "medication-assisted treatment for the incarcerated program fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants and donations. The human services department shall administer the fund, and money in the fund is appropriated to the human services department to assist all counties that operate detention facilities to establish and operate medication-assisted treatment programs for people who are incarcerated in county detention facilities. Disbursements from the fund shall be made by warrants of the secretary of finance and administration pursuant to vouchers signed by the secretary of human services.

          B. No later than December 1, 2023, the human services department shall promulgate rules for the operation of medication-assisted treatment programs in county detention facilities in consultation with county corrections administrators and providers who specialize in substance use disorder treatment and have experience working in corrections settings.

          C. All detention facilities operated by counties shall:

                (1) continue medication-assisted treatment for people who:

                     (a) are booked into a county detention facility after July 1, 2024; and

                     (b) have a current prescription for a federal food and drug administration-approved prescription drug for the treatment of substance use disorder at the time of booking; and

                (2) offer medication-assisted treatment to incarcerated people in need of such treatment by no later than July 1, 2025.

     SECTION 3. [NEW MATERIAL] REPORTING.--Beginning October 1, 2023 and annually thereafter, the human services department shall report to the interim legislative health and human services committee and the legislative finance committee on the establishment and operation of medication-assisted treatment programs in county detention facilities.

     SECTION 4. APPROPRIATIONS.--

          A. Ten million dollars ($10,000,000) is appropriated from the office of the attorney general's opioid settlement fund to the medication-assisted treatment for the incarcerated program fund for expenditure in fiscal year 2024 and subsequent fiscal years to carry out the purposes of the fund. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the attorney general's opioid settlement fund.

          B. Two million dollars ($2,000,000) is appropriated from the general fund to the corrections department for expenditure in fiscal year 2024 and subsequent fiscal years, and any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund, to:

                (1) expand and continue to operate currently existing medication-assisted treatment programs for people who are incarcerated in a state corrections facility; and

                (2) by the end of fiscal year 2024, establish and operate a medication-assisted treatment program to:

                     (a) continue medication-assisted treatment for incarcerated people with a prescription for a federal food and drug administration-approved drug for the treatment of substance use disorder who are booked into a state corrections facility; and

                     (b) by the end of fiscal year 2025, offer medication-assisted treatment to all incarcerated people in need of such treatment.

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