New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 325 - SPECIALTY SERVICES
Part 12 - MEDICATION ASSISTED TREATMENT SERVICES IN CORRECTIONAL SETTINGS
Section 8.325.12.9 - PROGRAM REQUIRED ELEMENTS
Universal Citation: 8 NM Admin Code 8.325.12.9
Current through Register Vol. 35, No. 18, September 24, 2024
A. Identification of the type of treatment service delivery model(s) to be used by the correctional facility's treatment programs:
(1) Facility becomes an
accredited/certified and DEA-registered opioid treatment program/narcotic
treatment program (OTP/NTP).
(2)
Facility contracts with medical service provider (to include onsite or
telemedicine resources).
(3)
Facility transport to OTP/NTP.
(4)
Facility arranges for MOUD provider to come to the facility to provide
services.
B. Screening and referral to assessment:
(1) A preliminary
SUD screening shall be administered during the correctional facility's in-take
process. The screening instrument shall:
(a)
follow evidence-based practices consistent with current scientifically-based
and validated tools, protocols, or guidance for SUD treatment and services to
identify all individuals who may have a SUD as well as individuals in need of
withdrawal management services; and
(b) assure identification of individuals who
are receiving continuation of SUD treatment (to include MAT and MOUD) in the
community or in a county detention facility prior to placement to inform
continuation of those services during the individual's incarceration.
(2) Individuals screened and
referred for assessment, shall receive a comprehensive assessment and
diagnostic evaluation for SUD. The clinical assessment and diagnostic
evaluation shall:
(a) follow best practice and
accepted general SUD guidelines; and
(b) serve as basis for provision of treatment
services for those individuals diagnosed with a SUD for which there are federal
food and drug administration (FDA) approved medications. For persons
specifically identified with OUD, FDA-approved MAT/MOUD shall be
offered.
(3) Beginning on
July 1, 2026, current inmates and detainees may request SUD screening at any
time during their incarceration, including prior to release, and this shall
result in a referral for screening and assessment, if indicated.
C. MAT/MOUD Medications:
(1) The program shall
include provision of all medications approved by the FDA for the treatment of
SUD and withdrawal management to ensure that each program participant receives
the medication identified to be the most effective at treating and meeting
individual needs.
(2) The program
shall provide existing or prospective program participants education regarding
the FDA-approved medications for the treatment of SUD, including the benefits
and risks.
(3) The decision as to
which FDA-approved medication is prescribed, dispensed and administered shall
be made by the healthcare practitioner in consultation with the program
participant, taking into consideration security, health and safety level, and
community resource availability. Transferring from one OUD medication to
another to another may commence, if:
(a) the
new medication is deemed medically necessary by a healthcare practitioner
authorized to prescribe that new medication and the program participant
consents to the change; or
(b) the
program participant elects to commence the new medication, the new medication
is FDA-approved to treat the program participant's SUD, and a qualified
healthcare practitioner does not identify any absolute contraindication to the
change.
(4) Program
participants who are receiving MOUD during incarceration and who elect to
discontinue MOUD shall receive education on the risks of MOUD discontinuation
and supervised clinical taper from MOUD to avoid abrupt discontinuation of the
medication.
(5) Program healthcare
practitioners will assess program participants on an annual basis at a minimum
but can choose to assess a program participant more frequently in order to
determine their response to a given medication. Following the assessment
(whether annual or interim), the healthcare practitioner may, in consultation
with the program participant, recommend that the medication be continued,
titrated or tapered. Education must be provided to the program participant
regarding the benefits and risks of the clinical options and decision
making.
D. Therapeutic services:
(1) An
individualized treatment plan shall be created for each program
participant.
(2) Group or
individual counseling services with clinical support and supervision shall be
provided where available. Treatment services, to include medication, shall not
be withheld in the event of the lack of availability of counseling
services.
(3) Service delivery
shall offer engagement with qualified peer support workers or certified peer
support workers.
E. Reentry services:
(1) Reentry
planning for the program participant shall begin upon entry to the treatment
program.
(2) Qualified peer support
workers or certified peer support workers shall be engaged with the reentry
process from the onset of the program participant's enrollment in the treatment
program.
(3) Facilities shall
ensure referral to a community-based provider if MAT/MOUD is indicated for a
program participant and, despite best efforts, treatment initiation is not
possible prior to release.
(4)
Reentry planning shall occur to assure continuity of care in the community for
program participants who received MAT/MOUD services for their SUD during
incarceration and are exiting facilities.
(5) Reentry services for program participants
receiving MAT/MOUD during incarceration, in order to promote success and
safeguard from poor outcomes, shall include, but not be limited to:
(a) providing information and referral to
available SUD treatment facilities and primary care clinical facilities in the
program participant's area of release;
(b) referring program participants who are
receiving treatment with methadone, to OTPs under medical order and in
compliance with current federal and state requirements and regulations
regarding services' transfer;
(c)
assisting program participants with information and resources for housing and
regional resources that include job employment assistance, healthcare,
transportation, and other safety-net services in community of release,
including tribal programs and services;
(d) assisting program participants with
information on and reactivation of medicaid/medicare enrollment and affiliation
with a managed care organization (MCO) or fee for service for eligible
participants; and
(e) assuring
program participant access to naloxone rescue kits, or a prescription for a
naloxone rescue kit as indicated in 33-2-51 NMSA 1978.
F. Transitional services (to include discharge):
(1) Transitional
services shall include a warm handoff with a transition of care plan from
sending entity (correctional facility medical provider) to receiving entity.
This includes transition from county detention facility to state correctional
facility and vice versa.
(2)
Discharge planning shall include:
(a) linking
to MAT/MOUD and other SUD services in the program participant's geographic area
of residence;
(b) providing
behavioral and medical health referrals;
(c) ensuring discharge prescription for
naltrexone or buprenorphine products; and
(d) referring program participants who are
receiving treatment with methadone, to OTPs under medical order and in
compliance with current federal and state requirements and regulations to
ensure continuity of care and access to MAT/MOUD.
(3) Program participants who are receiving
MOUD during incarceration and who elect to discontinue MOUD upon their release
shall receive education on the risks of MOUD discontinuation and supervised
clinical taper from MOUD to avoid abrupt discontinuation of the
medication.
(4) Program
participants who are transitioning to a community or region that does not have
resources available to continue treatment may receive supervised clinical taper
from MOUD to avoid abrupt discontinuation of the medication.
G. Program participant safeguards: Correctional facilities shall assure that:
(1) treatment services, once initiated, are
available for the duration of a program participant's period of
incarceration;
(2) placement in the
medication-assisted treatment program shall be offered to all qualified
individuals, but participation shall not be mandatory;
(3) the program participant provides written
consent to receive treatment services or to discontinue treatment
services;
(4) no program
participant shall be charged fees for SUD treatment services;
(5) MAT/MOUD services shall not be denied to
any eligible program participant as a form of disciplinary action unless that
action is related to the diversion, abuse or misuse of the program's prescribed
medication; and
(6) program
participants are provided the option to discontinue treatment services, should
they choose to do so. (In such cases, discontinuation shall adhere to medically
appropriate tapering guidelines and educational practices.)
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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