BILL NUMBER: S1856

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the correction law, in relation to prohibiting county
correction officers from dispensing medications to incarcerated individ-
uals on the premises of a local correctional facility

 
PURPOSE:

To prohibit county correction officers from dispensing or administering
medication to incarcerated individuals.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 505 of the Correction Law by adding a new
subdivision 6, as it relates to the provision of routine medical,
dental, and mental health services and treatment, prohibiting correction
officers in local correctional facilities from dispensing or administer-
ing medication to incarcerated individuals on the premises of a local
correctional facility except in circumstances where an individual needs
              

emergency treatment for an opioid overdose.

Section 2 provides an effective date

 
JUSTIFICATION:

The current system of medication distribution within New York state's
county-run correctional facilities demands a significant reevaluation
for incarcerated individuals' care and safety. Presently, in nine of the
sixty-two counties throughout the state, correctional officers find
themselves in the unexpected role of dispensing and administering medi-
cations to those in their charge. This includes not only the simple act
of handing out various medications but also overseeing self-injections,
such as those required for insulin treatment, all without any medical
professional supervision or training in medication administration. This
practice is in direct contradiction to the professional code of Correc-
tional Officers, who should primarily focus on facility security.

To rectify this situation, it is imperative to shift the responsibility
of medication distribution to trained medical professionals. Doing so
would ensure that incarcerated individuals receive the healthcare they
deserve from those equipped to provide it, especially in cases involving
injections. Medical professionals possess the necessary expertise to
address health-related inquiries and manage potential crises effec-
tively. Therefore, the proposed bill seeks to prohibit county correc-
tional officers from dispensing medication to incarcerated individuals,
emphasizing the vital need for their care to be overseen by medical
experts. This change is essential to guarantee the safety and well-being
of those in custody, aligning with the principle that incarcerated indi-
viduals should receive healthcare from qualified professionals.   
LEGIS-
LATIVE HISTORY:

2023-2024: S7719 Rivera / A9703 Santabarbara

 
FISCAL IMPLICATIONS:

None noted.
 
EFFECTIVE DATE:
Effective immediately.