Cal. Code Regs. tit. 15 § 3999.22

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 3999.22 - Medication Assisted Treatment for Substance Abuse Disorders Pilot Program

Memorandum

Date: March 13, 2017

To:	Executive Leadership
	Deputy Directors
	California Correctional Health Care Services
	Executive Leadership
	Division of Health Care Services
	Louie Escobell, Chief Executive Officer
	Muhammad Farooq, M.D., MBA, MPH, Chief Medical Executive
	Alex Serrano, RN, Chief Nurse Executive
	Victor Jordan, Ph.D., Chief of Mental Health
	California Institution for Men
	James Elliot, MA, CCHP, Chief Executive Officer
	Leslie Taylor, M.D., Chief Medical Executive
	Nyreith Adeyemi, MBA, BSN, RN, PHN, Chief Nurse Executive
	Michael Hewitt, Psy.D, Chief of Mental Health
	California Institution for Women
From:	Diana L. Toche, D.D.S., Undersecretary
	Health Care Services
	California Department of Corrections and Rehabilitation
	Richard Kirkland
	Chief Deputy Receiver
Subject:	Medication Assisted Treatment for Substance Abuse Disorders Pilot Program

This memorandum constitutes certification, pursuant to Penal Code (PC) section 5058.1, subdivision (b)(2), for California Correctional Health Care Services (CCHCS) and the California Department of Corrections and Rehabilitation (CDCR) to proceed with a Medication Assisted Treatment for Substance Abuse Disorders Pilot Program (Pilot). Senate Bill (SB) 843 was enacted with the adoption of Chapter 33, Statutes of 2016 which adds PC section 2694.5 and requires the CDCR to establish a Pilot program at one or more institutions that will provide a medication assisted treatment model for inmates with a history of substance abuse problems. SB 826, Chapter 23, Statutes of 2016 appropriated $2,500,000 in funding to be used to develop the Pilot.

PILOT PROJECT LOCATIONS

The Pilot will be conducted at California Institution for Men and California Institution for Women.

PILOT PROJECT DURATION

The Pilot will be in effect for three years and will expire by operation of law at the end of this period unless it is promulgated through the Administrative Procedure Act prior to expiration.

PILOT OVERVIEW

The Pilot shall offer a continuum of evidence-based care that is designed to meet the needs of the individuals being served and that is appropriate for a correctional setting. In establishing the Pilot, pursuant to SB 843, CDCR is required to consider the following:

1.Access to services during a patient's enrollment in the pilot program;

2.Access to subacute detoxification and medical detoxification, as necessary;

3.Comprehensive pre-treatment and post-treatment assessments;

4.Ongoing evaluation of a patient's program needs and progress at least every 90 days, and appropriate adjustment of treatment based on that evaluation;

5.Services provided by professionals for whom substance use disorder treatment is within the scope of their practice;

6.Referrals for medication assisted care and prescription of medication assisted treatment;

7.Provision of behavioral health services, including the capacity to treat co-occurring mental illness;

8.Access to medication assisted treatment throughout the period of incarceration up to and including immediately prior to release; and

9.Linkages to community-based treatment upon parole.

FISCAL IMPACT

SB 826 appropriated $2,500,000 in funding to be used to develop the Pilot. The funding is available for encumbrance or expenditure until June 30, 2019.

REPORTING REQUIREMENTS

SB 843 requires CDCR to report to the fiscal and appropriate policy committees of the Legislature by March 1, 2017, and each March thereafter during the tenure of the Pilot. The report shall include the following elements:

1.The planned patient capacity of the program;

2.The number of patients enrolled in the program;

3.The number of patients who leave the treatment program against medical advice and the number of patients who are discharged from the program prior to achieving their treatment goals;

4.The percentage of patients with negative urine toxicology screens for illicit substances during treatment and post-treatment while incarcerated; and

5.The number of patients who are successfully linked to post-release treatment.

CERTIFICATION

We certify that this Pilot qualifies for exemption under Penal Code sections 5058.1 and 2694.5.

cc: Angela Ponciano, Associate Director, Mental Health Program, CDCR

Michael Golding, M.D., Statewide Chief Psychiatrist, Mental Health Program, CDCR

Thomas Gilevich, Assistant Chief Counsel, Office of Legal Affairs, CDCR

Tim Lockwood, Chief, Regulation and Policy Management Branch, CDCR

Jasinda Muhammad, Assistant Deputy Director, Human Resources, CCHCS

Duane Reeder, Associate Director, Fiscal Services, CCHCS

Lara Saich, Chief, Risk Management Branch, CCHCS

Cal. Code Regs. Tit. 15, § 3999.22

1. New section filed 4-3-2017; operative 4-3-2017 pursuant to Penal Code section 5058.1(c). Submitted to OAL for filing with the Secretary of State and printing only pursuant to Penal Code section 5058.1(b) (Register 2017, No. 14). Section shall lapse by operation of law on 4-3-2020 pursuant to Penal Code section 2694.5(a) unless formally adopted as a regulation pursuant to Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

1. New section filed 4-3-2017; operative 4/3/2017 pursuant to Penal Code section 5058.1(c). Submitted to OAL for filing with the Secretary of State and printing only pursuant to Penal Code section 5058.1(b) (Register 2017, No. 14). Section shall lapse by operation of law on 4-3-2020 pursuant to Penal Code section 2694.5(a) unless formally adopted as a regulation pursuant to Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.