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A03565 Summary:

BILL NOA03565B
 
SAME ASSAME AS S01856-A
 
SPONSORSantabarbara
 
COSPNSRColton, Steck, O'Pharrow, Hevesi, Davila
 
MLTSPNSR
 
Amd §505, Cor L
 
Prohibits county correction officers from dispensing medications to incarcerated individuals on the premises of a local correctional facility; provides that corrections officers or staff may dispense or administer medications during a medical emergency.
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A03565 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3565B
 
SPONSOR: Santabarbara
  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 OR GENERAL IDEA OF BILL: To prohibit county correction officers from dispensing or administering medication to incarcerated individuals.   SUMMARY OF PROVISIONS: Section 1 of this bill adds a new subdivision 6 to section 505 of the Correction Law 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 of this bill is the effective date as immediately.   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 co unty 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.   PRIOR LEGISLATIVE HISTORY: None.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately
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A03565 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3565--B
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 28, 2025
                                       ___________
 
        Introduced  by  M. of A. SANTABARBARA, COLTON, STECK, O'PHARROW, HEVESI,
          DAVILA -- read once and referred to the  Committee  on  Correction  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- again reported  from  said  committee
          with  amendments, ordered reprinted as amended and recommitted to said
          committee
 
        AN ACT to amend the correction law, in relation  to  prohibiting  county
          correction  officers from dispensing medications to incarcerated indi-
          viduals on the premises of a local correctional facility
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  505 of the correction law is amended by adding a
     2  new subdivision 6 to read as follows:
     3    6. County correction officers in local correctional  facilities  shall
     4  not  dispense  or  administer medications to incarcerated individuals on
     5  the premises of a local correctional facility, as defined in subdivision
     6  sixteen of section two of this  chapter.  This  subdivision  shall  not,
     7  however,  impede  county correction officers or staff from dispensing or
     8  administering medications to incarcerated individuals during  a  medical
     9  emergency.
    10    § 2. This act shall take effect on the one hundred eightieth day after
    11  it shall have become a law.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05102-05-5
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