1. 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 [health care authority department] shall administer the fund, and money in the fund is appropriated to the human services department [health care authority department] to assist all counties that operate correctional facilities to establish and operate medication-assisted treatment programs for people who are incarcerated in county correctional 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.
2. B. No later than December 1, 2023, the human services department [health care authority department] shall promulgate rules for the operation of medication-assisted treatment programs in correctional facilities in consultation with the corrections department, county corrections administrators and providers who specialize in substance use disorder treatment and have experience working in corrections settings.
3. C. Beginning October 1, 2023 and annually thereafter, the human services department [health care authority department] and the corrections 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 correctional facilities.

4. D. The corrections department shall:

   1. (1) expand and continue to operate currently existing medication-assisted treatment programs for people who are incarcerated in a state correctional facility;
   2. (2) by December 31, 2025, establish and operate a medication-assisted treatment program to continue medication-assisted treatment for incarcerated people with a prescription who are booked into a state correctional facility; and
   3. (3) by the end of fiscal year 2026, offer medication-assisted treatment to all people who are incarcerated in state correctional facilities and in need of medication-assisted treatment.

5. E. As used in this section:

   1. (1) "correctional facility" means a prison or other detention facility, whether operated by a government or private contractor, that is used for confinement of adult persons who are charged with or convicted of a violation of a law or an ordinance; and
   2. (2) "medication-assisted treatment" means the use of federal food and drug administration-approved prescription drugs for the treatment of substance use disorder.

History: Laws 2023, ch. 49, § 1.

ANNOTATIONS

Effective dates. — Laws 2023, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.

Health care authority did not exceed its authority in promulgating rule requiring all correctional facilities to implement medication assisted treatment programs. — This section requires the New Mexico health care authority to promulgate rules for the operation of medication-assisted treatment programs in correctional facilities in consultation with the corrections department, county correction administrators and providers who specialize in substance use disorder (SUD) treatment, and therefore the health care authority did not exceed the grant of authority in promulgating 8.325.12 NMAC, which requires all correctional facilities to implement medication-assisted treatment programs, including administering SUD screening during intake, providing comprehensive assessments and diagnostic evaluations for SUD, the provision of all medications approved by the FDA for the treatment of SUD and withdrawal management, and ensuring treatment services are available for the duration of a program participant's period of incarceration. 2025 Op. Att'y Gen. No. 25-08.

Health care authority rule promulgated pursuant to this section violates the New Mexico Constitution as an unfunded mandate as applied to counties. — Where the New Mexico health care authority promulgated 8.325.12 NMAC, in compliance with this section, requiring all correctional facilities to implement medication-assisted treatment programs, including administering substance use disorder (SUD) screening during intake, providing comprehensive assessments and diagnostic evaluations for SUD, the provision of all medications approved by the FDA for the treatment of SUD and withdrawal management, and ensuring treatment services are available for the duration of a program participant's period of incarceration, but where the New Mexico legislature failed to appropriate funds for county-run medication assisted treatment programs, the mandate may be characterized as an unfunded mandate in violation of Article X, Section 8 of the New Mexico Constitution, because an unfunded mandate occurs when a rule-making authority requires a county or city to provide new or expanded services without corresponding funding. 2025 Op. Att'y Gen. No. 25-08.