SENATE BILL 426

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Steve Komadina

AN ACT

RELATING TO HEALTH CARE; PROVIDING FOR TREATMENT; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. OPIATE REPLACEMENT TREATMENT--CORRECTIONAL FACILITIES.--

          A. The corrections department shall establish an opiate replacement treatment program.

          B. The opiate replacement treatment program shall provide opiate replacement treatment in New Mexico correctional facilities operated by the corrections department and publicly or privately operated correctional facilities that house inmates lawfully committed to the corrections department.

          C. Participation in the opiate replacement treatment program shall be offered on a voluntary basis to inmates lawfully committed in a New Mexico correctional facility. The corrections department shall coordinate with the department of health to establish the criteria for assessment and enrollment of an inmate in the opiate replacement treatment program.

          D. Currently accepted treatment practices, including methadone and buprenorphine treatment, shall be used in the opiate replacement treatment program.

     Section 2. METHADONE CLINICS--REGULATION BY THE DEPARTMENT OF HEALTH.--

          A. In compliance with federal requirements, the department of health shall regulate the establishment and continuance of methadone clinics in the state.

          B. In regulating methadone clinics, the department of health shall perform an assessment of the need for clinics and develop clinical and administrative standards as required by federal law. The department may consider other factors it deems necessary to ensure the provision of drug abuse treatment services and the protection of the health and safety of state residents.

          C. For the purposes of this section, "methadone clinic" means a public or private facility that dispenses methadone for the detoxification or maintenance treatment of narcotic addicts.

     Section 3. APPROPRIATION.--Two hundred fifty thousand dollars ($250,000) is appropriated from the general fund to the corrections department for expenditure in fiscal year 2006 for an opiate replacement treatment program. Any unexpended or unencumbered balance remaining at the end of fiscal year 2006 shall revert to the general fund.

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