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Table 1 Laws prohibiting MOUD bans

From: A national survey of state laws regarding medications for opioid use disorder in problem-solving courts

State

Effective Years

Type of action prohibited

Applicability

Relevant legal text (citation)

CA

2018-2019

Cannot exclude from program because of MOUD use

Pretrial or pre-guilty plea diversion program

[T]he use by a participant of medications to treat substance use disorders shall not be the sole reason for exclusion from a pretrial diversion or preguilty plea program (§ 1000.6)

(Cal. Penal Code § 1000.6 (West))

2018-2019

Cannot consider MOUD a violation of program rules

Pretrial or pre-guilty plea diversion program

Urinalysis results that only establish that a person described in this section has ingested medication duly prescribed to that person by his or her physician or psychiatrist, or medications used to treat substance use disorders, shall not be considered a violation of the terms of the pretrial diversion or preguilty plea program under this chapter

(Cal. Penal Code § 1000.6 (West))

2018-2019

Cannot prohibit MOUD; cannot restrict type of MOUD (implied)

Pretrial or pre-guilty plea diversion program

A person who is participating in a pretrial diversion program or a preguilty plea program pursuant to this chapter is authorized under the direction of a licensed health care practitioner, to use medications including, but not limited to, methadone, buprenorphine, or levoalphacetylmethadol (LAAM) to treat substance use disorders if the participant allows release of his or her medical records to the court presiding over the participant's preguilty plea or pretrial diversion program for the limited purpose of determining whether or not the participant is using such medications under the direction of a licensed health care practitioner and is in compliance with the pretrial diversion or preguilty plea program rules.

(Cal. Penal Code § 1000.6 (West))

DC

2005-2006

Cannot require reducing or stopping MOUD for successful program completion; cannot restrict type of MOUD (implied)

Pre or post trial diversion program

Successful completion of treatment shall not require the reduction or cessation of narcotic replacement therapies, including methadone maintenance treatment.

(D.C. Code Ann. § 24-751.10 (West 2003)

IL

2017-2019

Cannot consider MOUD a violation of program rules

Criminal drug court

A defendant who is assigned to a substance abuse treatment program under this Act for opioid abuse or dependence is not in violation of the terms or conditions of the program on the basis of his or her participation in medication assisted treatment under the care of a physician licensed in this State to practice medicine in all of its branches.

(730 Ill. Comp. Stat. Ann. 166/35 (West))

Cannot prohibit MOUD use; cannot require reducing or stopping MOUD for successful program completion

Criminal drug court

If the defendant needs treatment for opioid abuse or dependence, the court may not prohibit the defendant from participating in and receiving medication assisted treatment under the care of a physician licensed in this State to practice medicine in all of its branches. Drug court participants may not be required to refrain from using medication assisted treatment as a term or condition of successful completion of the drug court program.

(730 Ill. Comp. Stat. Ann. 166/25 (West))

MO

2018-2019

Cannot prohibit using MOUD; Cannot require reducing or stopping MOUD for successful program completion; Cannot consider MOUD a violation of program rules

Family court

If a family court participant requires treatment for opioid or other substance misuse or dependence, a family court shall not prohibit such participant from participating in and receiving medication-assisted treatment under the care of a physician licensed in this state to practice medicine. A family court participant shall not be required to refrain from using medication-assisted treatment as a term or condition of successful completion of the family court program.

3. A family court participant assigned to a treatment program for opioid or other substance misuse or dependence shall not be in violation of the terms or conditions of the family court on the basis of his or her participation in medication-assisted treatment under the care of a physician licensed in this state to practice medicine.

(Mo. Ann. Stat. § 487.200 (West))

2019

Cannot prohibit using MOUD; Cannot require reducing or stopping MOUD for successful program completion; Cannot consider MOUD a violation of program rules

Treatment courts

If a treatment court participant requires treatment for opioid or other substance misuse or dependence, a treatment court shall not prohibit such participant from participating in and receiving medication-assisted treatment under the care of a physician licensed in this state to practice medicine. A treatment court participant shall not be required to refrain from using medication-assisted treatment as a term or condition of successful completion of the treatment court program.

5. A treatment court participant assigned to a treatment program for opioid or other substance misuse or dependence shall not be in violation of the terms or conditions of the treatment court on the basis of his or her participation in medication-assisted treatment under the care of a physician licensed in this state to practice medicine. (Mo. Ann. Stat. § 478.004 (West))

2019

Cannot restrict type of MOUD, dose, or duration

Drug courts and other diversion programs

The court or other diversion program …. shall not impose any limitations on the type of medication or other treatment prescribed or the dose or duration of MAT recommended by the physician. (Mo. Ann. Stat. § 191.1165 (West))

NJ

2015-2019

Cannot require reducing or stopping MOUD for successful program completion; Cannot consider MOUD a violation of program rules; cannot restrict type of MOUD

Special probation (i.e., diversion programs)

In the case of the temporary or continued management of a person's drug or alcohol dependency by means of medication-assisted treatment as defined herein, whenever supported by a report from the treatment provider of existing satisfactory progress and reasonably predictable long-term success with or without further medication-assisted treatment, the person's use of the medication-assisted treatment, even if continuing, shall not be the basis to constitute a failure to complete successfully the treatment program.

2C:35-14(e) If the person is involved with a program that is providing the person medication-assisted treatment as defined in paragraph (7) of subsection f. of this section, only a positive urine test for drug or alcohol use unrelated to the medication-assisted treatment shall constitute a violation of the terms and conditions of special probation. (2C:35-14(f)(7))

As used in this section, the term “medication-assisted treatment” means the use of any medications approved by the federal Food and Drug Administration to treat substance use disorders, including extended-release naltrexone, methadone, and buprenorphine, in combination with counseling and behavioral therapies, to provide a whole-patient approach to the treatment of substance use disorders. (2C:35-14(f)(7))

2015 -> (N.J. Stat. Ann. 2C:35-14 (West 2015))

2016-19 -> (N.J. Stat. Ann. 2C:35-14 (West))

NY

2019

Cannot consider MOUD a violation of program rules

Diversion program

Under no circumstances shall a defendant who requires treatment for opioid abuse or dependence be deemed to have violated a release condition on the basis of his or her participation in medically prescribed drug treatments under the care of a health care professional licensed or certified under title eight of the education law, acting within his or her lawful scope of practice (§ 216.05)

(N.Y. Crim. Proc. Law § 216.05 (McKinney))

 

2019

Cannot restrict type of MOUD (implied)

Diversion program

No court shall require the use of any specified type or brand of drug during the course of medically prescribed drug treatments. (§ 216.05)

(N.Y. Crim. Proc. Law § 216.05 (McKinney))

WA

2019

Cannot prohibit MOUD; cannot restrict type of MOUD

Treatment courts in regions that use certain types of funding

If a region or county uses criminal justice treatment account funds to support a therapeutic court, the therapeutic court must allow the use of all medications approved by the federal food and drug administration for the treatment of opioid use disorder as deemed medically appropriate for a participant by a medical professional.

(Wash. Rev. Code Ann. § 71.24.580 (West 2019))