Table 2 Laws for facilitating MOUD access

IN

2015-2019

Permits courts to require MOUD

Problem-solving courts

A problem solving court may require an individual participating in a problem solving court to receive…medication assisted treatment, including a federal Food and Drug Administration approved long acting, nonaddictive medication for the treatment of opioid or alcohol dependence.

(Ind. Code. Ann. § 33-23-16-24.5 (West))

MS

2019

Requires courts to assess for appropriateness of MOUD; Permits courts to refer participants to providers of “court-approved” MOUD

Criminal treatment courts

The court shall order the person to undergo an assessment that uses a standardized evidence-based instrument performed by a physician to determine whether the person has a diagnosis for alcohol and/or drug dependence and would likely benefit from a court-approved medication-assisted treatment indicated and approved for the treatment of alcohol and/or drug dependence by the United States Food and Drug Administration, as specified in the most recent Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. Upon considering the results of the assessment, the court may refer the person to a rehabilitative program that offers one or more forms of court-approved medications that are approved for the treatment of alcohol and/or drug dependence by the United States Food and Drug Administration

(Miss. Code Ann. (§ 9-23-13 (West))

MS

2019

Requires making “court-approved” MOUD available in conformance with National Drug Court Institute guidelines

Treatment courts

All intervention courts shall make available the option for participants to use court-approved medication-assisted treatment while participating in the programs of the court in accordance with the recommendations of the National Drug Court Institute.

(Miss. Code Ann. § 9-23-13 (West))

MO

2019

Requires completion of an SUD assessment by a physician; Requires making MOUD available

Drug courts or other diversion programs

Drug courts or other diversion programs that provide for alternatives to jail or prison for persons with a substance use disorder shall be required to ensure all persons under their care are assessed for substance use disorders using standard diagnostic criteria by a licensed physician who actively treats patients with substance use disorders. The court or other diversion program shall make available the MAT services covered under this section, consistent with a treatment plan developed by the physician.

(RSMo § 191.1165 (West 2019))

NJ

2015-2019

Court may require a participant to use MOUD

Diversion program

As a condition of special probation, the court shall order the person to enter a residential treatment program at a facility licensed and approved by the Department of Human Services or a program of nonresidential treatment by a licensed and approved treatment provider, which program may include the use of medication-assisted treatment as defined in paragraph (7) of subsection f. (2C:35-14)

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

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