Colorado § 17-26-104.9 - Opioid treatment for a person in custody - definitions.

§ 17-26-104.9. Opioid treatment for a person in custody - definitions.

(1) Repealed.

(1.5) By July 1, 2023, a facility, whether operated by a governmental entity or private contractor, shall provide medication-assisted treatment, and other appropriate withdrawal management care to a person with a substance use disorder through the duration of the person's incarceration, as medically necessary. At a minimum:

(a) The facility shall perform a nonmedical evaluation, consistent with guidelines developed by the behavioral health administration, of the person upon entry into custody at the facility for recent substance use.

(b) The facility shall offer medication approved by the federal food and drug administration that is approved to treat opiate use disorder, which must include agonists, partial agonists, and antagonists, to a person in custody with an opiate use disorder. The person, in collaboration with the treating provider, must be given a choice concerning what medication is prescribed, and the facility must provide the medication requested. A person may request to change their medication at any time while in custody.

(c) If the person indicates that the person has a substance use disorder, or the nonmedical evaluation performed pursuant to subsection (1.5)(a) indicates that the person may have recently used a substance, the facility shall refer the person to the facility's medical provider for an evaluation and subsequent diagnosis, prescription, or induction of medication-assisted treatment.

(d) If the person indicates that the person was taking medication that is approved by the federal food and drug administration prior to entry into custody at the facility to treat a substance use disorder, the facility shall provide the same medication to the person while the person is in custody.

(2) Qualified medication administration personnel may, in accordance with a written physician's order, administer opioid agonists and opioid antagonists pursuant to subsection (1) and (1.5) of this section.

(3) A facility may contract with community-based health providers, local providers, or state mobile medication-assisted treatment unit providers for the implementation of this section.

(4) As used in this section, unless the context otherwise requires:

(a) "Facility" means:

(I) A local jail, as defined in section 17-1-102 (7);

(II) A multijurisdictional jail, as described in section 17-26.5-101; and

(III) A municipal jail, as authorized in section 31-15-401 (1)(j).

(b) "Opioid agonist" means a full or partial agonist that is approved by the federal food and drug administration for the treatment of an opioid use disorder.

(c) "Opioid antagonist" means naltrexone or any similarly acting drug that is not a controlled substance and that is approved by the federal food and drug administration for the treatment of an opioid use disorder.

(5) Counties are encouraged to use county funding available from a settlement or damage award from opiate-related litigation to support jails in complying with the requirements of this section.

Source: L. 2020: Entire section added, (HB 20-1017), ch. 288, p. 1423, § 2, effective September 14. L. 2022: (1), (2), and (3) amended and (1.5) and (5) added, (HB 22-1326), ch. 225, p. 1667, § 45, effective July 1.

Editor's note: (1) Subsection (5) was numbered as (4) in HB 22-1326 but was renumbered on revision for ease of location.

(2) Subsection (1)(b) provided for the repeal of subsection (1), effective July 1, 2023. (See L. 2022, p. 1667.)

Cross references: For the legislative declaration in HB 22-1326 stating the purpose of, and the provision directing legislative staff agencies to conduct, a post-enactment review pursuant to § 2-2-1201 scheduled in 2025, see sections 1 and 55 of chapter 225, Session Laws of Colorado 2022. To obtain a copy of the review, once completed, go to "Legislative Resources and Requirements" on the Colorado General Assembly's website.