Nevada § 209.4247 - Establishment of program; eligibility to participate in program; participants not subject to discipline on certain bases

§ 209.4247. Establishment of program; eligibility to participate in program; participants not subject to discipline on certain bases

1. To the extent that money is available, the Director shall, with the approval of

the Board, establish a program of treatment for offenders with a substance use disorder

using medication-assisted treatment. 2. The program established pursuant to subsection 1 must: (a) Provide each eligible offender who participates in the program with appropriate

medication-assisted treatment for the period in which the offender is incarcerated;

and (b) Require that all decisions regarding the type, dosage or duration of any medication

administered to an eligible offender as part of his or her medication-assisted treatment

be made by a treating physician and the eligible offender. 3. Except as otherwise provided in this section, any offender who the Director has

determined has a substance use disorder for which a medication-assisted treatment

exists and who meets any reasonable conditions imposed by the Director pursuant to

subsection 4 is eligible to participate in the program established pursuant to subsection

1 and must be offered the opportunity to participate. If an offender received medication-assisted treatment immediately preceding his

or her incarceration, the offender is eligible to continue that medication-assisted

treatment as a participant in the program. Participation in the program must be voluntary. 4. Except as otherwise provided in this subsection, the Director may impose reasonable

conditions for an offender to be eligible to participate in the program established

pursuant to subsection 1 and to continue his or her participation in the program. The Director shall not deny an offender the ability to participate in the program

or terminate the participation of an offender in the program on the basis that: (a) The results of a screening test administered to the offender upon the commencement

of his or her incarceration or upon the commencement of his or her participation in

the program indicated the presence of a controlled substance; or (b) The offender committed an infraction of the rules of the institution or facility

before or during the participation of the offender in the program. 5. An offender who participates in the program established pursuant to subsection

1 is not subject to discipline on the basis that the results of a screening test administered

to the offender during his or her participation in the program indicated the presence

of a controlled substance. 6. As used in this section: (a) “ Medication-assisted treatment ” means treatment for a substance use disorder using medication approved by the United

States Food and Drug Administration for that purpose. (b) “ Substance use disorder ” means a cluster of cognitive, behavioral and psychological symptoms indicating that

a person continues using a substance despite significant substance-related problems.