ADA Says “NO” to “No-MAT” Jails
Jill has been in recovery for 2 years from a painkiller addiction. She routinely sees an addiction specialist, undergoes random urine drug screens, and takes Suboxone twice a day. Jill was recently in a fight with her boyfriend and was arrested. She has been brought to your jail. What should be done regarding her addiction medication?
Do not deny care
The Americans with Disabilities Act (ADA) protects people in recovery from opioid use disorders (OUD) who are not engaging in illegal drug use, including those who are taking medication prescribed by their doctor to treat their OUD.
If Jill is deemed by the jail medical provider to have a clinical need and was taking her medication compliantly, she has a legal right to be afforded access to her addiction medication. She cannot be denied care simply because the jail was previously a “no-MAT facility.” According to legal precedent and the ADA, jails are responsible for administering medications prescribed to treat substance use disorders.¹
Healthcare of any sort can pose a security challenge. The jail must find a way to administer and monitor the delivery of these medications while maintaining safety and security. Do not deny care.
Provide access to MAT
Medication-assisted treatment (MAT) is the use of medications in combination with counseling and behavioral therapies, which is effective in the treatment of OUD and can help some people to sustain recovery.²
Not every person in recovery is a candidate for MAT and a clinical evaluation is needed before moving forward with treatment.
Opioid addiction is recognized as a serious health need. Services include humane detoxification procedures and continuity of care. Without care, patients could face life-threatening health complications and even suicide. They are also exposed to the potential of relapse, overdose, and death upon release. Criminal recidivism is also more likely. The personal and societal impact is significant. Provide access to MAT.
Consult before medicating
A clinical evaluation needs to be conducted before providing addiction medication to a patient. A licensed jail medical provider must determine a patient’s eligibility for MAT before administering medication. MAT medications can be harmful if not administered appropriately. Protocols for screening and drug testing should be put in place before a patient receives MAT services. Ultimately, it is up to the individual to decide if they want to take medication for OUD. Policies cannot dictate patient decisions. Consult before medicating.
Click HERE for a MAT implementation toolkit.
For more information, please contact training@sparktraining.us.
ADA National Network (2021). The Americans with Disabilities Act, Addiction and Recovery for State and Local Governments. New England ADA Center, Pacific ADA Center. https://adata.org/factsheet/ada-addiction-and-recovery-and-government.
Food and Drug Administration (2023). Information About Medication-Assisted Treatment (MAT). FDA. https://www.fda.gov/drugs/information-drug-class/information-about-medication-assisted-treatment-mat#:~:text=Medication-assisted%20treatment%20(MAT)%20is%20the%20use%20of%20medications,some%20people%20to%20sustain%20recovery.
Disclaimer
All materials have been prepared for general information purposes only. The information presented should be treated as guidelines, not rules. The information presented is not intended to establish a standard of medical care and is not a substitute for common sense. The information presented is not legal advice, is not to be acted on as such, may not be current, and is subject to change without notice. Each situation should be addressed on a case-by-case basis. WHEN IN DOUBT, SEND THEM OUT. ®