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Open Access. Powered by Scholars. Published by Universities.®

2020

American Bar Association

Lincoln Memorial University

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Full-Text Articles in Law

Resolving The Overlooked Tragedy In Correctional Facilities: Medication Assisted Treatment Access For Inmates, Shianne M. Bowlin Nov 2020

Resolving The Overlooked Tragedy In Correctional Facilities: Medication Assisted Treatment Access For Inmates, Shianne M. Bowlin

Lincoln Memorial University Law Review Archive

Despite the protections laid out in the Eighth Amendment, Americans with Disabilities Act (ADA), and American Bar Association (ABA) Standards, individuals with opioid use disorder (OUD) who require medication assisted treatment (MAT) while incarcerated continue to be stripped of their right to proper medical treatment. While there is existing scholarship on whether access to MAT violates the Eighth Amendment, this scholarship is relying on one court case that relies on misinterpretation of the Food and Drug Administration regulations. There is scant scholarship addressing access to medication assisted treatment in correctional facilities under the ADA. This article demonstrates the clear discriminatory …