((a)) ** Development and implementation of procedures** The Memorandum of Agreement entered into pursuant to shall include a specific provision for the development and implementation at each Bureau of Indian Affair  agency and Indian Health Service  unit of a procedure for the emergency medical assessment and treatment of every Indian youth arrested or detained by Bureau of Indian Affairs or tribal law enforcement personnel for an offense relating to or involving alcohol or substance abuse. The medical assessment required by this subsection—

((1)) shall be conducted to determine the mental or physical state of the individual assessed so that appropriate steps can be taken to protect the individual’s health and well-being,

((2)) shall occur as soon as possible after the arrest or detention of an Indian youth, and

((3)) shall be provided by the Indian Health Service, either through its direct or contract health service.

((b)) ** Treatment of certain committed youth** The Indian Health Service shall not refuse to provide necessary interim treatment for any Indian youth referred pursuant to subsection (a) who has been charged or is being prosecuted for any crime unless such referral is prohibited by a court of competent jurisdiction or the youth is determined by a court of competent jurisdiction to be a danger to others.