S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9646--A
 
                           I N  A S S E M B L Y
 
                              March 28, 2022
                                ___________
 
 Introduced  by  M.  of A. FORREST, NIOU -- read once and referred to the
   Committee on Correction -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the correction law, in relation to requiring gynecologi-
   cal services to be offered to certain incarcerated individuals

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The correction law is amended by adding a new section 140-a
 to read as follows:
   § 140-A. PROVISION FOR ACCESS TO GYNECOLOGICAL SERVICES. 1. ALL PEOPLE
 WITH  CERVIXES  CONFINED TO A STATE OR LOCAL CORRECTIONAL FACILITY SHALL
 BE PROVIDED ANNUAL ACCESS TO GYNECOLOGICAL SERVICES AND  VISITS  WITH  A
 LICENSED  GYNECOLOGIST,  AT  NO  COST. SUCH SERVICES AND VISITS SHALL BE
 PROVIDED IN ACCORDANCE WITH STANDARDS DEVELOPED IN CONSULTATION WITH THE
 DEPARTMENT OF HEALTH AND THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNE-
 COLOGISTS.
   2. ANY PERSON WITH A CERVIX CONFINED TO A STATE OR LOCAL  CORRECTIONAL
 FACILITY  WHO WISHES TO DECLINE THE PROVISION OF SUCH SERVICES SET FORTH
 IN SUBDIVISION ONE OF THIS SECTION SHALL DO SO IN WRITING.  EACH CORREC-
 TIONAL FACILITY SHALL FURNISH A REPORT TO THE COMMISSIONER EACH  JANUARY
 STATING THE PERCENTAGE OF ELIGIBLE CONFINED PERSONS WHO RECEIVED GYNECO-
 LOGICAL  SERVICES,  THE  PERCENTAGE WHO DECLINED SERVICES, AND COPIES OF
 ALL WRITTEN DOCUMENTS EVIDENCING DECLINED SERVICES.
   § 2. Subdivision 2 of section 140 of the correction law, as  added  by
 chapter 516 of the laws of 1995, is amended to read as follows:
   2.  Subject  to  the  regulations of the department of health, routine
 medical, dental and mental health services and treatment is defined  for
 the purposes of this section to mean any routine diagnosis or treatment,
 including without limitation THE PROVISION OF GYNECOLOGICAL SERVICES FOR
 INCARCERATED  INDIVIDUALS  WITH  CERVIXES, the administration of medica-
 tions or nutrition, the extraction of bodily fluids  for  analysis,  and
 dental  care  performed  with  a local anesthetic. Routine mental health
 treatment shall not include  psychiatric  administration  of  medication
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14526-04-2
              

 A. 9646--A                          2
 
 unless  it  is  part  of  an  ongoing mental health plan or unless it is
 otherwise authorized by law.
   §  3.  Subdivision 2 of section 505 of the correction law, as added by
 chapter 437 of the laws of 2013, is amended to read as follows:
   2. Subject to the regulations of the  department  of  health,  routine
 medical,  dental and mental health services and treatment is defined for
 the purposes of this section to mean any routine diagnosis or treatment,
 including without limitation THE PROVISION OF GYNECOLOGICAL SERVICES FOR
 INCARCERATED INDIVIDUALS WITH CERVIXES, the  administration  of  medica-
 tions  or  nutrition,  the extraction of bodily fluids for analysis, and
 dental care performed with a local  anesthetic.  Routine  mental  health
 treatment  shall  not  include  psychiatric administration of medication
 unless it is part of an ongoing mental  health  plan  or  unless  it  is
 otherwise authorized by law.
   § 4. This act shall take effect immediately.