S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    227
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A.  L. ROSENTHAL, LUPARDO, DICKENS, JEAN-PIERRE,
   SIMON,  SEAWRIGHT,  COOK,  HYNDMAN,  WALKER,  AUBRY,  COLTON,  LAVINE,
   WEPRIN,   TAYLOR,   STIRPE,   JACOBSON,   EPSTEIN,  BURDICK,  JACKSON,
   BICHOTTE HERMELYN,  KELLES,  FAHY,  GONZALEZ-ROJAS,  LUNSFORD,  REYES,
   GIBBS, JENSEN -- read once and referred to the Committee on Correction
 
 AN  ACT  to amend the public health law, in relation to establishing the
   women's health  education  program  for  correctional  facilities  and
   rights  of  pregnant  incarcerated  individuals;  to  amend the public
   health law, in relation to requiring certain testing to be offered; to
   amend the correction law, in relation to providing pregnant  incarcer-
   ated  individuals  with  access to prenatal vitamins and a specialized
   diet; and to require the department  of  health  to  collect  data  on
   women's health care in prisons and publish a report
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 207-b to read as follows:
   §  207-B.  WOMEN'S HEALTH EDUCATION PROGRAM IN STATE AND LOCAL CORREC-
 TIONAL FACILITIES. THE COMMISSIONER, IN CONSULTATION  WITH  THE  COMMIS-
 SIONER  OF  CORRECTIONS  AND  COMMUNITY SUPERVISION AND THE CHAIR OF THE
 STATE COMMISSION OF CORRECTION, SHALL ESTABLISH A WOMEN'S HEALTH  EDUCA-
 TION  PROGRAM  IN  STATE AND LOCAL CORRECTIONAL FACILITIES. SUCH PROGRAM
 SHALL EDUCATE FACILITY MEDICAL STAFF ON THE  SPECIAL  MEDICAL  NEEDS  OF
 WOMEN,  INCLUDING  TRAINING  ON  PROVIDING  PROFESSIONAL, RESPECTFUL AND
 INFORMED CARE OF WOMEN WHO HAVE BEEN VICTIMS  OF  DOMESTIC  VIOLENCE  OR
 SEXUAL VIOLENCE.
   §  2.  Subdivision  1  of  section 2308-a of the public health law, as
 amended by section 38 of part E of chapter 56 of the laws  of  2013,  is
 amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00020-01-3
              

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   1. The administrative officer or other person in charge of a clinic or
 other  facility providing gynecological, obstetrical, genito-urological,
 contraceptive, sterilization or termination  of  pregnancy  services  or
 treatment shall require the staff of such clinic or facility to offer to
 administer  to  every  resident  of the state of New York coming to such
 clinic or facility for such services or treatment, appropriate  examina-
 tions  or  tests for the detection of sexually transmitted diseases. FOR
 THE PURPOSES OF THIS SUBDIVISION, THE TERM "FACILITY"  SHALL  INCLUDE  A
 CORRECTIONAL  FACILITY  AS DEFINED IN SUBDIVISION FOUR OF SECTION TWO OF
 THE CORRECTION LAW.
   § 3. 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
 FEMALE  INCARCERATED  INDIVIDUALS,  the administration of medications 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.  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
 FEMALE INCARCERATED INDIVIDUALS, the administration  of  medications  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.
   § 5. The correction law is amended by adding a new  section  140-a  to
 read as follows:
   § 140-A. PRENATAL CARE.  IF A PREGNANT WOMAN IS CONFINED TO A STATE OR
 LOCAL CORRECTIONAL FACILITY, SHE SHALL BE GIVEN PRENATAL CARE COMPARABLE
 TO  SUCH  CARE  AVAILABLE  TO  WOMEN  IN  THE COMMUNITY. SUCH CARE SHALL
 INCLUDE REGULAR CHECK-UPS THROUGHOUT THE COURSE  OF  HER  PREGNANCY  AND
 EDUCATION  ON  HEALTHY LIFESTYLE CHOICES OF BENEFIT TO THE WOMAN AND HER
 CHILD. PREGNANT WOMEN CONFINED TO SUCH FACILITIES SHALL  ALSO  BE  GIVEN
 PRENATAL  VITAMINS  AND  A  SPECIALIZED  DIET  TAILORED TO PROVIDE THEIR
 NUTRITIONAL NEEDS DURING PREGNANCY.
   § 6. The commissioner of corrections  and  community  supervision,  in
 conjunction  with the commissioner of health shall promulgate such rules
 and regulations as may be necessary  to  effectuate  the  provisions  of
 section five of this act.
   §  7.  1. The department of health, in cooperation with the department
 of corrections and community  supervision,  shall  conduct  a  study  of
 women's health care in prisons. Such study shall:
   a. collect all available data relating to women's health care in pris-
 ons;
   b.  determine  how  often women in prisons are being seen by a medical
 professional;
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   c. determine how long it takes for women in prisons to be  seen  by  a
 medical professional;
   d.  identify  what  issues  women in prisons are most often being seen
 for;
   e. determine the outcomes of women in prisons being seen by a  medical
 professional; and
   f.  investigate anything deemed relevant by the commissioner of health
 or the commissioner of corrections and  community  supervision  for  the
 purposes of this study.
   2.  Upon  completion  of the study required by subdivision one of this
 section, the commissioner of health,  or  his  or  her  designee,  shall
 prepare  a  report to be given to the governor and the legislature which
 shall include the findings of such study. Such  report  shall  be  filed
 within  one  year  of the effective date of this act, unless the commis-
 sioner of health requests in writing, an extension of time.
   3. All other departments or agencies  of  the  state  or  subdivisions
 thereof, and local governments shall, at the request of the commissioner
 of  health or the commissioner of corrections and community supervision,
 provide expertise, assistance, and data that will  enable  such  commis-
 sioner to carry out his or her powers and duties.
   §  8.  This act shall take effect immediately; provided, however, that
 section five of this act shall take effect on the one hundred  eightieth
 day  after it shall have become a law.  Effective immediately, the addi-
 tion, amendment and/or repeal of any rule or  regulation  necessary  for
 the  implementation  of this act on its effective date are authorized to
 be made and completed on or before such effective date.