NY State Senate Bill 2023-S383

Current Bill Status - In Senate Committee Women's Issues Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to women's issues
Jan 04, 2023	referred to women's issues

2023-S383 (ACTIVE) - Details

Current Committee:: Senate Women's Issues
Law Section:: Correction Law
Laws Affected:: Add §140-a, amd §§140 & 505, Cor L
Versions Introduced in 2021-2022 Legislative Session:: S8630

2023-S383 (ACTIVE) - Summary

Requires gynecological services to be offered to incarcerated individuals with cervixes unless such individuals decline such services in writing.

2023-S383 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S383

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the correction law, in relation to requiring gynecologi-
cal services to be offered to certain incarcerated individuals

 
PURPOSE OR GENERAL IDEA OF BILL:

Currently, there is no state law that requires routine cervical screen-
ings for incarcerated individuals. Regular gynecological visits are a
standard and necessary part of general health care for anyone with a
cervix. Currently the absence of any requirement for these services is
unfairly discriminatory to persons with cervixes including cisgender
women as well as trans and nonbinary individuals with cervixes. This
bill.will ensure that life saving examinations and necessary care be
available for those who require it.

 
SUMMARY OF PROVISIONS:

Section 1 amends the corrections law to add a new section 140-a with

title provision for access to gynecological services. It requires that
all people with cervixes housed in state or local correctional facili-
ties be provided access to gynecological services and visits with a
licensed gynecologist. Additionally, it sets out that any eligible
person wishing to decline services must do so in writing, and that
facilities provide an annual report stating the percentage of eligible
persons who received gynecological services, as well as the percentage
of individuals who declined care with required documentation, for the
previous year.

Section 2 amends Subdivision 2 of section 140 of the correction law, to
include the provision of gynecological services for persons with cervix-
es to the list of routine care medical services.

Section 3 amends Subdivision 2 of section 505 of the correction law, to
include the provision of gynecological services for persons with cervix-
es to the list of routine care medical services.

 
JUSTIFICATION:

Examinations for cervical cancer, among the most common forms of cancer;
are necessary to ensure that, when faced with a life threatening cancer
diagnosis, it is possible to take steps to address the cancer in a time-
ly fashion. Currently in New York State there are significant racial
disparities in the proportion of deaths due to cervical cancer. In the
City, the rates are even higher, as Black women die from cervical cancer
at a rate that is double that of white women.

Gynecological examinations are also necessary as preventive care and for
diagnosis of a wide range of other ailments that are frequently extreme-
ly painful and even life-threatening., In addition, regular gynecologi-
cal visits are often necessary for the continuation and monitoring of
birth control, pre- and post-natal care, general sexual health, bone
health, as well as coverage of important medical history in the tradi-
tional "Well Woman" visit. Effective preventative care may also signif-
icantly reduce the State's financial burden in cases where serious
illness may be involved.
 
PRIOR LEGISLATIVE HISTORY:

2021: A.9646

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the addition, 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.

2023-S383 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    383
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Women's Issues
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02441-01-3
 S. 383                              2
 
 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.
   §  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.

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Senate Bill S383

Sponsored By

Current Bill Status - In Senate Committee Women's Issues Committee

2023-S383 (ACTIVE) - Details

2023-S383 (ACTIVE) - Summary

2023-S383 (ACTIVE) - Sponsor Memo

2023-S383 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S383

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Sponsored By

Cordell Cleare

Current Bill Status - In Senate Committee Women's Issues Committee

2023-S383 (ACTIVE) - Details

2023-S383 (ACTIVE) - Summary

2023-S383 (ACTIVE) - Sponsor Memo

2023-S383 (ACTIVE) - Bill Text download pdf

Comments