NY State Senate Bill 2023-S4264

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to women's issues
Mar 15, 2023	reported and committed to finance
Feb 07, 2023	referred to women's issues

Votes

- Mar 14, 2023 - Women's Issues Committee Vote
  S4264
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Women's Issues Committee Vote: Mar 14, 2023
      
      aye (5)
      
      Persaud
      
      Salazar
      
      Scarcella-Spanton
      
      Serrano
      
      Webb
      
      aye wr (2)
      
      Canzoneri-Fitzpatrick
      
      Weik

co-Sponsors

2023-S4264 (ACTIVE) - Details

See Assembly Version of this Bill:: A227
Current Committee:: Senate Women's Issues
Law Section:: Public Health Law
Laws Affected:: Add §207-b, amd §2308-a, Pub Health L; amd §§140 & 505, add §140-a, Cor L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A8764
2019-2020: S3126, A118
2021-2022: S401, A211

2023-S4264 (ACTIVE) - Summary

Relates to women's health in correctional facilities; establishes a women's health education program; requires HIV and STD testing to be offered to incarcerated individuals; provides pregnant incarcerated individuals with access to prenatal vitamins as well as a specialized diet tailored to pregnancy needs

2023-S4264 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4264

SPONSOR: WEBB
 
TITLE OF BILL:

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 incarcerated individ-
uals 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

 
PURPOSE:

This bill would establish a Women's Health Education program in state
correctional facilities as well as take necessary steps to protect the
health of incarcerated women and ensure proper prenatal care of pregnant
incarcerated individuals.

 
SUMMARY OF PROVISIONS:

Section one amends public health law by adding a new section 207-b to
establish a women's health education program.

Section 2 amends subdivision 1 of section 2308-a of the public health
law to clarify that the term "facility" includes correctional facili-
ties.

Section 3 amends subdivision 2 of section 140 of the correction law to
include gynecological services in the routine diagnosis and treatment of
incarcerated women.

Section 4 amends subdivision 2 of section 505 of the correction law to
include gynecological services in the routine diagnosis and treatment of
incarcerated women.

Section 5 amends the correction law by adding a new section 140-a to
include prenatal care.

Section 6 requires the commissioner of corrections and community super-
vision to promulgate rules and regulations relating to section 5 of this
act in conjunction with the commissioner of health.

Section 7 requires the department of health, in cooperation with the
department of corrections and community supervision, to conduct a study
of women's health in prisons.

Section 8 sets forth the effective date.

 
JUSTIFICATION:

New York State correctional facilities do not provide comprehensive
healthcare to incarcerated women. Placement in a correctional facility
should not mean that the incarcerated individual surrenders her right to
proper and compassionate healthcare services.


This bill would require the commissioner of corrections and community
supervision to partner with the commissioner of health to establish a
Women's Health Education Program. This program would ensure that prison
medical staff are trained on the specific health needs of women through-
out all stages of their lives, including knowledge of care related to
obstetrics and gynecology.' Among other things, medical staff will learn
how to provide respectful care to women who are victims of domestic
violence or sexual violence. A survey by the Correctional Association of
New York's "Women in Prison Project" of formerly incarcerated women
found that many respondents classified their healthcare experiences in
prison as traumatic or uncomfortable, especially if the respondents had
been the victim of past sexual or domestic violence.

Poor prison healthcare is especially detrimental to pregnant women and
their unborn children. This bill would require that pregnant inmates
receive counseling services, including information about their right to
pregnancy termination services and their option to apply to the Chil-
dren's Center Program at Bedford Hills Correctional Facility.  Expectant
mothers would also be guaranteed prenatal care, and provided with prena-
tal vitamins, as well as a specialized diet tailored to the specific
nutritional needs of pregnant women.

Lastly, the bill would also mandate that incarcerated women have access
to annual gynecological care. Women will be screened for breast and
cervical cancer, sexually transmitted diseases and infections, bone
disease, and other medical issues during these annual visits, which can
quickly become dire if left untreated. By taking the aforementioned
steps, we can better protect the health and well-being of incarcerated
women and their children.

 
LEGISLATIVE HISTORY:

2021-22: S401A; Reported and committed to Finance.

2019-20: S3126; Reported and committed to Finance.

 
FISCAL IMPLICATIONS:,

Costs are anticipated to be-approximately $970,000 to the state and
local governments. Of this cost, the delivery of prenatal and gynecolog-
ical care is estimated at $220,000 to state and local correctional
facilities. The Department of Health has estimated the costs of the
study at $750,000 that includes staffing, training development & admin-
istration as well as data collection.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S4264 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4264
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 Introduced  by  Sen.  WEBB  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Women's Issues
 
 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:
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00020-01-3

 S. 4264                             2
 
 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;
   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
 S. 4264                             3
 
   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.

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Senate Bill S4264

Sponsored By

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

Mar 14, 2023 - Women's Issues Committee Vote

Women's Issues Committee Vote: Mar 14, 2023

co-Sponsors

2023-S4264 (ACTIVE) - Details

2023-S4264 (ACTIVE) - Summary

2023-S4264 (ACTIVE) - Sponsor Memo

2023-S4264 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4264

Share this bill

Sponsored By

Lea Webb

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

co-Sponsors

Jacob Ashby

Julia Salazar

2023-S4264 (ACTIVE) - Details

2023-S4264 (ACTIVE) - Summary

2023-S4264 (ACTIVE) - Sponsor Memo

2023-S4264 (ACTIVE) - Bill Text download pdf

Comments