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
              

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 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.