Add §207-b, amd §2308-a, Pub Health L; amd §§140 & 505, add §140-a, Cor L
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; requires a study and report on women's health in prison.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A738
SPONSOR: Rosenthal 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 and take necessary steps to protect the health
of incarcerated women and ensure proper prenatal care of pregnant
inmates.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the correction law by adding a new section 207-b.
Section two amends subdivision 1 of section 2308-a of the public health
law. Section three amends subdivision 2 of section 140 of the correction
law. Section four amends subdivision 2 of section 505 of the correction
law. Section five amends the correction law by adding a new section
140-a.
Section six requires the commissioner of corrections and community
supervision to promulgate rules and regulations relating to section 6 of
this act in conjunction with the commissioner of health.
Section seven 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 eight sets forth the effective date.
JUSTIFICATION:
New York State correctional facilities do not provide comprehensive
healthcare to women who are incarcerated. Placement in a correctional
facility should not mean that the person surrenders their right to prop-
er 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 life, 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.
Under this legislation, expectant mothers would be guaranteed prenatal
care, access to prenatal 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 women that are
incarcerated and their children.
LEGISLATIVE HISTORY:
2023-24: A.227-A - Reported to Ways and Means; S.4264-A - referred to
Women's Issues
2021-22: A.211- Reported to Ways and Means; S.401-A - Reported to
Finance
2019-20: A.118 - Reported to Ways and Means; S.3126 - Advanced to Third
Reading
2017-18: A.8764-A - Reported to Ways and Means
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
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.
STATE OF NEW YORK
________________________________________________________________________
738
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. ROSENTHAL, LUPARDO, SIMON, SEAWRIGHT, COOK, HYND-
MAN, WALKER, COLTON, WEPRIN, TAYLOR, STIRPE, JACOBSON, EPSTEIN,
BURDICK, JACKSON, BICHOTTE HERMELYN, KELLES, GONZALEZ-ROJAS, LUNSFORD,
REYES, GIBBS, JENSEN, RAGA, ZINERMAN, SHRESTHA, FORREST -- 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:
1 Section 1. The public health law is amended by adding a new section
2 207-b to read as follows:
3 § 207-b. Women's health education program in state and local correc-
4 tional facilities. The commissioner, in consultation with the commis-
5 sioner of corrections and community supervision and the chair of the
6 state commission of correction, shall establish a women's health educa-
7 tion program in state and local correctional facilities. Such program
8 shall educate facility medical staff on the special medical needs of
9 women, including training on providing professional, respectful and
10 informed care of women who have been victims of domestic violence or
11 sexual violence.
12 § 2. Subdivision 1 of section 2308-a of the public health law, as
13 amended by section 38 of part E of chapter 56 of the laws of 2013, is
14 amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02194-01-5
A. 738 2
1 1. The administrative officer or other person in charge of a clinic or
2 other facility providing gynecological, obstetrical, genito-urological,
3 contraceptive, sterilization or termination of pregnancy services or
4 treatment shall require the staff of such clinic or facility to offer to
5 administer to every resident of the state of New York coming to such
6 clinic or facility for such services or treatment, appropriate examina-
7 tions or tests for the detection of sexually transmitted diseases. For
8 the purpose of this subdivision, the term "facility" shall include a
9 correctional facility as defined in subdivision four of section two of
10 the correction law.
11 § 3. Subdivision 2 of section 140 of the correction law, as added by
12 chapter 516 of the laws of 1995, is amended to read as follows:
13 2. Subject to the regulations of the department of health, routine
14 medical, dental and mental health services and treatment is defined for
15 the purposes of this section to mean any routine diagnosis or treatment,
16 including without limitation the provision of gynecological services for
17 female incarcerated individuals, the administration of medications or
18 nutrition, the extraction of bodily fluids for analysis, and dental care
19 performed with a local anesthetic. Routine mental health treatment shall
20 not include psychiatric administration of medication unless it is part
21 of an ongoing mental health plan or unless it is otherwise authorized by
22 law.
23 § 4. Subdivision 2 of section 505 of the correction law, as added by
24 chapter 437 of the laws of 2013, is amended to read as follows:
25 2. Subject to the regulations of the department of health, routine
26 medical, dental and mental health services and treatment is defined for
27 the purposes of this section to mean any routine diagnosis or treatment,
28 including without limitation the provision of gynecological services for
29 female incarcerated individuals, the administration of medications or
30 nutrition, the extraction of bodily fluids for analysis, and dental care
31 performed with a local anesthetic. Routine mental health treatment shall
32 not include psychiatric administration of medication unless it is part
33 of an ongoing mental health plan or unless it is otherwise authorized by
34 law.
35 § 5. The correction law is amended by adding a new section 140-a to
36 read as follows:
37 § 140-a. Prenatal care. If a pregnant person is confined to a state
38 or local correctional facility, such person shall be given prenatal care
39 comparable to such care available to pregnant persons in the community.
40 Such care shall include regular check-ups throughout the course of such
41 person's pregnancy and education on healthy lifestyle choices of benefit
42 to such person and such person's child. Pregnant persons confined to
43 such facilities shall also be given prenatal vitamins and a specialized
44 diet tailored to provide their nutritional needs during pregnancy.
45 § 6. The commissioner of corrections and community supervision, in
46 conjunction with the commissioner of health shall promulgate such rules
47 and regulations as may be necessary to effectuate the provisions of
48 section five of this act.
49 § 7. 1. The department of health, in cooperation with the department
50 of corrections and community supervision, shall conduct a study of
51 women's health care in prisons. Such study shall:
52 a. collect all available data relating to women's health care in pris-
53 ons;
54 b. determine how often women in prisons are being seen by a medical
55 professional;
A. 738 3
1 c. determine how long it takes for women in prisons to be seen by a
2 medical professional;
3 d. identify what issues women in prisons are most often being seen
4 for;
5 e. determine the outcomes of women in prisons being seen by a medical
6 professional; and
7 f. investigate anything deemed relevant by the commissioner of health
8 or the commissioner of corrections and community supervision for the
9 purposes of this study.
10 2. Upon completion of the study required by subdivision one of this
11 section, the commissioner of health, or such commissioner's designee,
12 shall prepare a report to be given to the governor and the legislature
13 which shall include the findings of such study. Such report shall be
14 filed within one year of the effective date of this act, unless the
15 commissioner of health requests in writing, an extension of time.
16 3. All other departments or agencies of the state or subdivisions
17 thereof, and local governments shall, at the request of the commissioner
18 of health or the commissioner of corrections and community supervision,
19 provide expertise, assistance, and data that will enable such commis-
20 sioner to carry out such commissioner's powers and duties.
21 § 8. This act shall take effect immediately; provided, however, that
22 section five of this act shall take effect on the one hundred eightieth
23 day after it shall have become a law. Effective immediately, the addi-
24 tion, amendment and/or repeal of any rule or regulation necessary for
25 the implementation of this act on its effective date are authorized to
26 be made and completed on or before such effective date.
