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AB8146 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         8146

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                    August 30, 2013
                                      ___________

       Introduced  by M. of A. CLARK -- read once and referred to the Committee
         on Correction

       AN ACT to amend the correction law, in relation to prenatal and  postna-
         tal  care  and testing and prevention of sexually transmitted diseases
         and HIV for prisoners

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Section  611  of  the correction law is amended by adding
    2  eleven new subdivisions 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 to  read
    3  as follows:
    4    4.  ANY PREGNANT WOMAN CONFINED IN ANY INSTITUTION AS DEFINED IN PARA-
    5  GRAPH (C) OF SUBDIVISION FOUR OF SECTION TWO OF THE  CORRECTION  LAW  OR
    6  LOCAL  CORRECTIONAL  FACILITY AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION
    7  SIXTEEN OF SECTION TWO OF THE CORRECTION  LAW  SHALL  BE  PROVIDED  WITH
    8  APPROPRIATE  AND  TIMELY  PRENATAL  AND POSTNATAL CARE INCLUDING BUT NOT
    9  LIMITED TO THE FOLLOWING:
   10    (A) GYNECOLOGICAL AND OBSTETRICAL CARE;
   11    (B) MEDICAL DIETS FOR PRENATAL NUTRITION;
   12    (C) ALL LABORATORY TESTS AS DEEMED NECESSARY BY MEDICAL PERSONNEL; AND
   13    (D) SPECIAL HOUSING AS DEEMED NECESSARY BY MEDICAL PERSONNEL.
   14    5. UPON REQUEST, AND IN ACCORDANCE WITH ALL  APPLICABLE  LAWS,  FEMALE
   15  INMATES  SHALL  BE  ENTITLED  TO  RECEIVE  ABORTIONS IN AN APPROPRIATELY
   16  EQUIPPED AND LICENSED MEDICAL FACILITY WITHIN A REASONABLE TIME-FRAME.
   17    6. UPON REQUEST, PREGNANT INMATES SHALL BE PROVIDED ACCESS TO ADOPTION
   18  OR FOSTER CARE SERVICES THROUGH THE DEPARTMENT'S  SOCIAL  SERVICE  UNIT.
   19  UNDER  NO CIRCUMSTANCES WILL CORRECTIONAL OR HEALTH CARE PERSONNEL DELAY
   20  OR DENY AN INMATE ACCESS TO SUCH SERVICES OR FORCE AN INMATE TO  UTILIZE
   21  EITHER SERVICE AGAINST HER WILL.
   22    7.  THE  DEPARTMENT  SHALL  REQUIRE  EVERY CORRECTIONAL FACILITY WHERE
   23  INFANTS ARE HOUSED TO MAINTAIN AN  INFANT  NURSERY  WITH  EQUIPMENT  AND
   24  FURNISHINGS WHICH SHALL INCLUDE, BUT ARE NOT LIMITED TO:

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11700-01-3
       A. 8146                             2

    1    (A)  A  SEPARATE FORMULA ROOM WHICH SHALL BE USED FOR NO PURPOSE OTHER
    2  THAN PREPARATION OF INFANT FEEDINGS;
    3    (B)  A  BASSINET  OR  CRIB  APPROVED  BY THE MEDICAL DIRECTOR FOR EACH
    4  INFANT;
    5    (C) A REFRIGERATOR USED FOR NO  PURPOSE  OTHER  THAN  THE  STORAGE  OF
    6  INFANT FEEDINGS;
    7    (D)  EFFECTIVE  SCREENING  FOR ALL EXTERIOR DOORS AND WINDOWS USED FOR
    8  VENTILATION;
    9    (E) A FOOT-CONTROLLED, COVERED RECEPTACLE FOR THE DISPOSAL OF  WET  OR
   10  SOILED  DIAPERS,  AND  SANITARY  EQUIPMENT  FOR THE SANITARY DISPOSAL OF
   11  LINEN OTHER THAN WET OR SOILED DIAPERS;
   12    (F) SUFFICIENT QUANTITIES OF FRESH, CLEAN COVERS FOR  SCALE  PANS  AND
   13  CHANGING  TABLES SUCH THAT EACH INFANT IS WEIGHED, DIAPER-CHANGED, EXAM-
   14  INED OR TREATED ON A FRESHLY COVERED SCALE OR CHANGING TABLE;
   15    (G) A SINK WITH HOT AND COLD RUNNING WATER, SOAP, AND DISPOSABLE TOWEL
   16  DISPENSER; AND
   17    (H) A LINEN INVENTORY SUFFICIENT TO MEET THE NEEDS OF THE NURSERY.
   18    8. THE DEPARTMENT SHALL ARRANGE FOR THE REGULAR AND  ON-CALL  SERVICES
   19  OF  A PHYSICIAN WHO IS A BOARD-ELIGIBLE PEDIATRICIAN OR FAMILY PHYSICIAN
   20  TO BE PROVIDED TO EACH INFANT HOUSED IN A CORRECTIONAL FACILITY.
   21    9. THE DEPARTMENT SHALL  REQUIRE  EVERY  CORRECTIONAL  FACILITY  WHICH
   22  OPERATES  A  NURSERY TO ESTABLISH PROGRAMS OF PRESCRIPTION AND PROVISION
   23  OF THERAPEUTIC NUTRITION AS ORDERED BY THE MEDICAL DIRECTOR IN CONSULTA-
   24  TION WITH THE PEDIATRICIAN FOR ALL INFANTS IN NEED OF SUCH PROGRAMS.
   25    10. EACH INFANT ADMITTED TO A FACILITY NURSERY SHALL HAVE  A  COMPLETE
   26  PHYSICAL  EXAMINATION  WITHIN  THIRTY  DAYS  OF ADMISSION WHICH SHALL BE
   27  CONDUCTED BY A BOARD-ELIGIBLE PEDIATRICIAN OR FAMILY PRACTITIONER.
   28    11. A PERMANENT INDIVIDUAL WRITTEN MEDICAL RECORD AND, IF APPROPRIATE,
   29  DENTAL RECORD SHALL BE MAINTAINED FOR EACH INFANT HOUSED  IN  A  CORREC-
   30  TIONAL FACILITY.
   31    12.  THE  COMMISSIONER  SHALL  DEVELOP AND REQUIRE IMPLEMENTATION OF A
   32  WRITTEN HOUSEKEEPING PROCEDURE FOR ALL FACILITY NURSERIES.
   33    13. ANY INFANT KNOWN TO BE EXPOSED  TO  OR  DIAGNOSED  WITH  DIARRHEAL
   34  DISEASE OR A COMMUNICABLE CONDITION CAUSING INTRACTABLE EMESIS, SHALL BE
   35  HOUSED  IN  A ROOM PHYSICALLY SEPARATE FROM THE INFANT NURSERY AND SHALL
   36  BE OBSERVED PENDING DIFFERENTIAL DIAGNOSIS.
   37    14. NOTHING IN THIS SECTION SHALL BE INTERPRETED TO LIMIT THE AUTHORI-
   38  TY AND RESPONSIBILITY OF THE DEPARTMENT TO TAKE LAWFUL ACTION  TO  SAFE-
   39  GUARD THE WELFARE OF ANY INFANT IN ITS CARE AND CUSTODY.
   40    S  2.  The  correction law is amended by adding a new section 141-a to
   41  read as follows:
   42    S  141-A.  SEXUALLY  TRANSMITTED  DISEASES  AND   HIV;   TESTING   AND
   43  PREVENTION.  1.  THE COMMISSIONER SHALL DEVELOP PROTOCOLS FOR THE TREAT-
   44  MENT OF HIV-RELATED ILLNESSES THAT ARE CONSISTENT WITH ACCEPTED  PROFES-
   45  SIONAL  STANDARDS  AND  SOUND  PROFESSIONAL JUDGMENT AND PRACTICE.   ALL
   46  PRACTICES AFFECTING THE TREATMENT OR CARE OF PEOPLE WITH  HIV  INFECTION
   47  SHALL BE IN COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS.
   48    2.  ALL SERVICES FOR HIV-RELATED DISEASE SHALL BE PROVIDED IN A MANNER
   49  THAT INSURES CONFIDENTIALITY. SEGREGATION BASED SOLELY UPON THIS DIAGNO-
   50  SIS SHALL BE PROHIBITED.
   51    3. TESTING FOR HIV INFECTION WILL BE VOLUNTARY AND PERFORMED ONLY WITH
   52  SPECIFIC INFORMED CONSENT AND APPROPRIATE PRE- AND POST-TEST COUNSELING.
   53    4. THE COMMISSIONER SHALL DEVELOP  AND  IMPLEMENT  PROGRAMS  IN  EVERY
   54  CORRECTIONAL  FACILITY  TO  PREVENT  THE  SPREAD OF SEXUALLY TRANSMITTED
   55  DISEASES  AND  HIV  FOR  EMPLOYEES  AND  INMATES,  INCLUDING  EDUCATION,
       A. 8146                             3

    1  OUTREACH, HARM REDUCTION, OFFERING TESTING, AND AVAILABILITY FOR PROPHY-
    2  LACTIC DEVICES.
    3    5.  IN  DEVELOPING PROGRAMS FOR THE PREVENTION OF SEXUALLY TRANSMITTED
    4  DISEASES AND HIV, THE COMMISSIONER SHALL CONSULT WITH  THE  COMMISSIONER
    5  OF  HEALTH TO IDENTIFY AND SELECT CURRICULA THAT ARE LIKELY TO BE EFFEC-
    6  TIVE IN REDUCING TRANSMISSION OF INFECTIOUS DISEASES WITHIN CORRECTIONAL
    7  FACILITIES AND TO CONTACTS OF PRISONERS UPON THEIR RELEASE.
    8    S 3. This act shall take effect on the sixtieth  day  after  it  shall
    9  have  become  a law; provided that the addition, amendment and/or repeal
   10  of any rule or regulation necessary for the implementation of  this  act
   11  on its effective date is authorized to be made on or before such date.
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