STATE OF NEW YORK
________________________________________________________________________
9646--A
IN ASSEMBLY
March 28, 2022
___________
Introduced by M. of A. FORREST, NIOU -- read once and referred to the
Committee on Correction -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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:
1 Section 1. The correction law is amended by adding a new section 140-a
2 to read as follows:
3 § 140-a. Provision for access to gynecological services. 1. All people
4 with cervixes confined to a state or local correctional facility shall
5 be provided annual access to gynecological services and visits with a
6 licensed gynecologist, at no cost. Such services and visits shall be
7 provided in accordance with standards developed in consultation with the
8 department of health and the American college of obstetricians and gyne-
9 cologists.
10 2. Any person with a cervix confined to a state or local correctional
11 facility who wishes to decline the provision of such services set forth
12 in subdivision one of this section shall do so in writing. Each correc-
13 tional facility shall furnish a report to the commissioner each January
14 stating the percentage of eligible confined persons who received gyneco-
15 logical services, the percentage who declined services, and copies of
16 all written documents evidencing declined services.
17 § 2. Subdivision 2 of section 140 of the correction law, as added by
18 chapter 516 of the laws of 1995, is amended to read as follows:
19 2. Subject to the regulations of the department of health, routine
20 medical, dental and mental health services and treatment is defined for
21 the purposes of this section to mean any routine diagnosis or treatment,
22 including without limitation the provision of gynecological services for
23 incarcerated individuals with cervixes, the administration of medica-
24 tions or nutrition, the extraction of bodily fluids for analysis, and
25 dental care performed with a local anesthetic. Routine mental health
26 treatment shall not include psychiatric administration of medication
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14526-04-2
A. 9646--A 2
1 unless it is part of an ongoing mental health plan or unless it is
2 otherwise authorized by law.
3 § 3. Subdivision 2 of section 505 of the correction law, as added by
4 chapter 437 of the laws of 2013, is amended to read as follows:
5 2. Subject to the regulations of the department of health, routine
6 medical, dental and mental health services and treatment is defined for
7 the purposes of this section to mean any routine diagnosis or treatment,
8 including without limitation the provision of gynecological services for
9 incarcerated individuals with cervixes, the administration of medica-
10 tions or nutrition, the extraction of bodily fluids for analysis, and
11 dental care performed with a local anesthetic. Routine mental health
12 treatment shall not include psychiatric administration of medication
13 unless it is part of an ongoing mental health plan or unless it is
14 otherwise authorized by law.
15 § 4. This act shall take effect immediately.