BILL NUMBER: S7108
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:

Statutes affected:
S7108: 2308-a public health law, 2308-a(1) public health law, 140 correction law, 140(2) correction law, 505 correction law, 505(2) correction law