HB 1401

Bill Subjects

Correction, Institutions And Inmates Women's Issues Medical Issues Generally

Abstract

Requires the department of correction (department) to provide free and unlimited access to toilet paper, tampons, and pads to any incarcerated woman held by the department. Requires the department to provide the following prenatal, postnatal, and postpartum treatment to pregnant or postpartum women, as applicable: (1) Medical examinations. (2) Certain laboratory and diagnostic tests. (3) Counseling concerning the safe and proper administration of prescribed medications and dietary supplements. (4) Counseling concerning recommended vaccinations. (5) The administration of certain medications for women suffering from an active substance use disorder during pregnancy. (6) An appropriate space for lactating women to pump or express breast milk. (7) Counseling concerning lactation and breastfeeding and a medically appropriate diet for lactating mothers. (8) Access to a doula in certain instances. (9) The presence of a family member during delivery. Requires the department to create and implement written policies that do the following: (1) Require the proper documentation for all prenatal, postnatal, and postpartum care provided by the department. (2) Require certain medical documentation to be made available to a physician or qualified medical professional upon request. (3) Designate one or more local hospitals as possible venues for the administration of necessary prenatal, postnatal, or postpartum care, as applicable. (4) Establish an administrative preference for administering prenatal, postnatal, and postpartum care at a hospital. (5) Prohibit certain disclosures on a child's birth certificate when a child is born to a woman who is incarcerated. (6) Provide women with access to: (A) conventional beds; or (B) bottom bunks; during pregnancy or the six weeks following the delivery of a child, as applicable, in order to minimize the risk of serious injury in the event of a fall. (7) Require the timely reporting of certain obstetric emergencies to a physician or qualified medical professional. (8) Allow for the timely examination of a women by a physician or qualified health provider upon a woman's arrival at a hospital or local medical facility. (9) Establish a written policy that complies with specified requirements concerning the use of restraints, shackles, and restraint techniques on pregnant and postpartum women. (10) Require correctional officers to remain outside of delivery rooms in certain instances. Provides the department with rulemaking and emergency rulemaking authority for the purpose of creating and implementing certain practices and policies. Requires the department to adopt specified standards that apply to county jails. Provides that: (1) agents; (2) employees; and (3) persons contracted to work on behalf of the department; are immune from civil liability, damages, and punitive damages, for certain acts or omissions. Specifies an exception. Makes conforming amendments.