Ensuring OB–GYN Care in Prisons Act

This Act may be cited as the Ensuring OB–GYN Care in Prisons Act.

Section 4051(h)(3) of title 18, United States Code, is amended to read as follows:

The Director shall ensure that all prisoners have access to an obstetrician-gynecologist in accordance with this paragraph, and shall employ at least one (and may employ more than one) obstetrician-gynecologist certified by the American Board of Obstetrics and Gynecology on a full-time basis at each facility of the Bureau of Prisons at which female prisoners are incarcerated

The Director shall ensure that each female prisoner incarcerated by the Bureau of Prisons has an initial visit with the obstetrician-gynecologist employed at the facility at which the prisoner is incarcerated not later than 14 days after imprisonment.

An obstetrician-gynecologist employed under this paragraph shall provide female prisoners with the following services:

(i) Menstrual health care and pain management.

(ii) Contraceptive counseling and access.

(iii) Diagnosis and treatment of gynecological conditions.

(iv) Cancer screenings consistent with clinical guidelines.

(v) Prenatal care and pregnancy screenings.

(vi) Postpartum care and recovery.

(vii) Mental health screening for postpartum depression.

With respect to services provided by obstetrician-gynecologists, female prisoners shall be provided the following:

(i) Informed consent for any exam or procedure.

(ii) The right to refuse non-emergency care.

(iii) Clear communication in the preferred language of the prisoner.

In providing services under this paragraph, the obstetrician-gynecologist shall use of trauma-informed care standards for survivors of sexual violence.

The Director—

(i) shall establish a process for female prisoners to receive referrals to and care from other medical specialists when medically necessary, as determined by the obstetrician-gynecologist;

(ii) shall ensure that transportation and security arrangements do not delay a prisoner’s access to such care; and

(iii) may not deny providing a prisoner with such care based on cost or staffing constraints.

The Director shall fill any vacancy in an obstetrician-gynecologist position required under this paragraph not later than 42 days after such vacancy is created.

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Not later than one year after the date of enactment of this Act, and on an annual basis thereafter, the Director of the Bureau of Prisons shall submit to Congress a report that includes the following:

(1) The name of each facility of the Bureau of Prisons at which at least one obstetrician-gynecologist is employed on a full-time basis.

(2) The name of each facility of the Bureau of Prisons at which the employment of at least one obstetrician-gynecologist is required under section 4051(h)(3) of title 18, United States Code, which position is vacant, and the duration of such vacancy.

(3) During the previous one-year period, for each facility of the Bureau of Prisons at which female prisoners are incarcerated, the number of—

(A) visits to an obstetrician-gynecologist employed at the facility in accordance with section 4051(h)(3) of title 18, United States Code, by—

(i) female prisoners; and

(ii) pregnant prisoners;

(B) the number of hours worked by each such obstetrician-gynecologist at such facility;

(C) childbirths by prisoners;

(D) pregnancies of prisoners that were classified as high-risk by an obstetrician-gynecologist described in subparagraph (C), and any pregnancies that were so classified by any other obstetrician-gynecologist; and

(E) deaths of—

(i) female prisoners related to pregnancy; and

(ii) newborn children of pregnant prisoners.