Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2371 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 2760 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2371
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jay D. Livingstone and Kay Khan
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to provide reproductive health care to incarcerated individuals.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Jay D. Livingstone8th Suffolk1/19/2023Kay Khan11th Middlesex1/19/2023Lindsay N. Sabadosa1st Hampshire1/19/2023Mindy Domb3rd Hampshire1/19/2023James K. Hawkins2nd Bristol1/27/2023Samantha Montaño15th Suffolk2/13/2023 1 of 7
16	16	HOUSE DOCKET, NO. 2760 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 2371
18	18	By Representatives Livingstone of Boston and Khan of Newton, a petition (accompanied by bill,
19	19	House, No. 2371) of Jay D. Livingstone, Kay Khan and others for legislation to provide
20	20	reproductive health care to incarcerated individuals. Public Safety and Homeland Security.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act to provide reproductive health care to incarcerated individuals.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 127 of the General Laws, as appearing in the 2020 Official Edition,
30	30	2is hereby amended by inserting after section 169 the following section:-
31	31	3 Section 170. As used in this chapter, the following words shall have the following
32	32	4meanings unless the context clearly requires otherwise:
33	33	5 “Contraceptive services,” contraceptive counseling and initiation, continuation,
34	34	6surveillance, and discontinuation of contraceptive methods.
35	35	7 “Reversible birth control methods,” includes birth control methods other than
36	36	8sterilization, including but not limited to, intrauterine devices, the contraceptive implant,
37	37	9injectable medroxyprogesterone, combined oral contraceptive pills, progestin-only contraceptive
38	38	10pills, contraceptive patches, vaginal contraceptive rings, diaphragms, cervical caps, contraceptive
39	39	11sponges, internal and external condoms, and spermicides. 2 of 7
40	40	12 “Emergency contraception,” birth control methods that are used to prevent pregnancy
41	41	13after sexual intercourse.
42	42	14 “Nonprescription birth control methods,” birth control methods available without a
43	43	15prescription from a health care provider, including but not limited to internal and external
44	44	16condoms, spermicides, fertility awareness-based methods, and certain emergency contraceptive
45	45	17methods.
46	46	18 “Long-acting reversible contraception (LARC),” birth control methods that provide
47	47	19contraception for a prolonged period of time without user action, including intrauterine devices
48	48	20and the contraceptive implant.
49	49	21 “Undue barriers,” processes or procedures that are not in line with standards of medical
50	50	22care and that would cause significant expense or difficulty if carried out, including but not
51	51	23limited to barriers to transportation to appropriate clinical services, unreasonably delaying access
52	52	24to care, disclosure of personal information to correctional facility staff, and without requiring
53	53	25disclosure of personal information beyond what is medically necessary to safely prescribe
54	54	26contraceptives.
55	55	27 Contraceptive services shall be made available to incarcerated persons who are capable of
56	56	28becoming pregnant at the following times: 1) upon admission to a correctional facility, 2) within
57	57	29a minimum of 60 days prior to a scheduled release date, and 3) at any time upon request.
58	58	30 Any incarcerated person capable of pregnancy shall have access to all reversible birth
59	59	31control methods and emergency contraception approved by the United States Food and Drug
60	60	32Administration (FDA) for which they are medically eligible as determined by the United States
61	61	33Medical Eligibility Criteria (US MEC) for Contraceptive Use set forth by the Centers for Disease 3 of 7
62	62	34Control and Prevention. A medical or mental health diagnosis shall not be a requirement to
63	63	35access birth control methods. A pelvic examination shall not be required to start, continue, or
64	64	36stop birth control, except at the time of insertion or removal for an intrauterine device or for
65	65	37monitoring an intrauterine device, when medically indicated.
66	66	38 The department of correction shall establish a formulary that consists of all FDA-
67	67	39approved birth control methods and that shall be available free of charge and without undue
68	68	40barriers to all incarcerated persons capable of pregnancy. If a birth control method has more than
69	69	41one FDA-approved therapeutic equivalent, only one version of that method shall be required to
70	70	42be made available, unless another version is specifically indicated by a prescribing health care
71	71	43provider. Persons shall have access to nonprescription birth control methods without the
72	72	44requirement to see a licensed health care provider.
73	73	45 Any contraceptive service that requires a prescription, or any contraceptive counseling,
74	74	46provided to incarcerated persons who are capable of becoming pregnant, shall be furnished by a
75	75	47licensed health care provider and shall be nondirective, unbiased, and noncoercive. Correctional
76	76	48facilities housing persons capable of pregnancy shall ensure that at least 1 member of the
77	77	49correctional facility’s medical staff is trained in reproductive health care, which shall include
78	78	50knowledge of contraceptive services.
79	79	51 All incarcerated people capable of pregnancy shall have access to long-acting reversible
80	80	52contraception (LARC) services, including counseling, insertion, side effect management, and
81	81	53removal; provided, however, that they are eligible for these methods as per the US MEC for
82	82	54Contraceptive Use. If LARC services are not unavailable at the correctional facility, the 4 of 7
83	83	55incarcerated person shall have access to such care at a supporting medical facility with
84	84	56appropriate expertise without undue barriers.
85	85	57 Any incarcerated person capable of pregnancy shall, upon request, be allowed to continue
86	86	58birth control methods as prescribed by a physician, nurse practitioner, certified nurse midwife, or
87	87	59physician assistant prior to incarceration.
88	88	60 Contraceptive counseling and family planning services shall be offered and made
89	89	61available to all incarcerated persons who are capable of becoming pregnant at least 60 days, but
90	90	62not longer than 180 days, prior to a scheduled release date; provided, however, that such visits be
91	91	63voluntary and not mandatory.
92	92	64 The prison health care provider shall refer any individual using contraceptives to a
93	93	65medical provider who can manage the method at the time of release and provide refills of the
94	94	66medication through 12-months, as indicated.
95	95	67 The department of correction shall, in consultation with the department of public health
96	96	68and the Massachusetts Sheriffs Association, Inc., develop appropriate standards of care and
97	97	69written policies for contraceptive care, which shall include, at a minimum, the standards for
98	98	70health services set forth by the National Commission on Correctional Health Care. If LARC
99	99	71services are available on site at a correctional facility, written policies addressing noncoercive
100	100	72care and informed consent prior to LARC procedures are required.
101	101	73 Any incarcerated person who is capable of becoming pregnant shall be furnished by the
102	102	74facility with information and education regarding the availability of family planning services and
103	103	75their right to receive nondirective, unbiased, and noncoercive contraceptive services. Each
104	104	76facility shall post this information in conspicuous places to which all incarcerated persons who 5 of 7
105	105	77are capable of becoming pregnant have access. The document shall state the following in, at
106	106	78minimum, English and Spanish, (1) “You have the right to start, continue, or stop birth control
107	107	79methods; (2) The prison may not delay or prevent you from accessing reproductive health care
108	108	80and family planning services. If the medical provider at the prison is not able to prescribe the
109	109	81birth control method you want, they must refer you to a medical provider who can; (3) You have
110	110	82access to the following methods, as long as you don’t have a medical condition that would make
111	111	83a method unsafe: intrauterine devices, the contraceptive implant, injectable medroxyprogesterone
112	112	84(“Depo” or “the shot”), birth control pills (combined and progestin-only pills), contraceptive
113	113	85patches, vaginal contraceptive rings, diaphragms, cervical caps, contraceptive sponges, internal
114	114	86and external condoms, and spermicide; (4) You have access to emergency contraception
115	115	87(methods that you can use after having sex to prevent a pregnancy); (5) You should have access
116	116	88to non-prescription family planning methods without seeing a medical professional, such as
117	117	89internal and external condoms, spermicides, fertility awareness-based methods, and certain
118	118	90emergency contraceptive methods; (6) You should never feel pressured or forced to start or keep
119	119	91using a birth control method.”
120	120	92 This section does not limit an incarcerated person’s access to any method of
121	121	93contraception that is prescribed or recommended for any medically indicated reason.
122	122	94 The Department of Correction shall implement this section no later than 1 year after its
123	123	95passage.
124	124	96 SECTION 2. Section 118 of chapter 127 of the General Laws, as appearing in the 2020
125	125	97Official Edition, is hereby amended by adding the following subsection:- 6 of 7
126	126	98 (d) Incarcerated persons found to be pregnant requesting an abortion, shall be permitted
127	127	99to determine their eligibility for an abortion pursuant to state and federal law, and if determined
128	128	100to be eligible, shall be permitted to obtain an abortion after giving informed consent. A prison
129	129	101shall not confer authority or discretion to nonmedical prison staff to decide if a pregnant person
130	130	102is eligible for an abortion. If a pregnant person decides to have an abortion, that person shall be
131	131	103offered, but not forced to accept, all due medical care and accommodations until they are no
132	132	104longer pregnant. A pregnant person who decides to have an abortion shall be referred to a
133	133	105licensed medical professional. Additional conditions or restrictions beyond those mandated by
134	134	106state or federal law are not permissible. Impermissible restrictions include, but are not limited to,
135	135	107imposing gestational limits inconsistent with state law, unreasonably delaying access to the
136	136	108procedure, or requiring court-ordered transportation.
137	137	109 The department of correction shall, in consultation with the department of public health
138	138	110and the Massachusetts Sheriffs Association, Inc., develop appropriate standards of care and
139	139	111written policies for abortion.
140	140	112 The rights provided for incarcerated persons capable of pregnancy by this subsection
141	141	113shall be posted in at least one conspicuous place to which all incarcerated persons have access.
142	142	114The document shall state the following in, at minimum, English and Spanish, “(1) If you are
143	143	115pregnant or become pregnant you have the right to pregnancy care and abortion; (2) The prison
144	144	116may not delay or prevent you from accessing care; (3) You should never feel forced or pressured
145	145	117to continue a pregnancy or have an abortion; (4) All state and federal laws will apply to your
146	146	118ability to access abortion.” 7 of 7
147	147	119 SECTION 3. Subsection (a) of section 118 of chapter 127 of the General Laws, as
148	148	120appearing in the 2020 Official Edition, is hereby amended by inserting, in line 2, after the word
149	149	121“sentencing” the following words:- “or upon request at any time during incarceration” and by
150	150	122inserting, in line 6, after the word “tests;” the following words:- “provided, however, that
151	151	123pregnancy tests be voluntary and not mandatory.”
152	152	124 SECTION 4. Subsection (a) of section 118 of chapter 127 of the General Laws, as
153	153	125appearing in the 2020 Official Edition, is hereby amended by inserting, in line 7, after the word
154	154	126“material” the following words:- “that includes unbiased information about prenatal health care,
155	155	127adoption, and abortion from a licensed health care professional” and inserting, in line 9, after the
156	156	128word “inmates;” the following words:- provided, however, that prison staff shall not urge, force,
157	157	129or otherwise influence a pregnant person’s decision”.