EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1120*
HOUSE BILL 1120
E4 2lr2961
HB 235/21 – JUD
By: Delegates W. Fisher, Bartlett, Crutchfield, Davis, and Toles
Introduced and read first time: February 11, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Correctional Services – Pregnant Incarcerated Individuals – Substance Abuse 2
Assessment and Treatment 3
FOR the purpose of requiring that a pregnant incarcerated individual be screened for 4
substance use disorder at intake, referred to health care providers, and provided 5
with certain medications and treatment; requiring a correctional unit to arrange for 6
health insurance coverage and follow–up health care before release of a pregnant 7
incarcerated individual; requiring that a pregnant incarcerated individual be 8
provided with medical records on release; and generally relating to pregnant 9
incarcerated individuals. 10
BY adding to 11
Article – Correctional Services 12
Section 9–601.2 13
Annotated Code of Maryland 14
(2017 Replacement Volume and 2021 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Correctional Services 18
9–601.2. 19
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 20
INDICATED. 21
(2) “PREGNANT INCARCERATED INDIVIDUAL” MEANS AN 22
INCARCERATED INDIVID UAL AT ANY STAGE OF PREGNANCY , LABOR, DELIVERY, OR 23
THE 12–WEEK POSTP ARTUM PERIOD . 24 2 HOUSE BILL 1120
(3) “REPRODUCTIVE HEALTH C ARE PROVIDER ” MEANS: 1
(I) AN OBSTETRICIAN ; 2
(II) A GYNECOLOGIST ; 3
(III) A CERTIFIED NURSE MI DWIFE; OR 4
(IV) A PHYSICIAN , NURSE PRACTITIONER , OR PHYSICIAN ’S 5
ASSISTANT WITH SPECI ALIZATION IN TREATIN G PREGNANT PATIENTS . 6
(B) THIS SECTION APPLIES TO ALL CORRECTIONAL UNITS, AS DEFINED IN § 7
8–201 OF THIS ARTICLE. 8
(C) (1) A PREGNANT INCARCERATE D INDIVIDUAL, REGARDLESS OF THE 9
JURISDICTION OF CONF INEMENT OR THE LENGT H OF TIME THAT THE I NDIVIDUAL IS 10
EXPECTED TO BE AT THE CORRECT IONAL UNIT, SHALL BE SCREENED FO R 11
SUBSTANCE USE DISORD ER AT INTAKE USING A VALIDATED SCREENING TOOL. 12
(2) A PREGNANT INCARCERATE D INDIVIDUAL WHO HAS BOTH A 13
POSITIVE PREGNANCY T EST AT INTAKE AND SC ORES POSITIVE ON THE SUBSTANCE 14
USE DISORDER SCREENING SHA LL BE REFERRED IMMED IATELY TO A BEHAVIOR AL 15
HEALTH CARE PROVIDER AND A REPRODUCTIVE H EALTH CARE PROVIDER FOR: 16
(I) FULL ASSESSMENT ; 17
(II) COUNSELING ON ALL AV AILABLE AND RECOMMEN DED 18
TREATMENT OPTIONS ; AND 19
(III) IF CLINICALLY AP PROPRIATE, THE INITIATION OR 20
CONTINUATION OF MEDI CATION. 21
(3) IF A PREGNANT INCARCE RATED INDIVIDUAL WAS RECEIVING 22
MEDICATION TREATMENT FOR OPIOID USE DISOR DER PRIOR TO INCARCE RATION 23
AND DESIRES TO CONTI NUE THAT TREATMENT W HILE INSIDE THE CORR ECTIONAL 24
UNIT, THE CORRECTIONAL UNI T SHALL ENSURE THAT THE INDIVIDUAL CONTI NUES 25
TO RECEIVE THE SAME MEDICATION WITHOUT A BREAK IN CARE. 26
(4) A PREGNANT INCARCERATE D INDIVIDUAL WITH OP IOID USE 27
DISORDER WHO WAS NOT ON MEDICATION TREATM ENT BEFORE INCARCERA TION 28
SHALL BE STARTED ON APPROPRIA TE MEDICATION TREATM ENT WHILE IN CUSTODY 29
IF: 30 HOUSE BILL 1120 3
(I) THE TREATMENT IS REC OMMENDED ; AND 1
(II) THE INDIVIDUAL CONSE NTS TO THE TREATMENT . 2
(5) A PREGNANT INCARCERATE D INDIVIDUAL FOR WHO M 3
MEDICATION FOR THE T REATMENT OF OPIOID U SE DISORDER IS INDICATED BUT 4
WHO DECLINES THIS TY PE OF TREATMENT , OR WHO WOULD LIKE TO TERMINATE 5
THE USE OF MEDICATIO N WHILE INCARCERATED , SHALL BE: 6
(I) ALLOWED TO DECLINE O R TERMINATE MEDICATI ON 7
TREATMENT IN A TIMEL Y MANNER; AND 8
(II) COUNSELED ON THE RISKS ASSOCIATED WIT H THE ACTION. 9
(6) ALL CORRECTIONAL UNIT S SHALL FOLLOW THE C LINICAL 10
GUIDANCE OF THE AMERICAN COLLEGE OF NURSE MIDWIVES OR THE AMERICAN 11
COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS WHEN PR OVIDING CARE TO 12
PREGNANT INCARCERATE D INDIVIDUALS. 13
(D) BEFORE RELEASING A PR EGNANT INCARCERATED INDIVIDUAL, A 14
CORRECTIONAL UNIT SH ALL: 15
(1) CONTACT AND WORK WIT H THE APPROPRIATE GO VERNMENT 16
AGENCIES AND OTHER E NTITIES TO ARRANGE H EALTH INSURANCE COVE RAGE FOR 17
THE INDIVIDUAL , WITH COVERAGE TO BECOME EFFECTIVE NOT LATER THAN 24 18
HOURS AFTER RELEASE ; 19
(2) REFER THE INDIVIDUAL TO A QUALIFIED REPRO DUCTIVE HEALTH 20
CARE PROVIDER THAT O FFERS SPECIALIZED SE RVICES FOR PREGNANT AND 21
POSTPARTUM INDIVIDUA LS IN THE JURISDICTI ON OF THE INDIVIDUAL ’S RESIDENCE 22
TO CONTINUE PREGNANC Y–RELATED HEALTH CARE ; AND 23
(3) REFER THE INDIVIDUAL TO A COMMUNITY –BASED MENTAL 24
HEALTH AND SUBSTANCE USE PROFESSIONAL FOR TREATMENT AND MEDICA TION 25
CONTINUITY IN THE JU RISDICTION OF RESIDE NCE OF THE INDIVIDUA L. 26
(E) IMMEDIATELY ON R ELEASE OR WITHIN NOT MORE THAN 10 CALENDAR 27
DAYS AFTER RELEASE , A PREGNANT INCARCERA TED INDIVIDUAL SHALL BE 28
PROVIDED WITH A COMP LETE COPY OF THE IND IVIDUAL’S MEDICAL RECORDS , 29
MENTAL HEALTH EVALUA TIONS, ADDICTION EVALUATION S, AND TREATMENT 30
ASSESSMENTS . 31
4 HOUSE BILL 1120
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2022. 2