EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0044*
HOUSE BILL 44
E4 3lr0463
HB 1120/22 – JUD (PRE–FILED) CF SB 107
By: Delegate Lopez
Requested: September 28, 2022
Introduced and read first time: January 11, 2023
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Correctional Services – Pregnant Incarcerated Individuals – Substance Use 2
Disorder 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 2022 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 T HE MEANINGS 20
INDICATED. 21
(2) “PREGNANT INCARCERATED INDIVIDUAL” MEANS AN 22
INCARCERATED INDIVID UAL AT ANY STAGE OF PREGNANCY , LABOR, DELIVERY, OR 23 2 HOUSE BILL 44
THE 12–WEEK POSTPARTUM PERI OD. 1
(3) “REPRODUCTIVE HEALTH C ARE PROVIDER ” MEANS: 2
(I) AN OBSTETRICIAN ; 3
(II) A GYNECOLOGIST ; 4
(III) A CERTIFIED NURSE MI DWIFE; OR 5
(IV) A PHYSICIAN , NURSE PRACTITIONER , OR PHYSICIAN ’S 6
ASSISTANT WITH SPECI ALIZATION IN TREATIN G PREGNANT PATIENTS . 7
(B) THIS SECTION APPLIES TO ALL CORRECTIONAL UNITS, AS DEFINED IN § 8
8–201 OF THIS ARTICLE. 9
(C) (1) A PREGNANT INCARCERATE D INDIVIDUAL, REGARDLESS OF THE 10
JURISDICTION OF CONF INEMENT OR THE LENGT H OF TIME THAT THE I NDIVIDUAL IS 11
EXPECTED TO BE AT TH E CORRECTIONAL UNIT , SHALL BE SCREENED FO R 12
SUBSTANCE USE DISOR DER AT INTAKE USING A VALIDATED SCREENIN G TOOL. 13
(2) A PREGNANT INCARCERATE D INDIVIDUAL WHO HAS BOTH A 14
POSITIVE PREGNANCY T EST AT INTAKE AND SC ORES POSITIVE ON THE SUBSTANCE 15
USE DISORDER SCREENI NG SHALL BE REFERRED IMMEDIATELY TO A BEH AVIORAL 16
HEALTH CARE PROVIDER AND A REPRO DUCTIVE HEALTH CARE PROVIDER FOR : 17
(I) FULL ASSESSMENT ; 18
(II) COUNSELING ON ALL AV AILABLE AND RECOMMEN DED 19
TREATMENT OPTIONS ; AND 20
(III) IF CLINICALLY APPROP RIATE, THE INITIATION OR 21
CONTINUATION OF MEDI CATION. 22
(3) IF A PREGNANT INCARCE RATED INDIVIDUAL WAS RECEIVING 23
MEDICATION TREATMENT FOR OPIOID USE DISOR DER PRIOR TO INCARCE RATION 24
AND DESIRES TO CONTI NUE THAT TREATMENT W HILE INSIDE THE CORR ECTIONAL 25
UNIT, THE CORRECTIONAL UNI T SHALL ENSURE THAT THE INDIVIDUAL CONTI NUES 26
TO RECEIVE THE SAME MEDICATION WITHOUT A BREAK IN CARE. 27
(4) A PREGNANT INCARCERATE D INDIVIDUAL WITH OP IOID USE 28
DISORDER WHO WAS NOT ON MEDICATION TREATM ENT BEFORE INCARCERA TION 29
SHALL BE STARTED ON APPROPRIATE MEDICATI ON TREATMENT WHILE I N CUSTODY 30 HOUSE BILL 44 3
IF: 1
(I) THE TREATMENT IS REC OMMENDED ; AND 2
(II) THE INDIVIDUAL CONSE NTS TO THE TREATMENT . 3
(5) A PREGNANT INCARCERATE D INDIVIDUAL FOR WHO M 4
MEDICATION FOR THE T REATMENT OF OPIOID U SE DISORDER IS INDIC ATED BUT 5
WHO DECLINES THIS TY PE OF TREATMENT , OR WHO WOULD LIKE TO TE RMINATE 6
THE USE OF MEDICATIO N WHILE INCARCERATED , SHALL BE: 7
(I) ALLOWED TO DECLINE O R TERMINATE MEDICATI ON 8
TREATMENT IN A TIMEL Y MANNER; AND 9
(II) COUNSELED ON THE RIS KS ASSOCIATED WITH T HE ACTION. 10
(6) ALL CORRECTIONAL UNIT S SHALL FOLLOW THE CLI NICAL 11
GUIDANCE OF THE AMERICAN COLLEGE OF NURSE MIDWIVES OR THE AMERICAN 12
COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS WHEN PR OVIDING CARE TO 13
PREGNANT INCARCERATE D INDIVIDUALS. 14
(D) BEFORE RELEASING A PR EGNANT INCARCERATED INDIVIDUAL, A 15
CORRECTIONAL UNIT SHA LL: 16
(1) CONTACT AND WORK WIT H THE APPROPRIATE GO VERNMENT 17
AGENCIES AND OTHER E NTITIES TO ARRANGE H EALTH INSURANCE COVE RAGE FOR 18
THE INDIVIDUAL , WITH COVERAGE TO BEC OME EFFECTIVE NOT LA TER THAN 24 19
HOURS AFTER RELEASE ; 20
(2) REFER THE INDIVIDUAL TO A QUALI FIED REPRODUCTIVE HE ALTH 21
CARE PROVIDER THAT O FFERS SPECIALIZED SE RVICES FOR PREGNANT AND 22
POSTPARTUM INDIVIDUA LS IN THE JURISDICTI ON OF THE INDIVIDUAL ’S RESIDENCE 23
TO CONTINUE PREGNANC Y–RELATED HEALTH CARE ; AND 24
(3) REFER THE INDIVIDUAL TO A COMMUNITY –BASED MENTAL 25
HEALTH AND SUBSTANCE USE PROFESSIONAL FOR TREATMENT AND MEDICA TION 26
CONTINUITY IN THE JU RISDICTION OF RESIDE NCE OF THE INDIVIDUA L. 27
(E) IMMEDIATELY ON RELEAS E OR WITHIN NOT MORE THAN 10 CALENDAR 28
DAYS AFTER RELEASE , A PREGNANT I NCARCERATED INDIVIDU AL SHALL BE 29
PROVIDED WITH A COMP LETE COPY OF THE IND IVIDUAL’S MEDICAL RECORDS , 30
MENTAL HEALTH EVALUA TIONS, ADDICTION EVALUATION S, AND TREATMENT 31
ASSESSMENTS . 32 4 HOUSE BILL 44
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2023. 2