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Code · BILL · 117th Congress · H.R. 7394 (Introduced in House) — To provide for improvements in the treatment of women in the criminal justice system. · Sec. 601

Sec. 601. Health care needs of incarcerated women in the Bureau of Prisons

951 words·~4 min read·/bill/117/hr/7394/ih/section-601·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The Director of the Bureau of Prisons, in consultation with the Administrator of the Women and Special Populations Branch, shall ensure that all incarcerated women have access to basic standards of health care specific to their needs. The Director shall ensure that all incarcerated persons in need of obstetric or gynecological care have access to a licensed medical professional with specialized training in such care, which shall include, in addition to any medical treatment provided by law and Bureau of Prisons policy— a screening upon intake into the Bureau of Prisons, and annual screening thereafter, that shall include screening for high-risk factors as provided under subsection (c); testing for Hepatitis A, B, and C; tuberculosis skin testing; testing for sexually transmitted infections, which shall include chlamydia, gonorrhea, syphilis, and human immunodeficiency virus (HIV), and may include testing for other infections if symptoms present; a breast examination screening no less frequently than recommended by medical professionals adhering to guidelines published by the Secretary of Health and Human Services; and a pelvic examination to include a Pap smear and testing for human papillomavirus
(HPV)no less than every three years, but within 48 hours if medical history or symptoms require, with the option of being accompanied by a trained medical chaperone during this examination. The Director shall amend Bureau of Prisons policy for human papillomavirus screening and vaccination to include access for juvenile justice-involved individuals. The Director shall ensure that dental care for incarcerated persons complies with the standards developed by the Americans with Disabilities Act (ADA), Standards Administration Department, and not later than one year after enactment of this section, the Director, in consultation with the Chief of Dental Programs shall report to the Committees on the Judiciary of the Senate and the House of Representatives and the Subcommittees on Commerce, Justice, Science, and Related Agencies of the Committees on Appropriations of the Senate and the House of Representatives, and such report shall include— the number of incarcerated persons who have requested dental care, disaggregated by race and gender; the number of incarcerated persons who have received dental care, disaggregated by race and gender; the number of incarcerated persons who are on waitlists for dental care disaggregated by race and gender; and the number of incarcerated persons who have been refused requested dental care, disaggregated by race and gender, and the reasons for such refusals. Female incarcerated persons who present with any high-risk factors during any screening, shall be provided with care as follows: Screening for bone density in postmenopausal persons younger than 65 years if any of the following risk factors are noted: Medical history of a fragility fracture. Body weight less than 127 pounds. Medical causes of bone loss (medications or diseases). Parental medical history of hip fracture. Current smoker. Alcoholism. Rheumatoid arthritis. For incarcerated persons with a medical history of preeclampsia who gave birth less than 37 0/7 weeks of gestation, or who have a medical history of recurrent preeclampsia, a yearly assessment of blood pressure, lipids, fasting blood glucose, and body mass index. Screening for colorectal cancer for incarcerated persons who— are age 50 and above; have a first-degree relative younger than age 60 or two or more first-degree relatives of any age who have had colorectal cancer; have a family history of familial adenomatous polyposis or hereditary nonpolyposis colon cancer; or have a history of colorectal cancer, adenomatous polyps, inflammatory bowel disease, chronic ulcerative colitis, or Crohn’s disease. Diabetes testing for incarcerated persons who— are overweight or obese; every three years for any incarcerated person who has delivered a baby weighing 9 pounds or more, or was diagnosed with gestational diabetes mellitus
(GDM)and normal postpartum screening test results; have been diagnosed with hypertension or are on therapy for hypertension; have been diagnosed with a high cholesterol level or a high triglyceride level; have been diagnosed with polycystic ovary syndrome; have other clinical conditions associated with insulin resistance; or have a history of cardiovascular disease. Hemoglobin level assessments for incarcerated persons who have a history of excessive menstrual flow. Lipid profile assessments for incarcerated persons who— have a family history suggestive of familial hyperlipidemia; have a family history of premature cardiovascular disease; have a previous personal history of coronary heart disease or noncoronary atherosclerosis, or abdominal aortic aneurysm, peripheral artery disease, or carotid artery stenosis; are obese; have a personal or family history of peripheral vascular disease; have diabetes mellitus; have multiple coronary heart disease risk factors, such as tobacco use and hypertension; an annual lipid assessment for female incarcerated persons who have a medical history of preeclampsia who gave birth preterm, or who have a medical history of recurrent preeclampsia. A mammography and triple negative breast cancer screening for incarcerated persons who— have had breast cancer or who have a first-degree relative or multiple other relatives who have a history of premenopausal breast or breast and ovarian cancers; have tested positive for BRCA1 or BRCA2 mutations; received thoracic irradiation, a typically as a treatment for lymphoma, between the ages of 10 and 30; and have a personal history of high-risk breast biopsy results, including atypical hyperplasia and lobular carcinoma in situ. Thyroid-stimulating hormone testing for female incarcerated persons with a strong family history of thyroid disease or autoimmune disease. Screening and appropriate treatment for incarcerated persons with diagnosis of sickle cell anemia. The Director shall ensure access to contraceptive care for an incarcerated person if determined to be medically recommended by a licensed obstetrician-gynecologist. All medical reports and health records drafted or stored within the Bureau of Prisons may not be exchanged, transferred, or used for the purpose of any criminal investigation or prosecution federally, or under the laws of any State, local or Tribal government.
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