[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7733 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 7733
To amend title 18, United States Code, to ensure access to
obstetrician-gynecologists for female prisoners, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 26, 2026
Mrs. Foushee (for herself, Ms. Ansari, Ms. Kamlager-Dove, Mr. Johnson
of Georgia, Ms. Norton, Mrs. McIver, Mr. Veasey, Mr. Evans of
Pennsylvania, Ms. Randall, Ms. Lee of Pennsylvania, and Mr. Goldman of
New York) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to ensure access to
obstetrician-gynecologists for female prisoners, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring OB-GYN Care in Prisons
Act''.
SEC. 2. EMPLOYMENT OF OBSTETRICIAN-GYNECOLOGISTS AT BUREAU OF PRISONS
FACILITIES.
Section 4051(h)(3) of title 18, United States Code, is amended to
read as follows:
``(3) Obstetrician-gynecologist access.--
``(A) In general.--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
``(B) Initial visit.--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.
``(C) Services.--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.
``(D) Protections for prisoners.--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.
``(E) Standards.--In providing services under this
paragraph, the obstetrician-gynecologist shall use of
trauma-informed care standards for survivors of sexual
violence.
``(F) Referrals.--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.
``(G) Vacancies.--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.''.
SEC. 3. REPORT.
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.
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