Bill Text: CA SB1433 | 2015-2016 | Regular Session | Chaptered
Bill Title: Incarcerated persons: contraceptive counseling and services.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2016-09-12 - Chaptered by Secretary of State. Chapter 311, Statutes of 2016. [SB1433 Detail]
Download: California-2015-SB1433-Chaptered.html
BILL NUMBER: SB 1433 CHAPTERED
BILL TEXT
CHAPTER 311
FILED WITH SECRETARY OF STATE SEPTEMBER 12, 2016
APPROVED BY GOVERNOR SEPTEMBER 12, 2016
PASSED THE SENATE JUNE 2, 2016
PASSED THE ASSEMBLY AUGUST 18, 2016
AMENDED IN SENATE MAY 31, 2016
AMENDED IN SENATE APRIL 7, 2016
AMENDED IN SENATE MARCH 30, 2016
INTRODUCED BY Senator Mitchell
(Coauthor: Assembly Member Cristina Garcia)
FEBRUARY 19, 2016
An act to repeal and add Section 3409 of the Penal Code, relating
to incarcerated persons.
LEGISLATIVE COUNSEL'S DIGEST
SB 1433, Mitchell. Incarcerated persons: contraceptive counseling
and services.
Existing law requires that any woman inmate in state prison, or
any female confined in a local detention facility, as defined, be
allowed to continue to use materials necessary for (1) personal
hygiene with regard to her menstrual cycle and reproductive system
and (2) birth control measures as prescribed by her physician, upon
her request. Existing law requires each and every woman inmate or
female confined in a local detention facility to be furnished with
information and education regarding the availability of family
planning services by the Department of Corrections and Rehabilitation
or the county, respectively. Existing law requires family planning
services to be offered to each and every woman inmate or female
confined in a local detention facility at least 60 days prior to a
scheduled release date, as specified. Existing law also requires the
department or county, respectively, to furnish any woman inmate or
female confined in a local detention facility with the services of a
licensed physician or with services necessary to meet her family
planning needs at the time of her release, as specified, upon her
request.
This bill would provide that any person incarcerated in state
prison who menstruates shall, upon request, have access to and be
allowed to use materials necessary for personal hygiene with regard
to their menstrual cycle and reproductive system. The bill would
provide that any incarcerated person in state prison who is capable
of becoming pregnant shall, upon request, have access to, and be
allowed to obtain, contraceptive counseling and their choice of birth
control method, as specified, unless medically contraindicated. The
bill would require that all birth control methods approved by the
United States Food and Drug Administration (FDA) be made available to
incarcerated persons who are capable of becoming pregnant, except as
provided, and would require the California Correctional Health Care
Services to establish a formulary that consists of all of these birth
control methods. The bill would provide that if a birth control
method has more than one FDA-approved therapeutic equivalent, only
one version of that method shall be required to be made available,
unless another version is specifically indicated by a prescribing
provider and approved by the chief medical physician at the facility.
The bill would require incarcerated persons to have access to
nonprescription birth control methods without the requirement to see
a licensed health care provider. The bill would require that any
contraceptive service that requires a prescription, or any
contraceptive counseling, provided to incarcerated persons capable of
becoming pregnant, be furnished by a licensed health care provider
who has been provided with training in reproductive health care and
be nondirective, unbiased, and noncoercive. The bill would require
health care providers furnishing contraceptive services to receive
specified training. The bill would require a facility to furnish
incarcerated persons who are capable of becoming pregnant with
information and education regarding the availability of family
planning services and their right to receive nondirective, unbiased,
and noncoercive contraceptive counseling and services. The bill would
require each facility to post this information in conspicuous
places, as specified. The bill would require that contraceptive and
family planning services be offered and made available to all
incarcerated persons capable of becoming pregnant at least 60 days,
but not longer than 180 days, prior to a scheduled release date.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3409 of the Penal Code is repealed.
SEC. 2. Section 3409 is added to the Penal Code, to read:
3409. (a) Any incarcerated person in state prison who menstruates
shall, upon request, have access and be allowed to use materials
necessary for personal hygiene with regard to their menstrual cycle
and reproductive system. Any incarcerated person in state prison who
is capable of becoming pregnant shall, upon request, have access and
be allowed to obtain contraceptive counseling and their choice of
birth control methods, subject to the provisions of subdivision (b),
unless medically contraindicated.
(b) (1) Except as provided in paragraph (2), all birth control
methods and emergency contraception approved by the United States
Food and Drug Administration (FDA) shall be made available to
incarcerated persons who are capable of becoming pregnant, with the
exception of sterilizing procedures prohibited by Section 3440.
(2) The California Correctional Health Care Services shall
establish a formulary that consists of all FDA-approved birth control
methods and that shall be available to persons specified in
subdivision (a). If a birth control method has more than one
FDA-approved therapeutic equivalent, only one version of that method
shall be required to be made available, unless another version is
specifically indicated by a prescribing provider and approved by the
chief medical physician at the facility. Persons shall have access to
nonprescription birth control methods without the requirement to see
a licensed health care provider.
(c) (1) Any contraceptive service that requires a prescription, or
any contraceptive counseling, provided to incarcerated persons who
are capable of becoming pregnant, shall be furnished by a licensed
health care provider who has been provided with training in
reproductive health care and shall be nondirective, unbiased, and
noncoercive. These services shall be furnished by the facility or by
any other agency that contracts with the facility. Except as provided
in paragraph (2), health care providers furnishing contraceptive
services shall receive training in the following areas:
(A) The requirements of this section.
(B) Providing nondirective, unbiased, and noncoercive
contraceptive counseling and services.
(2) Providers who attend an orientation program for the Family
Planning, Access, Care, and Treatment Program shall be deemed to have
met the training requirements described in paragraph (1).
(d) Any incarcerated person who is capable of becoming pregnant
shall be furnished by the facility with information and education
regarding the availability of family planning services and their
right to receive nondirective, unbiased, and noncoercive
contraceptive counseling and services. Each facility shall post this
information in conspicuous places to which all incarcerated persons
who are capable of becoming pregnant have access.
(e) Contraceptive counseling and family planning services shall be
offered and made available to all incarcerated persons who are
capable of becoming pregnant at least 60 days, but not longer than
180 days, prior to a scheduled release date.
(f) Nothing in this section shall be construed to limit an
incarcerated person's access to any method of contraception that is
prescribed or recommended for any medically indicated reason.
