H.R. 7733

[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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