Ensuring OB–GYN Care in Prisons Act
- Sponsor
- Rep. Foushee, Valerie P. [D-NC-4]
- Committees
- Judiciary Committee (primary)
- Last action
- Feb 26, 2026
Bottom line
This bill mandates improved and standardized OB-GYN care for female prisoners in federal facilities, aiming to address critical gaps in women's health services within the correctional system.
What it actually does
This bill amends Title 18, United States Code, to mandate that the Bureau of Prisons (BOP) employ at least one full-time, board-certified obstetrician-gynecologist at every facility housing female prisoners. It specifies a range of services to be provided, including menstrual health care, contraceptive counseling, cancer screenings, and comprehensive prenatal and postpartum care. The bill also establishes prisoner protections, mandates trauma-informed care standards, and requires a process for referrals to other medical specialists without denial based on cost or staffing.
Proponents argue
Supporters argue this bill is crucial for ensuring basic human rights and healthcare standards for incarcerated women, addressing long-standing deficiencies in correctional healthcare that can lead to severe health outcomes, particularly for pregnant individuals. They emphasize the importance of comprehensive, trauma-informed care that respects patient autonomy and dignity, which is often lacking in prison settings.
Opponents contend
Potential opponents might argue that mandating specific staffing levels and comprehensive services could impose significant financial burdens on the Bureau of Prisons, potentially diverting resources from other essential correctional services or requiring substantial new appropriations. Concerns might also be raised about the feasibility of recruiting and retaining specialized medical staff, like board-certified OB-GYNs, in correctional settings, especially within strict timelines.
The bill is concise and clearly written, allowing for a quick and comprehensive understanding of its provisions within a short timeframe.
Section 2, amending 18 U.S.C. 4051(h)(3)(A)
Requirement for Full-Time OB-GYN Employment
This provision mandates that the Director of the Bureau of Prisons (BOP) must employ at least one full-time obstetrician-gynecologist, certified by the American Board of Obstetrics and Gynecology, at every BOP facility where female prisoners are incarcerated. This ensures dedicated, specialized women's health expertise is available on-site to address the unique medical needs of this population.
Supporters argue
Supporters argue this ensures a consistent standard of care and addresses the unique health needs of incarcerated women, which are often overlooked or inadequately met by general practitioners, leading to better health outcomes and reduced complications.
Critics contend
Critics might raise concerns about the financial implications and logistical challenges of recruiting and retaining board-certified OB-GYNs for every facility, especially in remote areas or those with high staff turnover.
Tradeoffs
Balances the need for specialized care for a vulnerable population with potential resource allocation challenges and recruitment difficulties in correctional environments.
Section 2, amending 18 U.S.C. 4051(h)(3)(B) and (C)
Timely Initial Visits and Scope of Services
This provision requires that every female prisoner receives an initial OB-GYN visit within 14 days of imprisonment. It also specifies a comprehensive range of services to be provided, including menstrual health care and pain management, contraceptive counseling, diagnosis and treatment of gynecological conditions, cancer screenings, prenatal and postpartum care, and mental health screening for postpartum depression.
Section 2, amending 18 U.S.C. 4051(h)(3)(D) and (E)
Prisoner Protections and Trauma-Informed Care
This provision ensures female prisoners receive informed consent for any exam or procedure, have the right to refuse non-emergency care, and receive clear communication in their preferred language during OB-GYN services. Additionally, it mandates that all OB-GYN services utilize trauma-informed care standards, specifically for survivors of sexual violence, recognizing the unique vulnerabilities and past experiences of incarcerated women.
Section 2, amending 18 U.S.C. 4051(h)(3)(F)
Specialist Referrals and Non-Denial Clauses
This provision requires the Director to establish a process for female prisoners to receive referrals to other medical specialists when medically necessary, as determined by the OB-GYN. Crucially, it mandates that transportation and security arrangements must not delay access to such care and explicitly prohibits denying care based on cost or staffing constraints, ensuring equitable access to specialized treatment.
Section 2, amending 18 U.S.C. 4051(h)(3)(G)
Timely Filling of OB-GYN Vacancies
This provision mandates that any vacancy in a required obstetrician-gynecologist position must be filled by the Director of the Bureau of Prisons within 42 days of its creation. This aims to prevent prolonged periods where facilities lack essential specialized medical staff, ensuring continuity of care for female prisoners.
Section 3
Annual Report on OB-GYN Care and Outcomes
This section requires the Director of the Bureau of Prisons to submit an annual report to Congress, starting one year after enactment. The report must detail which facilities employ OB-GYNs, list any vacancies and their duration, and provide statistics on OB-GYN visits (by all female prisoners and pregnant prisoners), hours worked by OB-GYNs, childbirths, high-risk pregnancies, and deaths related to pregnancy for female prisoners and newborn children.