Ensuring OB–GYN Care in Prisons Act

Bill Number

H.R. 7733

Origin Chamber

House

Congress

119th Congress, Session 2

Policy Area

Crime and Law Enforcement

Status

Introduced

Latest Action

2026-02-26: Referred to the House Committee on the Judiciary.

Last Updated

2026-07-01T08:09:25Z

AI-Generated Summary

Purpose of the Legislation

The "Ensuring OB-GYN Care in Prisons Act" (H.R. 7733) aims to improve healthcare access for female prisoners in federal facilities by mandating the employment of obstetrician-gynecologists (OB-GYNs)—doctors specializing in women's reproductive health, pregnancy, and related conditions—at Bureau of Prisons (BOP) facilities. It seeks to address gaps in specialized care for issues like menstrual health, contraception, prenatal care, and postpartum recovery.

Key Provisions

• Employment Requirements: The BOP Director must hire at least one full-time OB-GYN, certified by the American Board of Obstetrics and Gynecology (a professional body that verifies doctors' expertise), at every federal prison housing female inmates. Additional OB-GYNs may be employed as needed.
• Initial Access: Every female prisoner must receive an initial visit with an on-site OB-GYN within 14 days of incarceration.
• Services Provided: OB-GYNs must offer:
• Menstrual health care and pain management.
• Contraceptive counseling and access to birth control.
• Diagnosis and treatment of gynecological (reproductive system) conditions.
• Cancer screenings following standard medical guidelines.
• Prenatal care and pregnancy screenings.
• Postpartum (after childbirth) care and recovery support.
• Mental health screenings for postpartum depression.
• Prisoner Protections: Female inmates must receive:
• Informed consent (full explanation and agreement) before any exam or procedure.
• The right to refuse non-emergency care.
• Communication in their preferred language, clearly explained.
• Care Standards: OB-GYNs must apply trauma-informed care, which is a sensitive approach recognizing the high rates of past abuse among prisoners, especially survivors of sexual violence.
• Referrals and Access: The BOP must create a process for referring female prisoners to other specialists when needed (as determined by the OB-GYN). Transportation and security must not delay care, and referrals cannot be denied due to costs or staffing shortages.
• Vacancy Management: Any OB-GYN position must be filled within 42 days of becoming vacant.
• Reporting Requirements: The BOP Director must submit an annual report to Congress starting one year after enactment, detailing:
• Facilities with full-time OB-GYNs.
• Vacant required positions and their durations.
• For the prior year, at each female-housing facility: Number of OB-GYN visits (overall and for pregnant inmates), hours worked by OB-GYNs, childbirths, high-risk pregnancies identified, and deaths related to pregnancy (for mothers or newborns).

Significant Changes to Existing Law

This bill amends Section 4051(h)(3) of Title 18, United States Code (the federal law governing BOP operations and inmate rights). It replaces the existing subsection with new, detailed requirements, expanding from general health mandates to specific, enforceable standards for OB-GYN access and services. Previously, this section addressed broader medical care but lacked mandates for specialized women's health providers or timelines for visits and referrals.

Potential Impacts

• On Government Agencies: The BOP will face increased operational demands, including hiring and training costs for OB-GYNs, managing referrals, and producing annual reports. This could strain budgets and staffing but improve compliance with federal health standards.
• On Citizens: Female federal prisoners (estimated at around 7-10% of the BOP population) will gain better access to essential reproductive and maternal care, potentially reducing health risks like untreated conditions or complications during pregnancy. It may enhance overall prison health equity without directly affecting non-incarcerated citizens.
• On International Relations: No direct impacts, as the bill focuses on domestic federal prison operations.

Main Stakeholders Affected

• Female Prisoners: Primary beneficiaries, particularly those needing reproductive, prenatal, or postpartum care.
• Bureau of Prisons (BOP): Responsible for implementation, hiring, and reporting; will need to adjust budgets and procedures.
• Medical Professionals: OB-GYNs and specialists, who must be employed or provide referrals.
• Congress: Receives oversight reports to monitor compliance.
• Advocacy Groups: Organizations focused on women's rights, prison reform, and healthcare equity may influence or track enforcement.

Notable Legal, Constitutional, or Political Implications

• Legal Implications: Strengthens enforcement of the BOP's duty to provide adequate medical care under federal law, potentially reducing lawsuits over negligent treatment (e.g., claims of deliberate indifference to serious medical needs).
• Constitutional Implications: Aligns with the Eighth Amendment's prohibition on cruel and unusual punishment by ensuring timely, specialized care, which courts have interpreted to include adequate healthcare for inmates. It promotes dignity and equity for incarcerated women without raising separation of powers concerns.
• Political Implications: Highlights bipartisan attention to women's health in corrections (introduced by Democratic representatives), potentially setting a model for state prisons or broader reforms. It could spark debates on prison spending versus inmate rights but emphasizes preventive care to avoid higher long-term costs from health complications.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Foushee, Valerie P. [D-NC-4]

Cosponsors (26)

Rep. Ansari, Yassamin [D-AZ-3], Rep. Kamlager-Dove, Sydney [D-CA-37], Rep. Johnson, Henry C. "Hank" [D-GA-4], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. McIver, LaMonica [D-NJ-10], Rep. Veasey, Marc A. [D-TX-33], Rep. Evans, Dwight [D-PA-3], Rep. Randall, Emily [D-WA-6], Rep. Lee, Summer L. [D-PA-12], Rep. Goldman, Daniel S. [D-NY-10], Rep. Thanedar, Shri [D-MI-13], Rep. Schakowsky, Janice D. [D-IL-9], Rep. Clarke, Yvette D. [D-NY-9], Rep. Tlaib, Rashida [D-MI-12], Rep. Frost, Maxwell [D-FL-10], Rep. Adams, Alma S. [D-NC-12], Rep. Sykes, Emilia Strong [D-OH-13], Rep. Stansbury, Melanie A. [D-NM-1], Rep. Brownley, Julia [D-CA-26], Rep. Kelly, Robin L. [D-IL-2], Rep. Simon, Lateefah [D-CA-12], Rep. Moore, Gwen [D-WI-4], Rep. Salinas, Andrea [D-OR-6], Rep. Chu, Judy [D-CA-28], Rep. Velázquez, Nydia M. [D-NY-7], Rep. Ross, Deborah K. [D-NC-2]

Recent Actions

• 2026-02-26: Referred to the House Committee on the Judiciary.
• 2026-02-26: Introduced in House
• 2026-02-26: Introduced in House

Bill Versions

• Ensuring OB–GYN Care in Prisons Act — issued 2026-02-26 — PDF (6 pages)