Int. No. 902
By Council Members Lee, Riley, Louis, Narcisse and Hudson
A Local Law to amend the administrative code of the city of New York, in relation to mental health protocols for pregnant and postpartum individuals in the custody of the department of correction
Be it enacted by the Council as follows:
Section 1. Chapter 1 of title 9 of the administrative code of the city of New York is amended by adding a new section 9-177 to read as follows:
§ 9-177 Mental health protocols for pregnant and postpartum individuals. a. Definitions. As used in this section, the following terms have the following meanings:
Correctional health services. The term “correctional health services” means the New York city health and hospitals corporation, including any subsidiary or division thereof, or such other entity that provides health and mental health services to individuals in the custody of the department pursuant to a contract or other agreement with the city.
Postpartum individual. The term “postpartum individual” means an individual in the custody of the department whose pregnancy ended within the previous 12 months, regardless of pregnancy outcome.
Pregnant individual. The term “pregnant individual” means an individual in the custody of the department who is pregnant.
b. The department, in coordination with correctional health services, shall establish and maintain written protocols governing the identification, screening, referral, monitoring, and follow-up care of pregnant individuals and postpartum individuals who have, or may have, mental health needs. The department shall review such protocols, and revise them as necessary, no less frequently than once every 2 years.
c. The protocols required by subdivision b of this section shall, at a minimum, address each of the following:
1. Identification of pregnancy status and postpartum status during intake and at clinically appropriate intervals thereafter, including procedures for identifying postpartum status when an individual does not proactively disclose such status through review of available clinical information, clinically appropriate questioning, or other appropriate means;
2. Timely referral for prenatal care, postpartum care, and mental health care;
3. Mental health screening, including screening for perinatal mood and anxiety disorders, at intake and follow-up screening at clinically appropriate intervals during the period of custody;
4. Expedited psychiatric evaluation when an individual demonstrates acute psychiatric symptoms, including but not limited to psychosis, severe depression, suicidal ideation, or an inability to care for oneself, and written escalation criteria for determining when such evaluation is required;
5. Referral to hospital-based care when a higher level of care is clinically indicated;
6. Documentation of all referrals, evaluations, and follow-up care provided pursuant to this section, including a requirement that relevant clinical records or summaries accompany the individual upon transfer to a hospital, state correctional facility, or other custodial setting, consistent with applicable law; and
7. Discharge or transfer planning to support continuity of obstetric, postpartum, mental health, medication, and community-based care upon release, transfer to a state correctional facility, transfer to a hospital or other facility, or return to the community.
d. No later than 30 days after establishing or revising the protocols required by this section, the department shall post such protocols on its website, provided that the department may redact information from such protocols where disclosure would compromise patient privacy, facility security, or the safe delivery of clinical care.
e. The department shall make the protocols required by this section available to staff of the department and of correctional health services who are involved in the care of pregnant individuals or postpartum individuals.
§ 2. This local law takes effect 180 days after it becomes law, except that the commissioner of correction may take such measures as are necessary for its implementation, including the establishment of the protocols required by section 9-177 of the administrative code of the city of New York, as added by section one of this local law, before such date.
JW
LS # 24021
5.7.26