1. The Department shall provide an offender who is pregnant and in the custody of the Department access to necessary medical and behavioral health care services, including, without limitation, obstetrical services. 2. Subject to the approval of the Director, the warden of each institution and the manager of each facility shall adopt a policy for the prenatal and postnatal care of offenders. Any such policy must be consistent with any other applicable laws or regulations. 3. A policy adopted pursuant to subsection 2 must include, without limitation: (a) A requirement that each offender who is pregnant receive: (1) Training, educational programming or written materials concerning prenatal care, pregnancy, hygiene and health concerns relating to pregnancy, the impact of alcohol and drugs on a fetus, labor, the care of newborns and the postpartum period; (2) Prenatal vitamins or supplements, as deemed necessary by the Medical Director; (3) A diet containing the nutrients necessary to maintain a healthy pregnancy, as deemed necessary by the Medical Director; (4) Any hygiene products which are reasonably necessary and specifically designed for a person who is pregnant; and (5) Counseling regarding parenting skills; and (b) A requirement that each offender who delivers a baby while in the custody of the Department: (1) Receives appropriate, trauma-informed medical care at the institution or facility, including, without limitation, treatment for postpartum depression; (2) Receives counseling regarding parenting skills upon the request of the offender; and (3) To be provided an opportunity to bond with a baby delivered while in the custody of the Department for a minimum period of not less than 72 hours after delivery. 4. The counseling and written materials required by subsection 3 must be communicated or written in easily understood language. 5. The Department shall develop and adopt a policy to be carried out in each institution and facility concerning the physical and mental health of offenders who are pregnant. In developing such a policy, the Department shall take into consideration the impact of certain actions on the offender and the fetus, including, without limitation, the impact of: (a) The use of restraints; and (b) An invasive body cavity search. 6. The Department shall adopt any regulations necessary to carry out the provisions of this section. 7. Nothing in this section shall be construed to require an institution or facility to adopt any policy that does not comply with federal law or regulation.
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