Bill Amendment: WV HB5243 | 2024 | Regular Session
Bill Title: Relating to Women’s Bill of Rights
Status: 2024-02-15 - To Judiciary [HB5243 Detail]
Download: West_Virginia-2024-HB5243-hb5243_sfa_caputo_1_3-9.html
HB5243 SFA Caputo #1 3-9
Smith 7922
Senator Caputo moved to amend the amendment by striking out everything after the enacting clause and inserting in lieu thereof the following:
"ARTICLE 4G. DIGNITY IN PREGNANCY ACT.
§16-4G-1. Dignity in Pregnancy Act named.
This article shall be known and may be cited as the "Dignity in Pregnancy Act."
§§16-4G-2. Definitions.
As used in this article:
(1) "Health care professional" means a physician or other health care practitioner licensed, accredited, or certified to perform specified physical, mental, or behavioral health care services consistent with his or her scope of practice under the laws of this state.
(2) "Implicit bias" means a bias in judgment or behavior that results from subtle cognitive processes, including implicit prejudice and implicit stereotypes that often operate at a level below conscious awareness and without intentional control.
(3) "Implicit prejudice" means prejudicial negative feelings or beliefs about a group that a person holds without being aware of them.
(4) "Implicit stereotypes" means the unconscious attributions of particular qualities to a member of a certain social group. Implicit stereotypes are influenced by experience and are based on learned associations between various qualities and social categories, including race or gender.
(5) "Perinatal care" means the provision of care during pregnancy, labor, delivery, and postpartum and neonatal periods.
(6) "Perinatal facility" means a hospital, clinic, or birthing center that provides perinatal care.
(7) "Pregnancy related death" means the death of a person while pregnant or within 365 days of the end of a pregnancy, irrespective of the duration or site of the pregnancy, from any cause related to, or aggravated by, the pregnancy or its management, but not from accidental or incidental causes.
§16-4G-3. Implicit bias training.
(a) Every perinatal facility in this state shall implement an evidence based implicit bias program for all health care professionals involved in the perinatal care of patients within such facility.
(b) An implicit bias program implemented pursuant to subsection (a) of this section shall include the following:
(1) Identification of previous or current unconscious biases and misinformation;
(2) Identification of personal, interpersonal, institutional, structural, and cultural barriers to inclusion;
(3) Corrective measures to decrease implicit bias at the interpersonal and institutional levels, including ongoing policies and practices for that purpose;
(4) Information on the effects, including, but not limited to, ongoing personal effects, of historical and contemporary exclusion and oppression of minority communities;
(5) Information about cultural identity across racial or ethnic groups;
(6) Information about communicating more effectively across identities, including racial, ethnic, religious, and gender identities;
(7) Discussion on power dynamics and organizational decision-making;
(8) Discussion on health inequities within the perinatal care field, including information on how implicit bias impacts maternal and infant health outcomes;
(9) Perspectives of diverse, local constituency groups and experts on particular racial, identity, cultural, and provider-community relations issues in the community; and
(10) Information on reproductive justice.
(c)(1) A health care professional shall complete initial basic training through the implicit bias program based on the components described in subsection (b) of this section.
(2) Upon completion of the initial basic training, a health care professional shall complete a refresher course under the implicit bias program every two years thereafter, or on a more frequent basis if deemed necessary by the perinatal facility, in order to keep current with changing racial, identity, and cultural trends and best practices in decreasing interpersonal and institutional implicit bias.
(d) Each perinatal facility in this state shall provide a certificate of training completion to another perinatal facility or a training attendee upon request. A perinatal facility may accept a certificate of completion from another perinatal facility to satisfy the training requirement contained in this code section from a health care professional who works in more than one perinatal facility.
(e) If a health care professional involved in the perinatal care of patients is not directly employed by a perinatal facility, the facility shall offer the training to such health care professional.
§16-4G-4. Data collection and reporting.
(a)(1) The Department of Human Services shall collect and track data on severe maternal morbidity, including, but not limited to, all of the following health conditions:
(A) Obstetric hemorrhage;
(B) Hypertension;
(C) Preeclampsia and eclampsia;
(D) Venous thromboembolism;
(E) Sepsis;
(F) Cerebrovascular accident; and
(G) Amniotic fluid embolism.
(2) The data on severe maternal morbidity collected pursuant to this subsection shall be published at least once every three years, after all of the following have occurred:
(A) The data has been aggregated by state regions, as defined by the department, to ensure data reflects how regionalized care systems are or should be collaborating to improve maternal health outcomes, or other smaller regional sorting based on standard statistical methods for accurate dissemination of public health data without risking a confidentiality or other disclosure breach; and
(B) The data has been disaggregated by racial and ethnic identity.
(b)(1) The department shall collect and track data on pregnancy related deaths, including, but not limited to, all of the conditions listed in subsection (a) of this code section, indirect obstetric deaths, and other maternal disorders predominantly related to pregnancy and complications predominantly related to the postpartum period.
(2) The data on pregnancy related deaths collected pursuant to this subsection shall be published, at least once every three years, after all of the following have occurred:
(A) The data has been aggregated by state regions, as defined by the department, to ensure data reflects how regionalized care systems are or should be collaborating to improve maternal health outcomes, or other smaller regional sorting based on standard statistical methods for accurate dissemination of public health data without risking a confidentiality or other disclosure breach; and
(B) The data has been disaggregated by racial and ethnic identity.
"
Adopted
Rejected