Chapter 421 — Department of Corrections Institutions; Compacts GENERAL PROVISIONS 421.175 Use of mechanical restraints during labor, childbirth or postpartum recovery

ORS 421.173 Doula program for pregnant and postpartum adults in custody

(1)

The Department of Corrections shall establish a doula program for pregnant and postpartum adults in custody at the Coffee Creek Correctional Facility.

(2)

The doula program must provide doula services to adults in custody who are pregnant or who have given birth in the last year. Persons providing doula services must be granted appropriate facility access, must be allowed to attend and provide assistance during labor and childbirth when feasible and must have access to the adult in custody’s relevant health information if the adult in custody authorizes disclosure.

(3)

The department shall have one employee serve as the contact and coordinator for all persons providing doula services at the Coffee Creek Correctional Facility.

(4)

Doula services are services provided by a trained doula that are designed to provide physical, emotional or informational support to a pregnant adult before, during and after delivery of a child. Doula services provided to adults in custody at the Coffee Creek Correctional Facility must include, but are not limited to:

(a)

Prenatal, postpartum and parent education;

(b)

Development of a trauma-informed and culturally specific birth plan for each pregnant adult in custody;

(c)

In-person attendance by a doula at routine prenatal visits, ultrasound imaging appointments and lab testing appointments;

(d)

Consultation and participation in the determination of the stages and progression of labor when determining the transport to a hospital or other delivery facility;

(e)

Culturally specific and trauma-informed support and assistance during labor and childbirth and the postpartum period;

(f)

Assistance with breastfeeding or milk expression after childbirth if requested by the adult in custody;

(g)

Enrollment of the adult in custody in the breastfeeding program and in a breastmilk transportation program for delivery of the mother’s milk to the infant, including facilitating access to a breast pump and pumping supplies; and

(h)

Support in the event an adult in custody has been or will become separated from her child.

(5)

Services provided under this section may not supplant health care services routinely provided to adults in custody.

(6)

For each adult in custody who is being provided transport to a hospital for labor and delivery, the department transport officer shall have a checklist of the policies to be adhered to during the transport and a copy of the birth plan.

(7)

If it is not feasible for a doula to attend and provide assistance during the labor and delivery of an adult in custody, the reason for the lack of feasibility for a doula’s attendance must be documented in the adult in custody’s medical file and an alternative birth plan must be developed, implemented and documented in the medical file.

(8)

The department may partner with community professionals who have been credentialed in their line of service, trained or otherwise have specific expertise to provide the doula services described in this section.

(9)

As used in this section, “postpartum period” means a period of one year following childbirth. [2023 c.311 §1]

Note: 421.173 becomes operative June 1, 2024. See

section 6, chapter 311, Oregon Laws 2023.

Note: 421.173 to 421.178 were enacted into law by

the Legislative Assembly but were not added to or made a part of ORS chapter 421 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 421.175 Use of mechanical restraints during labor, childbirth or postpartum recovery. (1) An adult in custody may not be restrained mechanically during labor, childbirth or postpartum recovery in a hospital unless:

(a)

The mechanical restraints are reasonably necessary, as determined by a supervising officer, for the safety and security of the adult in custody, correctional staff, other persons or the public; and

(b)

The attending physician determines that use of the mechanical restraints does not present a medical risk to the adult in custody.

(2)

Notwithstanding subsection (1) of this section, the use of a mechanical restraint:

(a)

May not interfere with the adult in custody’s ability to hold the infant, nurse the infant, establish a milk supply, obtain lactation support or receive other postpartum recovery care from hospital staff.

(b)

Must be in the least restrictive manner possible.

Note: 421.175 becomes operative June 1, 2024. See

section 6, chapter 311, Oregon Laws 2023.

Note: See second note under 421.173.