Counseling and Care of the Pregnant Offender

Idaho
Department of
Correction

Standard
Operating
Procedure
Title:
Counseling and Care of the Pregnant
Offender

Page:
1 of 4

Control Number:
401.06.03.058
Version:
4.0
Adopted:
00-00-2015

Pat Donaldson, chief of the Management Services Division, approved this
document on 11/27/2015.
Open to the public: Yes No
Redacted version available: Yes No
SCOPE
This standard operating procedure (SOP) applies to all Idaho Department of Correction
(IDOC) health care services staff, offenders, contract medical providers and subcon tractors.
Revision Summary
Revision date (11/27/2015) version 4.0: Periodic review to confirm accuracy and revise to align
with national standards. Title change from “Pregnancy Counseling”.
This revised SOP combines and makes obsolete;
 SOP 401.06.03.073 (Abortion)
 SOP 401.06.03.055 (Pregnant Offender)

TABLE OF CONTENTS

1. Counseling........................................................................................................................ 2
2. Staff/Offender Therapeutic Relationship ......................................................................... 2
3. Abortion ............................................................................................................................ 2
4. Prenatal Care ................................................................................................................... 3
5. Postpartum Care .............................................................................................................. 3
6. Infant: Placement and Responsibility ............................................................................... 3
7. Contraception ................................................................................................................... 3
8. Restraints ......................................................................................................................... 3

Control Number:
401.06.03.058
Version:
4.0
Title:
Counseling and Care of the Pregnant
Offender
Page Number:
2 of 4

Idaho Department of Correction
BOARD OF CORRECTION IDAPA RULE NUMBER 401
Medical Care
POLICY CONTROL NUMBER 401
Clinical Services and Treatment
PURPOSE
The purpose of this standard operating procedure (SOP) is to ensure that pregnant
offenders receive timely and appropriate counseling, prenatal care, specialized obstetrical
care when indicated, and postpartum care.
GENERAL REQUIREMENTS
The following requirements ensure that pregnant offenders and their fetuses are provided every
opportunity for healthy outcomes, and that the pregnant offender is afforded supportive
counseling and is not coerced into making any decision contrary to her expressed desires.
1. Counseling
The pregnant offender shall receive comprehensive counseling and assistance in
accordance with their expressed desires regarding their pregnancy, whether they elect
to keep the infant, use adoption services, or have an abortion.
2. Staff/Offender Therapeutic Relationship
Reproductive healthcare services shall be provided in a non-biased fashion regardless
of sex, race, religion, age, or marital status. Healthcare services staff shall not withhold
service or information from offenders due to their own personal or religious convictions.
The confidentiality of encounters and healthcare records shall be maintained.
3. Abortion
Pregnant offenders may request an abortion in consultation with a healthcare provider.
Pregnant offenders will be given information and counseling concerning the nature,
consequences and risks of the procedure, as well as information on alternatives
available when making a decision to continue or terminate a pregnancy. In accordance
with Idaho code 18-609 ( 3 )( c ), the information provided to the offender must include
the state-sponsored information that can be found at the following internet website;

http://www.healthandwelfare.idaho.gov/Portals/0/Health/Statistics/Misc%20Reports/Indu
ced%20Abortion%20Summary/Abortion_Web_12.pdf

If a woman offender requests an abortion, the request must be forwarded to the health
authority for referral to the deputy attorneys general (DAG) who represent the IDOC for a
formal legal opinion based on Idaho law.

As a general rule, abortion is considered an elective procedure unless the attending
obstetrician determines that it is medically necessary in order to protect the offender's
life or health; therefore, if provided, an abortion m ust be paid for by the offender.
Control Number:
401.06.03.058
Version:
4.0
Title:
Counseling and Care of the Pregnant
Offender
Page Number:
3 of 4

Idaho Department of Correction
4. Prenatal Care
Pregnant offenders who choose to continue their pregnancy shall receive obstetric care
as soon as the pregnancy is confirmed. Care will be provided by healthcare services and
through contractual arrangements with community providers and hospitals.
Each facility providing care to pregnant offenders shall have written guidelines
describing the medical and support services that will be provided through the entire
prenatal period, including, but not limited to, prenatal care, prenatal education,
transportation, referral to high risk care centers, nutritional guidance, appropriate levels
of activity, safety precautions and follow-up of chronic healthcare problems .
5. Postpartum Care
The delivering healthcare provider shall determine the timeframe for postpartum fo llow
up appointments for both vaginal and caesarean births.
6. Infant: Placement and Responsibility
Counselors and/or Case Managers will assist the pregnant offender to make an informed
decision regarding the placement of an infant born to her during incarcer ation. Neither
the IDOC nor the contract medical provider is responsible for the cost of care of the
infant after delivery. In all matters, compliance with appropriate Idaho law is required.
7. Contraception
Women of reproductive age should have the opportunity to consult with a qualified
health care professional (QHCP) regarding their future desires for either becoming
pregnant or preventing pregnancy. Upon release, health care staff can facilitate family
planning services by providing contact information for community-based resources that
will be available to the offender after release.
8. Restraints
Restraint in the third trimester and during labor and delivery should not be used except
when necessary due to serious threat of harm to the patient, staff, or others. If restraints
are deemed necessary, abdominal restraints, leg/ankle restraints, and wrist restraints
behind the back should not be used. Post-partum restraints should allow for the mother’s
safe handling of her infant and mother -infant bonding.
DEFINITIONS
Contract Medical Provider: A private company or other entity that is under contract with
the Idaho Department of Correction (IDOC) to provide comprehensive medical, dental,
and/or mental health services to the IDOC’s incarcerated offender population .
Facility Health Authority: The contract medical provider employee who is primarily
responsible for overseeing the delivery of medical services in an Idaho Department of
Correction (IDOC) facility.
Facility Medical Director: The highest ranking physician in an Idaho Department of
Correction (IDOC) facility.
Health Authority: The Idaho Department of Correction (IDOC) employee who is primarily
responsible for overseeing or managing the IDOC’s medical services. (The health authority
is commonly referred to as the health services director.)
Control Number:
401.06.03.058
Version:
4.0
Title:
Counseling and Care of the Pregnant
Offender
Page Number:
4 of 4

Idaho Department of Correction
Qualified Health Care Professional (QHCP): A physician, physician assistant, nurse
practitioner, nurse, dentist, mental health professional, or other health professional who —
by virtue of his education, training, credentials, and experience — is permitted by law (within
the scope of his professional practice) to educate, train, evaluate, provide services, and care
for patients
REFERENCES
National Commission on Correctional Health Care (NCCHC), Standards for Health Services
in Prisons , Standard P-G-08 Contraception, P-G-09 Counseling and Care of the Pregnant
Inmate
– End of Document –