The Unconscious Bias Bill Important Update: Birth in Color and Our Coalition Partners do not support the Governor's alterations to SB35.
Read below for details.
The Unconscious Bias Bill Important Update: Birth in Color and Our Coalition Partners do not support the Governor's alterations to SB35. Read below for details.
Update: April 8, 2024
📣 Hello Reproductive Justice Advocates!
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Last week, we hand-delivered 37,000 signatures straight to the Governor’s doorstep, championing our Right to Contraception legislation (SB237/HB609) in Virginia!
HB 609 and SB 237 establish a fundamental right for individuals to access contraceptives and engage in contraception as outlined in the legislation. They also introduce legal recourse against anyone who violates this right. Both bills mirror each other in their provisions, emphasizing the importance of ensuring access to contraception and protecting individuals’ reproductive freedoms.
At the heart of the movement were the compelling testimonies of Delegate Rae Cousins and Delegate Destiny LaVere Bolling, along with the unwavering support of advocates from the Virginia League for Planned Parenthood and Red Wine and Blue Virginia. Standing shoulder to shoulder with us was Delegate Michael Jones, a champion of these bills as well.
Our collective message to Governor Youngkin is clear: Sign this crucial legislation to ensure unfettered access to essential healthcare services.
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We’re so excited and incredibly proud to share that the Doula Care Private Insurance Coverage Bill has been signed into law!
This is a significant step forward in ensuring access to essential doula services for birthing individuals across Virginia. We extend our deepest gratitude to everyone who tirelessly advocated for this bill, from dedicated organizations and advocates to the esteemed legislators who introduced it:
Delegate Destiny L. LeVere Bolling
Senator Mamie E. Locke (Chief Patron)
Delegate Jennifer D. Carroll Foy (Chief Co-Patron)
Our collective commitment to maternal health and equity has brought us closer to making doula care accessible to all who need it.
But, the journey is not over yet. While it’s a milestone worth celebrating, it’s essential to recognize that the bill still requires one more passage before it’s fully enacted.
We pledge to continue our advocacy efforts to ensure that there are minimal barriers to entry and that private insurance coverage extends to all community doulas and dedicated workers who have been providing invaluable support throughout the commonwealth.
Every action counts towards building a more inclusive and equitable maternal care system.
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HB 831 has been approved by the governor!
This bill directs the Office of the Chief Medical Examiner and the Maternal Mortality Review Team to convene a work group to expand the work of the Maternal Mortality Review Team.
The bill specifies that the Maternal Mortality Review Team's expansion plan shall include certain plans for data collection, data review, and development and implementation of policies and recommendations. The work group is required to report its findings and provide its plan to the Chairmen of the House Committees on Appropriations and Health and Human Services and the Senate Committees on Finance and Appropriations and Education and Health by July 1, 2026.
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See the Richmond Times Coverage Here
We gathered at the General Assembly Building to discuss two historic declarations!
Thank you Senator Aird, Delegate Levere Bolling, and Mayor Stoney for sharing, championing, and always uplifting Black Maternal Health and Black Women.
The Black Maternal Health Week Declaration — From April 11-17, we’re shining a spotlight on the critical issue of Black Maternal Health. Thanks to Senate Joint Resolution No. 23 and House Joint Resolution No. 44, spearheaded by Senator Lashrecse Aird and Delegate Destiny LeVere Bolling, Virginia will now observe this essential awareness week annually.
The Black Women’s Heritage Month Declaration — Let’s celebrate the profound impact of Black women throughout history! With the passage of House Joint Resolution No. 8, introduced by Delegate Joshua Cole, April is now officially recognized as Black Women’s Heritage Month in Virginia.
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Read the Stateline article by Nada Hassanein featuring Kenda Sutton-EL and Birth in Color
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Follow us on Instagram for real-time updates during VA General Assembly!
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Your voice, and your experiences, are extremely important. If you’ve had an experience that one of our bills addresses, you can share your testimony with policymakers.
IMPORTANT - The Governor's amendments to this SB35, the Unconscious Bias Bill, make significant negative changes to the nature and purpose of this legislation. Birth In Color and our coalition partners who worked tirelessly for years to arrive at a strong bipartisan bill do not support the Governor's alterations. Here is our statement on the Governor's amendments from Kenda Sutton-EL:
"We are disappointed to see that the governor has chosen to significantly change the nature and purpose of SB35 - the unconscious bias training bill. The purpose of the bill is to address unconscious bias in medical care that negatively impacts all people, including women of color, pregnant people, and people in other areas of medicine. Removing the requirement for evidence-based training and removing the requirement that this training be a continuing part of medical professionals' continuing education changes this from a bill that has the potential to make an actual change in the delivery of medical care to marginalized communities into a simple checkbox.
We don't need another checkbox.
What we need is evidence-based training that focuses on the practice of medicine and its delivery and the unconscious biases and their effects. In removing the evaluation component, the governor has also rendered this bill toothless making it impossible to find out whether the training is working and the scope of effect it is having on maternal health outcomes - a specific concern for our organization and many of our partners.
We sincerely hope that the legislature chooses to reject this anemic version of the bill and restore the robust legislation that passed on a bipartisan basis and was supported by community health care organizations, religious organizations, medical organizations, and others who have direct contact with the populations impacted by unconscious bias in medicine."
- Kenda Sutton-el, Executive Director, Birth In Color.
Please also urge the Governor to sign the original version of the bill. You can find the contact information here - contact governor glenn youngkin of Virginia (contactgovernors.com).
Key Issues We’re
Focusing on this Year
We’ve made it easy to contact legislators about each of these bills. You can find their email addresses, as well as pre-written emails to copy and paste right here!
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(Sen. Head, Sen. Williams Graves, Del. King)
Click to Read the Factsheet
1/17/2024 — Referred to Committee on Health and Human Services, Sub Health
Can be heard as early as Tuesday, January 23, 2024.
A budget amendment has to accompany this bill. It has been filed in both the House and Senate by the bill’s patrons. House Budget Amendment, Senate Budget Amendment
We are running parallel bills in the House and Senate that may look different, but have the ultimate goal of providing assistance to folks who have suffered a stillbirth during or after the 20th week of pregnancy.
The assistance will either look like money from a fund or a refundable tax credit to provide families with a little bit of money to cover things like unexpected additional medical bills, funeral or cremation expenses, coverage for unpaid time off to grieve and recover, and other expenses that may arise.
We believe families who go through the tragedy of stillbirth should not be left out in the cold and deserve some form of assistance and acknowledgment during this difficult time. -
(Sen. Aird, Del. LeVere Bolling)
Click to read the fact shee
Senate Updates
SJ23 was reported from rules by voice vote and will be the third reading in the Senate this week. People should contact their state senators since this is the Senate full vote. Was part of uncontested bills in the Senate and passed on the uncontested bill docket. Now off to the House.
House Updates
02/01/24 House: Reported from Rules (16-Y 0-N) Should be voted on by the full House by the end of this week.
01/09/24 Senate: Referred to Committee on Rules. This Committee meets on the call of the Chair and has not been scheduled for a hearing yet. We will let you know when there is a meeting scheduled and when this bill is on a docket for this committee.
01/09/24 House: Committee Referral Pending
There is a National Black Maternal Health Week, we have brought one to Richmond, and given the dismal maternal mortality numbers Virginia still has, we believe it is time to bring an official Black Maternal Health Week declaration to the whole Commonwealth. We are proud to support the establishment of a Black Maternal Health Week in Virginia. -
(Sen. Aird, Del. Cousins)
Click to read the fact sheet
Senate Updates:
02/02/24 Senate: Reported from Rules with amendments (14-Y 0-N)
02/02/24 Senate: Rereferred to Finance and Appropriations, Tuesday 9:00 a.m. and Wednesday 9:00 a.m., Senate Room A, Thursday 4:30 p.m. Upon call of the Chair, Senate Room A, General Assembly Building
House Updates:
02/05/2024 House: HB831 as been reported out of the appropriations subcommittee.
01/30/24 House: Referred to Committee on Appropriations
01/30/24 House: Assigned App. sub: Health & Human Resources
02/02/24 House: Subcommittee recommends reporting (8-Y 0-N) Appropriations meetings - Meeting Time: Half an hour after adjournment; Meeting Day: Monday, Wednesday, and Friday; Meeting Location: House Appropriations Committee Room - 1200
We know that disparities exist not just in maternal mortality but also morbidity, yet in Virginia, unlike many other states, we do not track or research this data systematically; nor does the current Maternal Mortality Review Team include doulas or community healthcare workers who can bring community-based perspective to the work on the maternal mortality crisis.
We are pushing for an expansion of the mandate of the Maternal Mortality Review team and the inclusion of doulas and community healthcare workers in the process.
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(Sen. Carroll Foy, Del. King)
Click to read the factsheet
Senate Updates:
The bill has been re-referred to Appropriations. Meeting times/dates: Tuesday, February 6, 2024 @ 9:00 a.m.; Wednesday, February 7, 2024 @ 9:00 a.m.
House Updates
01/30 House: The bill was laid on the table with a letter. We would like to thank Del. Anthony for carrying this bill.
We know that Fetal and Infant Mortality carries the same disparities as maternal mortality. Too often families lose a pregnancy or suffer the loss of an infant with no explanation.
It is time Virginia joins an expanding number of states tracking and investigating these losses to create positive policy changes so we can prevent preventable losses and help families find answers.
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(Sen. Head, Sen. Locke, Del. Hayes, Del. Coyner)
Click to read the fact sheet
House Updates
02/02/24 House: Engrossed by House - committee substitute HB1130H1 Will be heard 3rd time today 2/5/2024
02/02/24 House: Committee substitute agreed to 24106251D-H1
02/01/24 House: Read first time 02/02/24 House: Read second time
01/30/24 House: Reported from Health and Human Services with substitute (14-Y 8-N)
01/30/24 House: Committee substitute printed 24106251D-H1
01/30/24 House: Incorporates HB32 (Clark)
Senate Updates
01/31/24 Senate: Reported from Finance and Appropriations (15-Y 0-N)
02/01/24 Senate: Constitutional reading dispensed (40-Y 0-N)
02/02/24 Senate: Read second time 02/02/24 Senate: Reading of substitute waived
02/02/24 Senate: Committee substitute agreed to 24105992D-S1
02/02/24 Senate: Engrossed by Senate - committee substitute SB35S1 Will be heard and voted on today 2/5/2024
We at Birth and Color hear stories every day about black and brown pregnant people not being listened to, respected, or treated fairly by the medical system. We also hear from medical professionals that harmful racial stereotypes and myths are still being taught and believed in medical schools, hospitals, and by the doctors and nurses who then apply this misinformation to disastrous results. It’s time Virginia mandates that our medical professionals receive training in unconscious bias to hopefully improve patient outcomes across the board.
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(Sen. Salim, Del. Helmer)
Click to read the factsheet
Senate Updates
02/01 Senate: The bills will be amended and passed by for the week, they will be heard probably sometime next week. We are working on appropriate amendments. The last time for it to be heard is this upcoming Tuesday.
01/26 Senate: Assigned Education and Health Sub: Health, will be heard this week. Tuesday, 4:00 p.m., Senate Room C; TSB335 to be rolled into SB333, with amendments.
House Updates
02/01/24 House: Subcommittee recommends reporting with substitute (7-Y 0-N)
02/01/24 House: Subcommittee recommends referring to Committee on Appropriations Tuesday and Thursday 8:30 a.m., House Committee Room C-206, General Assembly Building
HB560 02/01/24 House: Referred to Committee on Appropriations 02/02/24 House: Assigned App. sub: Health & Human Resources Friday, Immediately upon adjournment of the House, House Appropriations Committee Room - 1200, General Assembly Building
HB278 - 01/17/24 House: Assigned sub: Social Services. May be heard as early as Thursday, January 25, 2024.
Reproductive justice isn’t just about abortion and pregnancy prevention — it also covers who can get pregnant and how.When someone receives a devastating cancer diagnosis and the news that treatment can lead to infertility, they might have only days to decide whether they will pursue fertility preservation.
This can be especially devastating for those on Medicaid, but even for most people with private health insurance, fertility preservation is not covered and the costs are enormous.
We want to start the conversation in the legislature around ensuring that those who want to have kids after cancer are given the opportunity to do so, regardless of their income.
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(Sen. Locke, Del. LeVere Bolling)
Click to read the fact sheet
House Updates
01/30/24 House: Subcommittee recommends reporting with substitute (7-Y 0-N)
02/01/24 House: Reported from Labor and Commerce with substitute (22-Y 0-N)
02/01/24 House: Committee substitute printed 24105534D-H1 Will be heard on Floor this week.
Senate Updates
It was supposed to be heard in Senate Labor and Commerce this week but was not. The last day for this bill to be heard is next MONDAY 15 minutes after adjournment - members to contact - Deeds (Chair), Obenshain, Lucas, Marsden, Ebbin, Surovell, Stanley, McDougle, Locke, Reeves, DeSteph, McPike, Peake, Rouse, Bagby
Was heard on 2/5/2024.
A bill to ensure that doulas are covered by private insurance. We know that Doulas are a vital part of the fight to fix the maternal fetal and infant mortality and morbidity disparities.
Doulas can help avoid unnecessary cesarean sections and other unnecessary interventions, improve maternal and infant health outcomes, and overall improve the experience of pregnant persons of color during pregnancy, birth, and the post-partum period.
Legislation We Support
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Unfortunately, the Governor has sent this bill back down to the legislature with a language amendment, adding an unnecessary religious exemption to the bill. We are working with our partners to ensure that the bill is signed by the Governor is the best possible version for Virginia's patients.
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Menstrual data privacy: A bill to protect our menstrual data held by private corporations from warrants and searches by the government.
This bill has passed both chambers and is on its way to the Governor's office for veto or signature.
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Extradition Protection: A bill to protect patients, helpers, and providers for obtaining or providing abortion care that is legal in Virginia.
This bill has passed both House and Senate and is on its way to the Governor's office for veto or signature.
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Board of Medicine: A bill to ensure that our providers are not punished for providing necessary healthcare.
This bill is on its way to the Governor's office as well for veto or signature.
Recap of Our
Advocacy Day!
Advocacy Day Recap:
Birth in Color’s Advocacy Day was a success! We had a group of 50 advocates join us to meet with legislators, visit the House and Senate Galleries, and share their personal experiences and stories related to our reproductive justice bills. As citizens of our Commonwealth, it is so important to use the power of our voices and testimonies.
Our bills are all still in committee, so this week’s in-person advocacy was extremely important to us; this gave us the opportunity to bring even more awareness to the important issues our bills address. Families across Virginia deserve for our elected officials to advocate for us, our health, our kids, and our wellbeing.
A special thank you to Senator Aird, Delegate Cousins, Delegate Hayes, Senator Salim, Delegate Herring, Senator Locke, Senator Carroll-Foy, Senator Hashmi, Delegate LeVere Bolling, Senator Williams Graves, Senator Bagby, Delegate Helmer, Delegate Carr, Delegate King, Delegate Feggans, Delegate Hernandez, Delegate Cole, Delegate Tran, and their staffs for taking the time to hear from us and learn more about the legislation we want to see passed in our state.
We’d also like to thank Families Forward VA for collaborating on this Advocacy event with us!
“2023 was my first year participating with Birth in Color for Advocacy Day — I was a bit nervous but felt at ease with the team! It was a great experience and I look forward to being a part of Advocacy Day again.
Standing and speaking up for the rights of women is what our community needs! We need more advocates to be the voices of those who feel unheard. ”
Brandy Witcher — Birth in Color LYH Doula
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Your voice, and your experiences, are extremely important. If you’ve had an experience that one of our bills addresses, you can share your testimony with policymakers.
Reproductive justice advocate Kenda Sutton-EL attended and spoke at the press conference regarding Senator Hashmi's SB 237/Delegate Price's HB609 Right to Contraception Act which "establishes a right to obtain contraceptives and engage in contraception, as defined in the bill. The bill creates a cause of action that may be instituted against anyone who infringes on such right."
Both bills passed the initial round of their respective chambers and are now moving through the opposite chamber before they arrive at the Governor's desk later this year.
As she discussed the importance of securing access to reproductive rights and healthcare, Kenda Sutton-EL stated:
"Let me be clear, all these bans would fall harder on Black people, LGBTQ+ people, and low-income people. Just like banning abortion, banning contraception just means that those with money and privilege will be able to access contraceptives, leaving a lot of other people out. We cannot and will not allow Virginia to do what so many deep-red states are attempting to do. That's why BIC is proud to be in this fight with our organizational partners here today, among the great legislators such as [Sen.] Hashmi and [Del.] Price who always lead the way when it comes to Black maternal health outcomes and also the fight for Reproductive Justice."
You can read more about the press conference as covered by these news outlets:
Richmond Times Dispatch, WRIC (also ran on WAVY in Hampton Roads and WXFR in Roanoke and DC News Now), WVTF, The Washington Post, U.S. News and World Report, and you can watch the conference on Blue Virginia.
