Relates to maternal depression screenings; requires maternal health care providers providing pre- and postnatal care or pediatric care to the mother's infant to invite the mother to fill out a questionnaire to detect maternal depression.
STATE OF NEW YORK
________________________________________________________________________
5076--A
2021-2022 Regular Sessions
IN ASSEMBLY
February 10, 2021
___________
Introduced by M. of A. SOLAGES, BICHOTTE HERMELYN -- read once and
referred to the Committee on Health -- recommitted to the Committee on
Health in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the public health law, in relation to maternal
depression screenings
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 2500-k of the public health law is
2 amended by adding a new paragraph (c) to read as follows:
3 (c) "Questionnaire" means an assessment tool administered by a
4 licensed health care professional, to detect maternal depression such as
5 the Edinburgh Postnatal Depression Scale, the Postpartum Depression
6 Screening Scale, the Beck Depression Inventory, the Patient Health Ques-
7 tionnaire, or other validated assessment methods as approved by the
8 commissioner.
9 § 2. Subdivisions 3 and 4 of section 2500-k of the public health law,
10 subdivision 4 as renumbered by chapter 463 of the laws of 2017, are
11 renumbered subdivisions 4 and 5 and a new subdivision 3 is added to read
12 as follows:
13 3. Maternal depression screenings. (a) Maternal health care providers
14 providing prenatal care at a prenatal visit shall invite each pregnant
15 patient to complete a questionnaire and shall review the completed ques-
16 tionnaire in accordance with the formal opinions and recommendations of
17 the American College of Obstetricians and Gynecologists. Assessment for
18 maternal depression must be repeated when, in the professional judgment
19 of the maternal health care provider, a reasonable possibility exists
20 that the pregnant patient suffers from maternal depression.
21 (b) Maternal health care providers providing postnatal care to persons
22 who gave birth shall invite each patient to complete a questionnaire and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06422-02-2
A. 5076--A 2
1 shall review the completed questionnaire in accordance with the formal
2 opinions of the American College of Obstetricians and Gynecologists.
3 Assessment for maternal depression must be repeated when, in the profes-
4 sional judgment of the maternal health care provider, a reasonable
5 possibility exists that the pregnant patient suffers from maternal
6 depression.
7 (c) It is recommended that maternal health care providers make the
8 best efforts practicable to contact the person who gave birth within
9 twenty-one days from the date of delivery and use industry practices to
10 detect maternal depression pursuant to this section.
11 (d) Maternal health care providers providing pediatric care to an
12 infant shall invite the infant's mother to complete a questionnaire at
13 any well-child check-up at which the mother is present prior to the
14 infant's first birthday, and shall review the completed questionnaire in
15 accordance with the formal opinions and recommendations of the American
16 College of Obstetricians and Gynecologists, in order to ensure that the
17 health and well-being of the infant is not compromised by an undiagnosed
18 condition of maternal depression in the mother. Assessment for maternal
19 depression must be repeated when, in the professional judgment of the
20 maternal health care provider, a reasonable possibility exists that the
21 pregnant patient suffers from maternal depression.
22 (e) Consent from the mother must be obtained before a maternal health
23 care provider may share results from an assessment with the mother's
24 primary licensed health care professional, unless the mother is deter-
25 mined to present a danger to herself or others.
26 § 3. This act shall take effect on the one hundred eightieth day after
27 it shall have become a law. Effective immediately, the addition, amend-
28 ment and/or repeal of any rule or regulation necessary for the implemen-
29 tation of this act on its effective date are authorized to be made and
30 completed on or before such effective date.
