S T A T E O F N E W Y O R K
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1319
2017-2018 Regular Sessions
I N S E N A T E
January 9, 2017
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Introduced by Sen. PERSAUD -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
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:
Section 1. Subdivision 1 of section 2500-k of the public health law is
amended by adding a new paragraph (c) to read as follows:
(C) "QUESTIONNAIRE" MEANS AN ASSESSMENT TOOL ADMINISTERED BY A MATER-
NAL HEALTH CARE PROVIDER OR THEIR AGENT, TO DETECT MATERNAL DEPRESSION
SUCH AS THE EDINBURGH POSTNATAL DEPRESSION SCALE, THE POSTPARTUM
DEPRESSION SCREENING SCALE, THE BECK DEPRESSION INVENTORY, THE PATIENT
HEALTH QUESTIONNAIRE, OR OTHER VALIDATED ASSESSMENT METHODS AS APPROVED
BY THE COMMISSIONER.
§ 2. Subdivision 3 of section 2500-k of the public health law is
renumbered subdivision 4 and a new subdivision 3 is added to read as
follows:
3. MATERNAL DEPRESSION SCREENINGS. (A) MATERNAL HEALTH CARE PROVIDERS
PROVIDING PRENATAL CARE SHALL AT A PRENATAL VISIT OFFER EACH PREGNANT
PATIENT A QUESTIONNAIRE FOR THE PURPOSE OF SCREENING THE PATIENT FOR
DEPRESSION IN ACCORDANCE WITH NATIONAL STANDARDS. THE MATERNAL HEALTH
CARE PROVIDER SHALL PROVIDE TREATMENT OR REFER WHEN APPROPRIATE, IN
ACCORDANCE WITH NATIONAL STANDARDS, ANY WOMAN WHO TEST POSITIVE ON THE
QUESTIONNAIRE AND WHO CONSENTS TO SUCH TREATMENT OR REFERRAL.
(B) MATERNAL HEALTH PROVIDERS PROVIDING POSTNATAL CARE TO WOMEN SHALL
THEMSELVES OR THROUGH THEIR AGENTS OFFER A QUESTIONNAIRE FOR THE PURPOSE
OF SCREENING THE WOMAN FOR DEPRESSION. THE MATERNAL HEALTH CARE PROVIDER
SHALL PROVIDE TREATMENT OR REFER WHEN APPROPRIATE, IN ACCORDANCE WITH
NATIONAL STANDARDS, ANY WOMAN WHO TESTS POSITIVE ON THE QUESTIONNAIRE
AND WHO CONSENTS TO SUCH TREATMENT OR REFERRAL.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02138-01-7
S. 1319 2
(C) MATERNAL HEALTH CARE PROVIDERS PROVIDING PEDIATRIC CARE TO AN
INFANT SHALL THEMSELVES OR THROUGH THEIR AGENTS OFFER THE INFANT'S MOTH-
ER A QUESTIONNAIRE AT ANY WELL-CHILD CHECK-UP AT WHICH THE MOTHER IS
PRESENT PRIOR TO THE INFANT'S FIRST BIRTHDAY. MATERNAL HEALTH CARE
PROVIDERS SHALL PROVIDE TREATMENT OR REFER WHEN APPROPRIATE IN ACCORD-
ANCE WITH NATIONAL STANDARDS, ANY WOMAN WHO TESTS POSITIVE ON THE QUES-
TIONNAIRE AND WHO CONSENTS TO SUCH TREATMENT OR REFERRAL.
(D) CONSENT FROM THE MOTHER MUST BE OBTAINED BEFORE DISCLOSING THE
RESULTS OF THE ASSESSMENT UNLESS THE MOTHER IS DETERMINED TO PRESENT A
DANGER TO HERSELF OR OTHERS OR UNLESS OTHERWISE AUTHORIZED BY APPLICABLE
LAW OR REGULATIONS.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed by the commissioner of health on or
before such effective date.