The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3016

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2019
                               ___________

Introduced  by  M.  of A. SOLAGES, BICHOTTE -- read once and referred 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
LICENSED HEALTH CARE PROFESSIONAL, TO DETECT MATERNAL DEPRESSION SUCH AS
THE  EDINBURGH  POSTNATAL  DEPRESSION  SCALE,  THE POSTPARTUM DEPRESSION
SCREENING SCALE, THE BECK DEPRESSION INVENTORY, THE PATIENT HEALTH QUES-
TIONNAIRE, OR OTHER VALIDATED ASSESSMENT  METHODS  AS  APPROVED  BY  THE
COMMISSIONER.
  §  2. Subdivisions 3 and 4 of section 2500-k of the public health law,
subdivision 4 as renumbered by chapter 463 of  the  laws  of  2017,  are
renumbered subdivisions 4 and 5 and a new subdivision 3 is added to read
as follows:
  3.  MATERNAL DEPRESSION SCREENINGS. (A) MATERNAL HEALTH CARE PROVIDERS
PROVIDING PRENATAL CARE AT A PRENATAL VISIT SHALL INVITE  EACH  PREGNANT
PATIENT TO COMPLETE A QUESTIONNAIRE AND SHALL REVIEW THE COMPLETED QUES-
TIONNAIRE  IN ACCORDANCE WITH THE FORMAL OPINIONS AND RECOMMENDATIONS OF
THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS. ASSESSMENT  FOR
MATERNAL  DEPRESSION MUST BE REPEATED WHEN, IN THE PROFESSIONAL JUDGMENT
OF THE MATERNAL HEALTH CARE PROVIDER, A  REASONABLE  POSSIBILITY  EXISTS
THAT THE PREGNANT PATIENT SUFFERS FROM MATERNAL DEPRESSION.
  (B)  MATERNAL  HEALTH CARE PROVIDERS PROVIDING POSTNATAL CARE TO WOMEN
SHALL INVITE EACH PATIENT TO COMPLETE A QUESTIONNAIRE AND  SHALL  REVIEW
THE  COMPLETED  QUESTIONNAIRE  IN ACCORDANCE WITH THE FORMAL OPINIONS OF
THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS.  ASSESSMENT FOR
MATERNAL DEPRESSION MUST BE REPEATED WHEN, IN THE PROFESSIONAL  JUDGMENT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD05055-01-9

A. 3016                             2

OF  THE  MATERNAL  HEALTH CARE PROVIDER, A REASONABLE POSSIBILITY EXISTS
THAT THE PREGNANT PATIENT SUFFERS FROM MATERNAL DEPRESSION.
  (C)  MATERNAL  HEALTH  CARE  PROVIDERS  PROVIDING PEDIATRIC CARE TO AN
INFANT SHALL INVITE THE INFANT'S MOTHER TO COMPLETE A  QUESTIONNAIRE  AT
ANY  WELL-CHILD  CHECK-UP  AT  WHICH  THE MOTHER IS PRESENT PRIOR TO THE
INFANT'S FIRST BIRTHDAY, AND SHALL REVIEW THE COMPLETED QUESTIONNAIRE IN
ACCORDANCE WITH THE FORMAL OPINIONS AND RECOMMENDATIONS OF THE  AMERICAN
COLLEGE  OF OBSTETRICIANS AND GYNECOLOGISTS, IN ORDER TO ENSURE THAT THE
HEALTH AND WELL-BEING OF THE INFANT IS NOT COMPROMISED BY AN UNDIAGNOSED
CONDITION OF MATERNAL DEPRESSION IN THE MOTHER.  ASSESSMENT FOR MATERNAL
DEPRESSION MUST BE REPEATED WHEN, IN THE PROFESSIONAL  JUDGMENT  OF  THE
MATERNAL  HEALTH CARE PROVIDER, A REASONABLE POSSIBILITY EXISTS THAT THE
PREGNANT PATIENT SUFFERS FROM MATERNAL DEPRESSION.
  (D) CONSENT FROM THE MOTHER MUST BE OBTAINED BEFORE A MATERNAL  HEALTH
CARE  PROVIDER  MAY  SHARE  RESULTS FROM AN ASSESSMENT WITH THE MOTHER'S
PRIMARY LICENSED HEALTH CARE PROFESSIONAL, UNLESS THE MOTHER  IS  DETER-
MINED TO PRESENT A DANGER TO HERSELF OR OTHERS.
  § 3. This act shall take effect on the one hundred eightieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation 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.