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
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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.