The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2870
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2023
                                ___________
 
 Introduced  by  M. of A. SOLAGES, BICHOTTE HERMELYN, KELLES -- 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 PERSONS
 WHO GAVE BIRTH 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 PROFES-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03810-01-3

 A. 2870                             2
 
 SIONAL  JUDGMENT  OF  THE  MATERNAL  HEALTH  CARE PROVIDER, A REASONABLE
 POSSIBILITY EXISTS THAT  THE  PREGNANT  PATIENT  SUFFERS  FROM  MATERNAL
 DEPRESSION.
   (C)  IT  IS  RECOMMENDED  THAT MATERNAL HEALTH CARE PROVIDERS MAKE THE
 BEST EFFORTS PRACTICABLE TO CONTACT THE PERSON  WHO  GAVE  BIRTH  WITHIN
 TWENTY-ONE  DAYS FROM THE DATE OF DELIVERY AND USE INDUSTRY PRACTICES TO
 DETECT MATERNAL DEPRESSION PURSUANT TO THIS SECTION.
   (D) 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.
   (E)  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 on or before such effective date.