Senate Bill S10683

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10683
 
                             I N  S E N A T E
 
                              August 17, 2026
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public health law, in relation to recognizing  post-
   partum  psychosis  as  a condition distinct from postpartum depression
   and directing the department of health to create screening  guidelines
   for the condition

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2500-k of the public health law, as added by  chap-
 ter  199 of the laws of 2014, subdivision 1 as amended by chapter 644 of
 the laws of 2024, subdivision 3 as amended by chapter 42 of the laws  of
 2025,  subdivision 4 as amended by chapter 62 of the laws of 2018 and as
 renumbered by chapter 644 of the laws of  2024,  and  subdivision  5  as
 added  by  chapter  199 of the laws of 2014 and as renumbered by chapter
 644 of the laws of 2024, is amended to read as follows:
   § 2500-k. Maternal depression.    1.  Definitions.  As  used  in  this
 section:
   (a)  "Maternal depression" means a wide range of emotional and psycho-
 logical reactions an individual may experience throughout pregnancy  and
 the  postpartum period. These reactions may include, but are not limited
 to, feelings of despair or extreme guilt,  prolonged  sadness,  lack  of
 energy,  difficulty concentrating, fatigue, extreme changes in appetite,
 and thoughts of suicide or of harming the baby.  Maternal depression may
 include prenatal depression, perinatal mood and  anxiety  disorder,  the
 "baby blues," OR postpartum depression[, or postpartum psychosis].
   (b)  "Maternal health care provider" means a physician, midwife, nurse
 practitioner, or physician assistant, or other health care  practitioner
 acting within his or her lawful scope of practice, attending a perinatal
 individual, including any practitioner attending the individual's child,
 from conception up to one year postpartum.
   (C) "POSTPARTUM PSYCHOSIS" MEANS A MENTAL HEALTH EMERGENCY THAT OCCURS
 AFTER A PERSON GIVES BIRTH AND THAT AFFECTS THE PERSON'S SENSE OF REALI-
 TY,  CAUSING  HALLUCINATIONS,  DELUSIONS, PARANOIA, MOOD SWINGS OR OTHER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16262-01-6
              

 S. 10683                            2
 
 BEHAVIOR CHANGES REQUIRING DIFFERENTIATED SCREENING  AND  CLINICAL  CARE
 PATHWAYS SEPARATE FROM GENERAL MATERNAL DEPRESSION.
   2.  Maternal  depression information AND POSTPARTUM PSYCHOSIS INFORMA-
 TION. (a) The commissioner, in consultation  with  the  commissioner  of
 mental  health,  shall  make available to maternal health care providers
 information on maternal depression AND INFORMATION ON POSTPARTUM PSYCHO-
 SIS. The information shall include, but not be limited to:
   (i) a summary of the current evidence base and professional guidelines
 for maternal depression screening AND A SUMMARY OF THE CURRENT  EVIDENCE
 BASE AND PROFESSIONAL GUIDELINES FOR POSTPARTUM PSYCHOSIS SCREENING;
   (ii) validated, evidence-based tools for maternal depression screening
 AND FOR POSTPARTUM PSYCHOSIS SCREENING;
   (iii) information about follow-up support for patients who may require
 further  evaluation,  referral,  or treatment including, when available,
 information about specific community resources and entities licensed  by
 the office of mental health; and
   (iv) information on engaging support for the mother, which may include
 communicating  with  the  other  parent  of  the  child and other family
 members, as appropriate and consistent with patient confidentiality.
   (b) The information on maternal depression AND ON POSTPARTUM PSYCHOSIS
 shall be posted on the department's website. The commissioner shall,  in
 collaboration  with the commissioner of mental health, update and review
 the information on maternal depression AND ON POSTPARTUM  PSYCHOSIS,  as
 necessary.
   3. Maternal depression screenings AND POSTPARTUM PSYCHOSIS SCREENINGS.
 (a)  The commissioner, in consultation with the office of mental health,
 the office of addiction services and supports, and other relevant stake-
 holders as determined by the commissioner, shall  publish  guidance  for
 incorporating  maternal  depression  screenings  into  routine perinatal
 care. This guidance shall include, but not be  limited  to,  recommenda-
 tions and best practices related to:
   (i)  when  maternal  health  care  providers  should initiate maternal
 depression screenings OR POSTPARTUM PSYCHOSIS SCREENINGS and  how  often
 such screenings should be repeated throughout pregnancy and the postpar-
 tum period;
   (ii)  screening  for  social  needs  that  may  contribute to maternal
 depression OR TO POSTPARTUM PSYCHOSIS such as social  support,  intimate
 partner  violence,  food  and housing insecurity, diaper insecurity, and
 barriers to appropriate healthcare;
   (iii) screening for substance use disorders;
   (iv) referrals for appropriate follow-up  evaluation,  diagnosis,  and
 treatment; and
   (v) reimbursement methodologies to incentivize provider participation.
   (b)  The  commissioner,  in  consultation  with  the  office of mental
 health, the office of addiction services and supports, and  other  rele-
 vant  stakeholders  as  determined  by  the commissioner, shall identify
 existing information and training programs designed to inform  providers
 in an effort to promote maternal depression screening and treatment, and
 publish  the  links  to  such  information  and training programs on the
 department's website. The identified information and  training  programs
 shall include the following topics:
   (i) health equity;
   (ii) implicit bias and cultural competency;
   (iii) screening, referral and treatment options;
   (iv) patient resources and available services;
   (v) patients' rights;
 S. 10683                            3
 
   (vi) pharmacotherapy;
   (vii) trauma-informed, patient-centered care; and
   (viii) other topics as identified by the commissioner.
   (C)  THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF MENTAL
 HEALTH, SHALL PUBLISH GUIDANCE ESTABLISHING A DISTINCT SCREENING  PROTO-
 COL  FOR  POSTPARTUM  PSYCHOSIS. SUCH GUIDANCE SHALL INCLUDE, BUT NOT BE
 LIMITED TO:
   (I) REQUIREMENTS FOR PRENATAL EVALUATION OF PERSONAL AND  FIRST-DEGREE
 FAMILY PSYCHIATRIC HISTORY, INCLUDING BIPOLAR DISORDER; AND
   (II) IDENTIFICATION OF SPECIALIZED SCREENING INSTRUMENTS SEPARATE FROM
 STANDARD POST-BIRTH UNIPOLAR DEPRESSION QUESTIONNAIRES.
   4. Maternal depression AND POSTPARTUM PSYCHOSIS treatment. The commis-
 sioner, in consultation with the commissioner of mental health, shall:
   (a)  inform  providers  of  the need to raise awareness about maternal
 depression AND POSTPARTUM PSYCHOSIS; and
   (b) provide information on  the  department's  and  office  of  mental
 health's  websites regarding how to locate available providers who treat
 or provide support for  maternal  depression  AND  POSTPARTUM  PSYCHOSIS
 including,  but  not  limited  to,  mental  health  professionals, other
 licensed professionals, peer support,  not-for-profit  corporations  and
 other community resources.
   5.  REGULATIONS. The commissioner shall make any regulations necessary
 to implement this section.
   § 2. This act shall take effect immediately.