Bill Text: NY A05076 | 2021-2022 | General Assembly | Amended

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Bill Title: Relates to maternal depression screenings; requires maternal health care providers providing pre- and postnatal care or pediatric care to the mother's infant to invite the mother to fill out a questionnaire to detect maternal depression.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2022-01-18 - print number 5076a [A05076 Detail]

Download: New_York-2021-A05076-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5076--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 10, 2021
                                       ___________

        Introduced  by  M.  of  A.  SOLAGES,  BICHOTTE HERMELYN -- read once and
          referred to the Committee on Health -- recommitted to the Committee on
          Health in accordance  with  Assembly  Rule  3,  sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        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:

     1    Section 1. Subdivision 1 of section 2500-k of the public health law is
     2  amended by adding a new paragraph (c) to read as follows:
     3    (c)  "Questionnaire"  means  an  assessment  tool  administered  by  a
     4  licensed health care professional, to detect maternal depression such as
     5  the Edinburgh Postnatal  Depression  Scale,  the  Postpartum  Depression
     6  Screening Scale, the Beck Depression Inventory, the Patient Health Ques-
     7  tionnaire,  or  other  validated  assessment  methods as approved by the
     8  commissioner.
     9    § 2. Subdivisions 3 and 4 of section 2500-k of the public health  law,
    10  subdivision  4  as  renumbered  by  chapter 463 of the laws of 2017, are
    11  renumbered subdivisions 4 and 5 and a new subdivision 3 is added to read
    12  as follows:
    13    3. Maternal depression screenings. (a) Maternal health care  providers
    14  providing  prenatal  care at a prenatal visit shall invite each pregnant
    15  patient to complete a questionnaire and shall review the completed ques-
    16  tionnaire in accordance with the formal opinions and recommendations  of
    17  the  American College of Obstetricians and Gynecologists. Assessment for
    18  maternal depression must be repeated when, in the professional  judgment
    19  of  the  maternal  health care provider, a reasonable possibility exists
    20  that the pregnant patient suffers from maternal depression.
    21    (b) Maternal health care providers providing postnatal care to persons
    22  who gave birth shall invite each patient to complete a questionnaire and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06422-02-2
        A. 5076--A                          2

     1  shall review the completed questionnaire in accordance with  the  formal
     2  opinions  of  the  American  College of Obstetricians and Gynecologists.
     3  Assessment for maternal depression must be repeated when, in the profes-
     4  sional  judgment  of  the  maternal  health  care provider, a reasonable
     5  possibility exists that  the  pregnant  patient  suffers  from  maternal
     6  depression.
     7    (c)  It  is  recommended  that maternal health care providers make the
     8  best efforts practicable to contact the person  who  gave  birth  within
     9  twenty-one  days from the date of delivery and use industry practices to
    10  detect maternal depression pursuant to this section.
    11    (d) Maternal health care providers  providing  pediatric  care  to  an
    12  infant  shall  invite the infant's mother to complete a questionnaire at
    13  any well-child check-up at which the mother  is  present  prior  to  the
    14  infant's first birthday, and shall review the completed questionnaire in
    15  accordance  with the formal opinions and recommendations of the American
    16  College of Obstetricians and Gynecologists, in order to ensure that  the
    17  health and well-being of the infant is not compromised by an undiagnosed
    18  condition of maternal depression in the mother.  Assessment for maternal
    19  depression  must  be  repeated when, in the professional judgment of the
    20  maternal health care provider, a reasonable possibility exists that  the
    21  pregnant patient suffers from maternal depression.
    22    (e)  Consent from the mother must be obtained before a maternal health
    23  care provider may share results from an  assessment  with  the  mother's
    24  primary  licensed  health care professional, unless the mother is deter-
    25  mined to present a danger to herself or others.
    26    § 3. This act shall take effect on the one hundred eightieth day after
    27  it shall have become a law. Effective immediately, the addition,  amend-
    28  ment and/or repeal of any rule or regulation necessary for the implemen-
    29  tation  of  this act on its effective date are authorized to be made and
    30  completed on or before such effective date.