Bill Text: NY S02039 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Directs the commissioner of health, in consultation with the office of mental health and other relevant stakeholders, to develop guidance and standards for routine maternal depression screenings, referrals, diagnosis and treatment, and to provide training and materials on issues related to maternal depression.

Spectrum: Moderate Partisan Bill (Democrat 17-2)

Status: (Engrossed) 2024-01-23 - returned to senate [S02039 Detail]

Download: New_York-2023-S02039-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2039

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 18, 2023
                                       ___________

        Introduced by Sens. BROUK, ADDABBO, CLEARE, COONEY, GOUNARDES, HARCKHAM,
          HOYLMAN-SIGAL, KENNEDY, MYRIE, PERSAUD, SANDERS, SKOUFIS, WEIK -- read
          twice  and  ordered  printed,  and when printed to be committed to the
          Committee on Women's Issues

        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
    23  shall  review  the completed questionnaire in accordance with the formal

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03810-01-3
        S. 2039                             2

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