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
                                ___________
 
 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.