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This entry was published on 2025-02-21
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SECTION 2500-K
Maternal depression
Public Health (PBH) CHAPTER 45, ARTICLE 25, TITLE 1
§ 2500-k. Maternal depression. * 1. Definitions. As used in this
section:

(a) "Maternal depression" means a wide range of emotional and
psychological reactions a woman may experience during pregnancy or after
childbirth. 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, the "baby blues," postpartum depression, or
postpartum psychosis -- the severest form.

(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 pregnant
woman or a woman up to one year after childbirth, including a
practitioner attending the woman's child up to one year after
childbirth.

* NB Effective until June 21, 2026

* 1. Definitions. As used in this section:

(a) "Maternal depression" means a wide range of emotional and
psychological 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," 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.

* NB Effective June 21, 2026

2. Maternal depression information. (a) The commissioner, in
consultation with the commissioner of mental health, shall make
available to maternal health care providers information on maternal
depression. The information shall include, but not be limited to:

(i) a summary of the current evidence base and professional guidelines
for maternal depression screening;

(ii) validated, evidence-based tools for maternal depression
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 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, as necessary.

* 3. Maternal depression treatment. The commissioner, in consultation
with the commissioner of mental health, shall:

(a) inform providers of the need to raise awareness about maternal
depression; 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 including, but not limited
to, mental health professionals, other licensed professionals, peer
support, not-for-profit corporations and other community resources.

* NB Effective until June 21, 2026

* 3. Maternal depression screenings. (a) The commissioner, in
consultation with the office of mental health, the office of addiction
services and supports, and other relevant stakeholders 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, recommendations and best practices
related to:

(i) when maternal health care providers should initiate maternal
depression screenings and how often such screenings should be repeated
throughout pregnancy and the postpartum period;

(ii) screening for social needs that may contribute to maternal
depression 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
relevant 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;

(vi) pharmacotherapy;

(vii) trauma-informed, patient-centered care; and

(viii) other topics as identified by the commissioner.

* NB Effective June 21, 2026

* 4. The commissioner shall make any regulations necessary to
implement this section.

* NB Effective until June 21, 2026

* 4. Maternal depression treatment. The commissioner, in consultation
with the commissioner of mental health, shall:

(a) inform providers of the need to raise awareness about maternal
depression; 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 including, but not limited
to, mental health professionals, other licensed professionals, peer
support, not-for-profit corporations and other community resources.

* NB Effective June 21, 2026

* 5. The commissioner shall make any regulations necessary to
implement this section.

* NB Effective June 21, 2026