California · Through 2026-09-13

HSC § 123640

(a) A licensed health care practitioner who provides prenatal, postpartum, or interpregnancy care for a patient shall ensure that the mother is offered screening or is appropriately screened for maternal mental health conditions.
(b) This section shall not apply to a licensed health care practitioner when providing emergency services or care, as defined in Section 1317.1.
(c) This section does not preclude any licensed or certified provider acting within their scope of practice from screening for maternal mental health conditions.
(d) For purposes of this section, the following definitions apply:
(1) “Health care practitioner” means a physician and surgeon, naturopathic doctor, nurse practitioner, physician assistant, nurse midwife, or a midwife licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code or an initiative act referred to in that division and who is acting within their scope of practice.
(2) “Maternal mental health condition” means a mental health condition that occurs during pregnancy, the postpartum period, or interpregnancy and includes, but is not limited to, postpartum depression.

Where this section sits in the code

Health and Safety Code - HSC
DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100. - 125850.]
PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225. - 124250.]
CHAPTER 2. Maternal Health [123375. - 123643.]
ARTICLE 6. Maternal Mental Health [123640. - 123640.]

(b) This section shall not apply to a licensed health care practitioner when providing emergency services or care, as defined in Section 1317.1.

(c) This section does not preclude any licensed or certified provider acting within their scope of practice from screening for maternal mental health conditions.

(d) For purposes of this section, the following definitions apply:

(1) “Health care practitioner” means a physician and surgeon, naturopathic doctor, nurse practitioner, physician assistant, nurse midwife, or a midwife licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code or an initiative act referred to in that division and who is acting within their scope of practice.

(2) “Maternal mental health condition” means a mental health condition that occurs during pregnancy, the postpartum period, or interpregnancy and includes, but is not limited to, postpartum depression.

Collected 2026-09-14T05:56:33Z. Source file · JSON

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