N.Y. Public Health Law § 2500-k: Maternal depression

§ 2500-k. Maternal depression. 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.

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 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.

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.

5. The commissioner shall make any regulations necessary to implement

this section.