A04651
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2127
Session of
2024
INTRODUCED BY FIEDLER, CURRY, BOROWSKI, MADDEN, SANCHEZ,
BULLOCK, SCHLOSSBERG, KHAN, HANBIDGE, PROBST, ROZZI, BOYLE,
HILL-EVANS, TAKAC, WAXMAN, FLEMING, CEPEDA-FREYTIZ, OTTEN,
SHUSTERMAN, DEASY, HOWARD, STEELE, O'MARA, GILLEN, KRAJEWSKI,
GREEN, CERRATO, WEBSTER, MAYES, SIEGEL, BRENNAN, HADDOCK,
KINKEAD, D. MILLER, PARKER, HOHENSTEIN, FREEMAN, KENYATTA,
KAZEEM, D. WILLIAMS, CEPHAS, ISAACSON, BOYD, SALISBURY AND
YOUNG, APRIL 3, 2024
AS REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES,
AS AMENDED, MAY 21, 2024
AN ACT
Requiring information relating to perinatal or postpartum mood
and anxiety disorders and resources and screening to be
provided to pregnant patients; and providing for powers and
duties of the Department of Health.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Perinatal and
Postpartum Screening Education Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Clinical practice guideline." The Clinical Practice
Guideline of the American College of Obstetricians and
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Gynecologists titled "Screening and Diagnosis of Mental Health
Conditions During Pregnancy and Postpartum Clinical Practice"
(Number 4, published June 2023).
"BIRTH CENTER." AS DEFINED IN SECTION 802.1 OF THE ACT OF
JULY 19, 1979 (P.L.130, NO.48), KNOWN AS THE HEALTH CARE
FACILITIES ACT.
"Department." The Department of Health of the Commonwealth.
"HOSPITAL." AS DEFINED IN SECTION 802.1 OF THE HEALTH CARE
FACILITIES ACT.
"MIDWIFE OR NURSE-MIDWIFE." AS DEFINED IN SECTION 2 OF THE
ACT OF DECEMBER 20, 1985 (P.L.457, NO.112), KNOWN AS THE MEDICAL
PRACTICE ACT OF 1985.
"PHYSICIAN." EITHER:
(1) AS DEFINED IN SECTION 2 OF THE MEDICAL PRACTICE ACT
OF 1985.
(2) AS DEFINED IN SECTION 2 OF THE ACT OF OCTOBER 5,
1978 (P.L.1109, NO.261), KNOWN AS THE OSTEOPATHIC MEDICAL
PRACTICE ACT.
"PMAD." A perinatal or postpartum mood and anxiety disorder.
"PMAD QUESTIONNAIRE." A CLINICALLY VALID SCREENING TOOL FOR
PMAD THAT IS BASED ON BEST PRACTICES AND EVIDENCE-BASED RESEARCH
AND GUIDELINES.
Section 3. Resource information and screening.
(a) Duties.--A hospital, birthing BIRTH center, physician,
nurse-midwife or midwife OR NURSE midwife OR NURSE-MIDWIFE that
provides prenatal care to a pregnant patient during gestation,
stillbirth, delivery of an infant or postpartum shall may:
(1) Provide the patient with a the fact sheet, available
in English, Spanish, Vietnamese and Mandarin Chinese THE
PRIMARY LANGUAGE OF THE PATIENT, that includes common
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symptoms of the medical conditions of PMAD and emotional
traumas associated with pregnancy and parenting. The fact
sheet shall present, in a prominent place, the following
statement, translated to the appropriate language:
Perinatal or postpartum mood and anxiety
disorders (PMADs) are serious medical conditions that
require a physician's evaluation and recommendations
for treatment. If you are suffering from any of the
signs and symptoms of these conditions, you should
immediately inform your treating physician or
psychiatric physician PSYCHIATRIST OR TREATING
PHYSICIAN. made available under section 4.
(2) Provide the patient with a the resource list of the
names, addresses and telephone numbers of professional
organizations that provide prenatal counseling, postpartum
counseling and assistance to parents. The resource list shall
be available in English, Spanish, Vietnamese and Mandarin
Chinese. made available under section 4.
(3) Require each pregnant patient to complete a
(B) RESOURCES TO OTHER INDIVIDUALS.--THE INFORMATION
PROVIDED TO THE PATIENT UNDER SUBSECTION (A) SHALL may BE
PROVIDED TO ANY OTHER INDIVIDUALS WHO ACCOMPANY THE PATIENT TO A
CHECK-UP well-baby VISIT, SUBJECT TO THE PATIENT'S CONSENT, AS
WELL AS TO ANY OTHER INDIVIDUALS THAT THE PATIENT MAY DESIGNATE.
SECTION 4. PMAD SCREENING.
A PHYSICIAN OR NURSE OR NURSE-MIDWIFE THAT PROVIDES PRENATAL
OR POSTPARTUM CARE OR WELL-BABY CHECK-UPS SHALL:
(1) REQUEST EACH PREGNANT PATIENT TO COMPLETE A PMAD
questionnaire and review the completed questionnaire in
accordance with the CURRENT PMAD clinical practice guideline.
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The PMAD questionnaire shall be available in English,
Spanish, Vietnamese and Mandarin Chinese.
(4) Require each patient to complete a questionnaire and
review the completed questionnaire in accordance with the
clinical practice guideline.
(5) Require an infant's mother to complete a PROVIDED IN
THE PRIMARY LANGUAGE OF THE PATIENT OR ADMINISTERED WITH THE
ASSISTANCE OF AN INTERPRETER.
(2) REQUEST AN INFANT'S MOTHER TO COMPLETE A
questionnaire at each well-baby checkup at which the mother
is present prior to the infant's first birthday and review
the completed questionnaire in accordance with the clinical
practice guideline.
(6) Obtain (3) REQUEST consent from the patient or
mother to share the information with the patient or mother's
primary licensed health care professional in accordance with
Federal law. If the patient or mother is determined to
present an acute danger to herself or someone else, consent
is not required.
(7) (4) Repeat assessments for perinatal mental health
disorders when, in the professional judgment of the licensed
health care professional, a reasonable possibility exists
that the patient suffers from perinatal mental health
disorders.
(8) Document in the patient's record that the patient
received the information described in paragraph (1).
(9) Retain the documentation for at least three years in
the hospital's, birthing center's, physician's, nurse-
midwife's or midwife's records.
(b) Resources to be included.--The information under
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subsection (a) shall include resources a pregnant patient may
contact to receive treatment, counseling and assistance for the
medical conditions of PMAD and for emotional traumas associated
with pregnancy and parenting.
(c) Presumption of compliance.--A hospital, birthing center,
physician, nurse-midwife or midwife that provides prenatal care
to a patient during gestation or at delivery is presumed to have
complied with this section if the patient received prior
prenatal care from another hospital, birthing center, physician,
nurse-midwife or midwife in this Commonwealth during the same
pregnancy.
(d) Resources to other individuals.--The information
provided to the pregnant patient under subsection (a) shall be
provided to any other individuals who accompany the pregnant
patient to a check-up visit, subject to the patient's consent,
as well as to any other individuals that the patient may
designate.
(5) PROVIDE INFORMATION DETAILED IN SECTION 3 AND
DOCUMENT IN THE PATIENT'S RECORD THAT THE PATIENT RECEIVED
THE INFORMATION.
Section 4 5 4. Powers and duties of department.
The department shall:
(1) Adopt and promulgate rules and regulations as
necessary to carry out the purposes and provisions of this
act.
(2) Enforce this act and the rules and regulations
promulgated under this act.
(3) (1) Make available on the department's publicly
accessible Internet website a printable resource list of THE
NAMES, ADDRESSES AND TELEPHONE NUMBERS OF professional
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organizations that provide pregnancy counseling and
assistance to parents, along with a INCLUDING ORGANIZATIONS
THAT PROVIDE PRENATAL COUNSELING, POSTPARTUM COUNSELING AND
ASSISTANCE WITH PMAD. THE DEPARTMENT SHALL ALSO MAKE
AVAILABLE THE a fact sheet and the statement as referenced in
section 3(a)(1). that includes common symptoms of the medical
conditions of PMAD. The department shall publish both the
resource list and fact sheet in English, Spanish, Vietnamese,
Mandarin Chinese and other languages deemed appropriate by
the department.
(4) (2) Update the resource list and fact sheet required
under paragraph (3) (1) on a monthly basis. AS NEEDED.
(5) (3) ESTABLISH A PUBLIC AWARENESS CAMPAIGN TO INFORM
THE GENERAL PUBLIC ABOUT THE NATURE AND CAUSES OF POSTPARTUM
PERINATAL DEPRESSION PMAD AND ITS HEALTH IMPLICATIONS,
INCLUDING ITS SYMPTOMS, METHODS OF COPING WITH THE ILLNESS
AND THE MOST EFFECTIVE MEANS OF TREATMENT.
Section 5 6 5. Effective date.
This act shall take effect in 60 days. AS FOLLOWS:
(1) SECTION 4 SHALL TAKE EFFECT IN 180 DAYS.
(2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
(3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 240 DAYS.
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