THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BROWN, BISHOP, BOYLE, BRIGGS, COHEN, FREEMAN, GRUCELA, JOHNSON, JOSEPHS, MANDERINO, MANN, MELIO, MIRABITO, MURPHY, M. O'BRIEN, PARKER, PHILLIPS, READSHAW, SANTARSIERO, THOMAS AND YOUNGBLOOD, MARCH 26, 2009

REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, MARCH 26, 2009  

AN ACT

Requiring information relating to parenting and prenatal

depression, postpartum depression, postpartum psychosis and

other emotional trauma counseling to be provided to a woman

who is pregnant or has just given birth; and providing for

the 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 Prenatal and

Postpartum Counseling Act.

Section 2.  Counseling information.

(a)  Duty to provide.--A hospital, birthing center, neonatal

intensive care unit, pediatric ward, pediatric intensive care

unit, physician, nurse-midwife or midwife who provides prenatal

care to a pregnant woman during gestation or at delivery of an

infant or provides health care to a child up to one year of age

shall:

(1)  Provide the woman with a fact sheet that includes

common symptoms of the medical conditions of prenatal

depression, postpartum depression or postpartum psychosis and

for emotional traumas associated with pregnancy and

parenting. The fact sheet shall present, in a prominent

place, information in a patient-friendly format that contains

the following information:

Prenatal depression, postpartum depression, postpartum

psychosis and postpartum anxiety disorders 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.

(2)  Provide the woman with a resource list of the names,

addresses and telephone numbers of professional organizations

that provide prenatal and postpartum counseling and

assistance to parents.

(3)  Document in the patient's record that the patient

received the information described in paragraph (1).

(4)  Screen the woman for postpartum depression symptoms

prior to discharge from the birthing facility and at the

infant's three-month, six-month, nine-month and twelve-month

checkups.

(5)  Retain the documentation for at least three years in

the patient records at the hospital, birthing center,

neonatal intensive care unit, pediatric ward or pediatric

intensive care unit.

(b)  Resources to be included.--The information under

subsection (a) shall include a list of entities or agencies that

a woman who is pregnant or has just given birth may contact to

receive treatment, counseling and assistance for the medical

conditions of prenatal depression, postpartum depression or

postpartum psychosis and for emotional traumas associated with

pregnancy and parenting.

(c)  Presumption of compliance.--A hospital, birthing center,

physician, nurse-midwife or midwife who provides prenatal care

to a woman during gestation or at delivery is presumed to have

complied with this section if the woman received prior prenatal

care from another hospital, birthing center, physician, nurse-

midwife or midwife in this Commonwealth during the same

pregnancy.

Section 3.  Powers and duties of Department of Health.

The Department of Health shall:

(1)  Adopt and promulgate rules and regulations 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)  Make available on the department's Internet website

a printable list of professional organizations that provide

prenatal and postpartum counseling and assistance to parents,

along with a fact sheet and the statement in section 2(a)(1).

(4)  Update the list required under paragraph (3) on a

monthly basis.

Section 20.  Effective date.

This act shall take effect in 60 days.