Amended  IN  Assembly  April 19, 2021
Amended  IN  Assembly  March 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1477

Introduced by Assembly Member Cervantes

February 19, 2021

An act to amend Section 123640 of the Health and Safety Code, relating to health care.


LEGISLATIVE COUNSEL'S DIGEST


AB 1477, as amended, Cervantes. Maternal mental health.
Existing law provides for the licensure and regulation of various healing arts professions, including, but not limited to, physicians and surgeons, by various boards within the Department of Consumer Affairs. Existing law imposes certain fines and other penalties for, and authorizes these boards to take disciplinary action against licensees for, violations of the provisions governing those professions. Existing law requires a licensed health care practitioner who provides prenatal or postpartum care for a patient to offer to screen or appropriately screen a mother for maternal mental health conditions.
This bill would require the mother to be offered screening or appropriately screened at least once during pregnancy and at least once postpartum, including the interpregnancy interval, as defined, to maximize resources and ensure access to the mother. The bill would additionally define postpartum as the period just after delivery, including if the woman experiences miscarriage or stillbirth.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 123640 of the Health and Safety Code is amended to read:

123640.
 (a) By July 1, 2019, a licensed health care practitioner who provides prenatal or postpartum care for a patient patient, including care during the interpregnancy interval, shall ensure that the mother is offered screening or is appropriately screened for maternal mental health conditions. The mother shall be offered screening or appropriately screened pursuant to this subdivision at least once during pregnancy and at least once postpartum, to maximize resources and ensure access to the mother.
(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)“Maternal mental health condition” means a mental health condition that occurs during pregnancy or during the postpartum period and includes, but is not limited to, postpartum depression.

(2)

(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.

(3)“Postpartum” means the period just after delivery, including if the woman experiences miscarriage or stillbirth.

(2) “Interpregnancy interval” means the time that a woman is not pregnant, between one live birth or pregnancy loss and the next pregnancy, regardless of the outcome of the pregnancy.
(3) “Maternal mental health condition” means a mental health condition that occurs during pregnancy, the postpartum period, or the interpregnancy interval and includes, but is not limited to, postpartum depression.