A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "PARENTAL PERINATAL MENTAL HEALTH SCREENING AND EDUCATION ACT" BY ADDING ARTICLE 3 TO CHAPTER 37, TITLE 44 SO AS TO REQUIRE CERTAIN HEALTHCARE FACILITIES AND HEALTHCARE PROVIDERS TO OFFER PERINATAL MENTAL HEALTH SCREENINGS TO EXPECTANT PARENTS AND PARENTS OF NEWBORNS, AS WELL AS APPROPRIATE EDUCATIONAL MATERIALS AND REFERRALS FOR TREATMENT; TO REQUIRE THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES AND OTHER STATE AGENCIES TO DEVELOP GUIDANCE AND PROMULGATE REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE; TO DESIGNATE SECTIONS 44-37-10 TO 44-37-70 AS ARTICLE 1, entitled "GENERAL PROVISIONS"; AND FOR OTHER PURPOSES.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  This act may be cited as the "Parental Perinatal Mental Health Screening and Education Act."

 

SECTION 2.  Chapter 37, Title 44 of the S.C. Code is amended by adding:

 

Article 3

Parental Perinatal Mental Health Screening and Education

 

    Section 44-37-310. The General Assembly finds that perinatal mental health affects the well-being of families, care of newborns, child development, and long-term community health. Mothers, fathers, and other adult birthing partners may experience perinatal depression or anxiety but often remain undiagnosed. The purpose of this article is to support families by ensuring that healthcare providers offer voluntary mental health screening, education, and referrals in a manner consistent with medical ethics, patient consent, and privacy protections.

 

    Section 44-37-320. For purposes of this article:

       (1) "Adult birthing partner" means an adult identified by the pregnant or postpartum patient as a father, expectant father, spouse, partner, or other adult who will assume parental or caregiving responsibility after the birth of a child.

       (2) "Healthcare provider" means a physician, advanced practice registered nurse, physician assistant, certified nurse-midwife, or other licensed professional providing prenatal, delivery, or postpartum medical care.

       (3) "Licensed health facility" means a hospital, birthing center, or medical facility licensed pursuant to Title 44 that provides obstetric or newborn services.

       (4) "Perinatal mental health screening" means the use of a validated, noninvasive questionnaire for identifying risk of depression, anxiety, or related mental health conditions.

 

    Section 44-37-330. (A) A healthcare provider or licensed healthcare facility shall offer the mother and the father or other adult birthing partner the opportunity to complete a perinatal mental health screening:

       (1) during the prenatal period at or after twenty-four weeks' gestation; and

       (2) at postpartum discharge or at the first postpartum follow-up visit.

    (B) Participation in the perinatal mental health screening is voluntary, and no provider shall compel, coerce, or condition care on the completion or refusal of a screening.

    (C) The offer of a perinatal mental health screening and the mother's and the father's or other adult birthing partner's acceptance, refusal, or completion must be documented in the medical record of the pregnant or postpartum patient or in a separate file maintained by the healthcare facility.

 

    Section 44-37-340. (A) Licensed healthcare facilities providing obstetric services shall give mothers and fathers or other adult birthing partners educational materials on maternal and paternal postpartum depression, risk factors, symptoms, and available mental health resources.

    (B) Materials must be provided at no cost and in formats accessible to individuals with limited English proficiency pursuant to federal and state law.

 

    Section 44-37-350. (A) If a perinatal mental health screening of a mother, father, or other adult birthing partner indicates elevated risk, the healthcare provider shall:

       (1) inform the individual of the results;

       (2) provide information on available mental health services, including community-based, telehealth, and Medicaid-covered options; and

       (3) offer to make a referral for evaluation or treatment.

    (B) No treatment may be provided a mother, father, or other adult birthing partner without the individual's consent.

 

    Section 44-37-360. (A) All perinatal mental health screening results are protected health information under the federal Health Insurance Portability and Accountability Act and applicable state law. A father's or other adult birthing partner's results must be maintained separately from maternal health records unless the father or other adult birthing partner authorizes disclosure to the mother.

    (B) Perinatal mental health screening information may be disclosed only:

       (1) with the written consent of the mother, father, or other adult birthing partner;

       (2) as required by law for imminent threat or safety concerns; or

       (3) as permitted by federal privacy regulations.

 

    Section 44-37-370. (A) The Department of Behavioral Health and Developmental Disabilities' Office of Mental Health, in coordination with the Department of Public Health, the State Board of Medical Examiners, the State Board of Nursing, and the South Carolina Department of Health and Human Services, shall:

       (1) issue guidance for healthcare providers on recommended screening tools;

       (2) develop standardized educational materials;

       (3) make reimbursement available under Medicaid for perinatal mental health screening and counseling services; and

       (4) provide training resources for healthcare providers and healthcare facilities.

    (B) The Department of Behavioral Health and Developmental Disabilities, Department of Public Health, South Carolina Department of Health and Human Services, and Department of Labor, Licensing and Regulation may promulgate regulations necessary to implement the provisions of this article.

 

    Section 44-37-380. A healthcare provider or healthcare facility that offers perinatal mental health screening, documents the offer, and provides referrals in good faith is not civilly or administratively liable for a mother's or a father's or other adult birthing partner's refusal, failure to participate, or subsequent mental health outcomes.

 

    Section 44-37-390. This article does not create a private right of action against a healthcare provider, healthcare facility, or state agency.

 

SECTION 3.  Sections 44-37-10 to 44-37-70 are designated Article 1, entitled "General Provisions."

 

SECTION 4.  This act takes effect upon approval by the Governor.

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