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| 1 | AN ACT concerning public health.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 1. Short title. This Act may be cited as the | ||||||
| 5 | Perinatal Mental Health Disorders Prevention and Treatment | ||||||
| 6 | Act. | ||||||
| 7 | Section 5. Findings and purposes. | ||||||
| 8 | (a) The General Assembly finds all of the following: | ||||||
| 9 | (1) Perinatal mental health disorders, commonly | ||||||
| 10 | referred to as "postpartum depression", include a wide | ||||||
| 11 | range of emotional, psychological, and physiological | ||||||
| 12 | reactions to childbirth, including feelings of | ||||||
| 13 | hopelessness, excessive guilt, sustained sadness, | ||||||
| 14 | inability to feel pleasure, low energy, sleep and appetite | ||||||
| 15 | disturbances, difficulty concentrating, and thoughts of | ||||||
| 16 | death or suicide, which challenge the stamina of a woman | ||||||
| 17 | during pregnancy or after childbirth, and impair her | ||||||
| 18 | ability to function and care for her child. | ||||||
| 19 | (2) Every year, more than 500,000 women experience the | ||||||
| 20 | anxiety, hopelessness, desolation, and fatigue of | ||||||
| 21 | perinatal mental health disorders during pregnancy, in the | ||||||
| 22 | early postpartum months, and into their child's first year | ||||||
| 23 | of life. | ||||||
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| 1 | (3) Women at highest risk for perinatal mental health | ||||||
| 2 | disorders can be those with previous mental health | ||||||
| 3 | disorders, such as depression, anxiety or panic disorder, | ||||||
| 4 | and those with a family member with a history of such | ||||||
| 5 | mental health disorders. However, perinatal mental health | ||||||
| 6 | disorders frequently strike without warning in women | ||||||
| 7 | without any past mental health disorders and with or | ||||||
| 8 | without any complications in pregnancy. | ||||||
| 9 | (4) Many women suffering from perinatal mental health | ||||||
| 10 | disorders require counseling and treatment, yet many do not | ||||||
| 11 | realize that they need help or are unable to find and | ||||||
| 12 | secure appropriate resources. | ||||||
| 13 | (5) In addition to the mother, the effects of perinatal | ||||||
| 14 | mental health disorders can also significantly impact the | ||||||
| 15 | infant, as well as the father, other children, and extended | ||||||
| 16 | family members. Perinatal mental health disorders can | ||||||
| 17 | affect the mother's ability to respond sensitively to her | ||||||
| 18 | infant's needs and can strain the family relationships. | ||||||
| 19 | (b) The purpose of this Act is: | ||||||
| 20 | (1) to provide information to women and their families | ||||||
| 21 | about perinatal mental health disorders in order to lower | ||||||
| 22 | the likelihood that new mothers will continue to suffer | ||||||
| 23 | from this illness in silence; | ||||||
| 24 | (2) to develop procedures for assessing women for | ||||||
| 25 | perinatal mental health disorders during prenatal and | ||||||
| 26 | postnatal visits to licensed health care professionals; | ||||||
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| 1 | and | ||||||
| 2 | (3) to promote early detection of perinatal mental | ||||||
| 3 | health disorders to promote early care and treatment and, | ||||||
| 4 | when medically appropriate, to avoid medication. | ||||||
| 5 | Section 10. Definitions. In this Act: | ||||||
| 6 | "Hospital" has the meaning given to that term in the | ||||||
| 7 | Hospital Licensing Act. | ||||||
| 8 | "Licensed health care professional" means a physician | ||||||
| 9 | licensed to practice medicine in all its branches, an advanced | ||||||
| 10 | practice nurse who has a collaborative agreement with a | ||||||
| 11 | collaborating physician that authorizes care, or a physician's | ||||||
| 12 | assistant who has been delegated authority to provide care. | ||||||
| 13 | "Postnatal care" means an office visit to a licensed health | ||||||
| 14 | care professional occurring after birth, with reference to the | ||||||
| 15 | infant or mother. | ||||||
| 16 | "Prenatal care" means an office visit to a licensed health | ||||||
| 17 | care professional for pregnancy-related care occurring before | ||||||
| 18 | birth. | ||||||
| 19 | "Questionnaire" means an assessment tool administered by a | ||||||
| 20 | licensed health care professional to detect perinatal mental | ||||||
| 21 | health disorders, such as the Edinburgh Postnatal Depression | ||||||
| 22 | Scale, the Postpartum Depression Screening Scale, the Beck | ||||||
| 23 | Depression Inventory, the Patient Health Questionnaire, or | ||||||
| 24 | other validated assessment methods. | ||||||
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| 1 | Section 15. Perinatal mental health disorders prevention | ||||||
| 2 | and treatment. The Department of Human Services, in conjunction | ||||||
| 3 | with the Department of Healthcare and Family Services, the | ||||||
| 4 | Department of Public Health, and the Department of Financial | ||||||
| 5 | and Professional Regulation and the Medical Licensing Board, | ||||||
| 6 | shall work with hospitals and licensed health care | ||||||
| 7 | professionals in this State to develop policies, procedures, | ||||||
| 8 | information, and educational materials to meet each of the | ||||||
| 9 | following requirements concerning perinatal mental health | ||||||
| 10 | disorders: | ||||||
| 11 | (1) Licensed health care professionals providing | ||||||
| 12 | prenatal care to women shall provide education to women | ||||||
| 13 | and, if possible and with permission, to their families | ||||||
| 14 | about perinatal mental health disorders in accordance with | ||||||
| 15 | the formal opinions and recommendations of the American | ||||||
| 16 | College of Obstetricians and Gynecologists. | ||||||
| 17 | (2) All hospitals that provide labor and delivery | ||||||
| 18 | services in the State shall provide new mothers, prior to | ||||||
| 19 | discharge following childbirth, and, if possible, shall | ||||||
| 20 | provide fathers and other family members with complete | ||||||
| 21 | information about perinatal mental health disorders, | ||||||
| 22 | including its symptoms, methods of coping with the illness, | ||||||
| 23 | and treatment resources. The Department of Human Services | ||||||
| 24 | shall provide written information that hospitals may use to | ||||||
| 25 | satisfy this subsection (2). | ||||||
| 26 | (3) Licensed health care professionals providing | ||||||
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| 1 | prenatal care at a prenatal visit shall invite each | ||||||
| 2 | pregnant patient to complete a questionnaire and shall | ||||||
| 3 | review the completed questionnaire in accordance with the | ||||||
| 4 | formal opinions and recommendations of the American | ||||||
| 5 | College of Obstetricians and Gynecologists. Assessment for | ||||||
| 6 | perinatal mental health disorders must be repeated when, in | ||||||
| 7 | the professional judgment of the licensed health care | ||||||
| 8 | professional, a reasonable possibility exists that the | ||||||
| 9 | woman suffers from perinatal mental health disorders.
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| 10 | (4) Licensed health care professionals providing | ||||||
| 11 | postnatal care to women shall invite each patient to | ||||||
| 12 | complete a questionnaire and shall review the completed | ||||||
| 13 | questionnaire in accordance with the formal opinions and | ||||||
| 14 | recommendations of the American College of Obstetricians | ||||||
| 15 | and Gynecologists. | ||||||
| 16 | (5) Licensed health care professionals providing | ||||||
| 17 | pediatric care to an infant shall invite the infant's | ||||||
| 18 | mother to complete a questionnaire at any well-baby | ||||||
| 19 | check-up at which the mother is present prior to the | ||||||
| 20 | infant's first birthday, and shall review the completed | ||||||
| 21 | questionnaire in accordance with the formal opinions and | ||||||
| 22 | recommendations of the American College of Obstetricians | ||||||
| 23 | and Gynecologists, in order to ensure that the health and | ||||||
| 24 | well-being of the infant are not compromised by an | ||||||
| 25 | undiagnosed perinatal mental health disorder in the | ||||||
| 26 | mother. In order to share results from an assessment with | ||||||
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| 1 | the mother's primary licensed health care professional, | ||||||
| 2 | consent should be obtained from the mother in accordance | ||||||
| 3 | with the Illinois Health Insurance Portability and | ||||||
| 4 | Accountability Act. If the mother is determined to present | ||||||
| 5 | an acute danger to herself or someone else, consent is not | ||||||
| 6 | required.
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