California 2009-2010 Regular Session

California Assembly Bill AB159 Latest Draft

Bill / Amended Version Filed 03/25/2009

 BILL NUMBER: AB 159AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 25, 2009 AMENDED IN ASSEMBLY MARCH 10, 2009 INTRODUCED BY Assembly Member Nava  (   Coauthors:   Assembly Members   Ammiano,   Carter,   Conway,   De Leon,   Fletcher,   Gaines,   Hall,   Jones,   Bonnie Lowenthal,   V. Manuel Perez,   and Audra Strickland   )  JANUARY 27, 2009 An act to add Section 123612 to the Health and Safety Code, relating to perinatal health care, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST AB 159, as amended, Nava. Perinatal mood and anxiety disorders: task force. Existing law establishes various programs relating to perinatal health, including a comprehensive perinatal outreach program targeting the health effects of drugs and alcohol, the development of regionalized perinatal health systems, and the development of a model needs assessment protocol for pregnant and postpartum substance abusing women. This bill would permit the State Department of Public Health  , in conjunction with the State Department of Mental Health,  to establish a task force, as prescribed,  to address specified issues relating to perinatal mood and anxiety disorders   to develop recommendations and educational materials for the department's   perinatal health programs  . This bill would permit the State Department of Public Health to use nonpublic contributions to carry out the purposes of this bill. This bill would, if the department creates the task force, create the California Perinatal Mood and Anxiety Disorders Awareness Fund and permit voluntary contributions to be deposited into the fund. This bill would continuously appropriate the money in the fund to the department to carry out the purposes of this bill. Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. This act shall be known, and may be cited, as The Healthy Mothers Act of 2009. SEC. 2. The Legislature finds and declares all of the following: (a)  Perinatal mood and anxiety disorders occur during both pregnancy and the postpartum period.   A perinatal mood and anxiety disorder (PMAD) is a mood and anxiety disorder that occurs during pregnancy or within a year of delivery (postpartum).  These disorders can take many forms, including depression, psychosis, and anxiety disorders, such as panic disorder or obsessive-compulsive disorder. These disorders can also include many levels of severity, which can have potentially serious repercussions for the emotional, social, and physical health and well-being of mothers, children, and families.  Therefore, "perinatal mood and anxiety disorder" (PMAD) is a more appropriate term for describing these afflictions because it provides a broader and more accurate description of the afflictions.   (b) National studies indicate that one in five women suffer from PMAD. Eighty percent of these women go undiagnosed and untreated.   (c)   (b)  Between 10 percent and 20 percent of new mothers are affected  with   by  PMAD. A mother afflicted with PMAD may experience symptoms, that include, but are not limited to, depressed mood, inability to find pleasure in activities that are usually engaging, sleep disturbances, diminished concentration, appetite and weight loss, anxiety and panic attacks, feelings of guilt and worthlessness, suicidal thoughts, and fears about harming her baby.  (d)   (c)  One to two out of every 1,000 new mothers can experience postpartum psychosis. A new mother with postpartum psychosis may  begin with   have  symptoms that include, but are not limited to, manic states, hyperactivity, an inability to sleep, and avoidance of the baby. The disorder can then lead to additional symptoms for the new mother, that include, but are not limited to, delusions, hallucinations, incoherence, and thoughts of harming her baby or herself.  (e)   (d)  A past history of nonpostpartum mood or anxiety disorders and a family history of mood or anxiety disorders increases the risk of PMAD.  (f)  (e)  Many women are not adequately informed about, screened for, or treated for PMAD because they are uninsured, underinsured, or lack access to comprehensive health care. Many of these women also face cultural and linguistic barriers to receiving appropriate care. The stigma associated with PMAD also prevents many at-risk women from accepting the need for services and treatment for their disorder. These services and treatment can include medical evaluations and treatment, professional therapy, counseling, support groups, and crisis hotlines. It is also imperative that family and friends of a pregnant woman or new mother become aware of the signs and symptoms of PMAD so that they may help the pregnant woman or new mother obtain adequate medical treatment and support services. SEC. 3. Section 123612 is added to the Health and Safety Code, to read: 123612. (a) For purposes of this section, "PMAD" means perinatal mood and anxiety disorders. (b) The State Department of Public Health  , in conjunction with the State Department of Mental Health,  may establish and convene a statewide perinatal mood and anxiety disorders task force to develop  a best practices model for public awareness of PMAD and a standard of care for PMAD that may be used by physicians, medical centers, hospitals, and other organizations related to the medical field.   recommendations and educational materials for the department's perinatal health programs.  (c) If the department creates the task force, pursuant to subdivision (b), all of the following provisions shall apply: (1) The task force membership shall consist of  both   each  of the following: (A) A survivor of PMAD  , to be appointed by the Governor  . (B) A representative from each of the following: (i) The American College of Obstetrics and Gynecology  District IX/CA, to be appointed by the Speaker of the Assembly  . (ii) The California Association of Marriage and Family Therapists  , to be appointed by the Speaker of the Assembly  . (iii) The California Association of Nurse Practitioners  , to be appointed by the Speaker of the Assembly  . (iv) The California Hospital Association  ,   to be appointed by the Senate Co   mmittee on Rules  . (v) The California Medical Association  , to be appointed by the Senate Committee on Rules  . (vi) The California Nurse Midwives Association  , to be appointed by the Governor  . (vii) The California Nurses Association  , to be appointed by the Senate Committee on Rules . (viii) The California Psychiatric Association  ,   to be appointed by the Governor  . (ix) The State Public Affairs Committee of the Junior Leagues of California  , to be appointed by the Governor  . (x) Postpartum Support International  , to be appointed by the Governor.   (xi) The Union of American Physicians and Dentists, to be appointed by the Senate Committee on Rules.   (xii) The United Nurses Associations of California/Union of Health Care Professionals, to be appointed by the Speaker of the Assembly.  (2) The task force may do the following: (A) Increase  awareness, assistance,   awareness and provide assistance  and information regarding PMAD. The task force may disseminate to pregnant women and new mothers and the families of these women information regarding the availability of services and treatment for PMAD, including, but not limited to, medication, professional therapy and counseling, support groups, and telephone crisis hotlines. The task force may use television, print media, radio, Internet Web sites, outdoor advertising, and other appropriate media to accomplish these goals. (B) Establish a publicly accessible Internet Web site that provides information about the symptoms and treatment of PMAD. (C) Undertake public education activities related to PMAD, as appropriate.  (D) Establish a recommended standard of care for pregnant women and new mothers and the families of these women. This standard of care may include promoting universal depression screening, increasing women's access to mental health services, increasing education and training for prenatal care providers and mental health providers, and increasing perinatal mental health resources.   (D) Identify national guidelines for care of women with PMAD.   (E) Identify barriers to screening and treatment of women with PMAD and options for reducing those barriers.  (3) The department shall be responsible for forwarding any recommendations of the task force to the Legislature, the Governor, and to all county health departments. (4) The department may use only nonpublic funding sources to support the activities of the task force. Voluntary contributions received for the purposes of this section shall be deposited into a separate account, the California Perinatal Mood and Anxiety Disorders Awareness Fund, which is hereby created in the State Treasury. Any repayments, interest, or new appropriation shall be deposited in the fund, notwithstanding Section 16305.7 of the Government Code. (d) Notwithstanding Section 13340 of the Government Code, all moneys in the fund shall be continuously appropriated to the department to carry out the purposes of this section.