Delaware 2023 2023-2024 Regular Session

Delaware Senate Bill SB106 Draft / Bill

                    SPONSOR:      Sen. Gay & Sen. Lockman & Rep. Griffith & Rep. Minor-Brown & Rep. S. Moore & Rep. Neal       Sens. Hansen, Hoffner, Huxtable, Pinkney, Poore, Sokola, Sturgeon, Townsend; Reps. Baumbach, Bolden, Briggs King, Chukwuocha, Morrison, Romer, Wilson-Anton           DELAWARE STATE SENATE   152nd GENERAL ASSEMBLY       SENATE SUBSTITUTE NO. 1   FOR   SENATE BILL NO. 106       AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MATERNAL MENTAL HEALTH.      

     

     SPONSOR:      Sen. Gay & Sen. Lockman & Rep. Griffith & Rep. Minor-Brown & Rep. S. Moore & Rep. Neal       Sens. Hansen, Hoffner, Huxtable, Pinkney, Poore, Sokola, Sturgeon, Townsend; Reps. Baumbach, Bolden, Briggs King, Chukwuocha, Morrison, Romer, Wilson-Anton     

SPONSOR: Sen. Gay & Sen. Lockman & Rep. Griffith & Rep. Minor-Brown & Rep. S. Moore & Rep. Neal
Sens. Hansen, Hoffner, Huxtable, Pinkney, Poore, Sokola, Sturgeon, Townsend; Reps. Baumbach, Bolden, Briggs King, Chukwuocha, Morrison, Romer, Wilson-Anton

 SPONSOR:  

 Sen. Gay & Sen. Lockman & Rep. Griffith & Rep. Minor-Brown & Rep. S. Moore & Rep. Neal 

 Sens. Hansen, Hoffner, Huxtable, Pinkney, Poore, Sokola, Sturgeon, Townsend; Reps. Baumbach, Bolden, Briggs King, Chukwuocha, Morrison, Romer, Wilson-Anton 

   

 DELAWARE STATE SENATE 

 152nd GENERAL ASSEMBLY 

   

 SENATE SUBSTITUTE NO. 1 

 FOR 

 SENATE BILL NO. 106 

   

 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MATERNAL MENTAL HEALTH. 

   

      BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:       Section 1. Amend Chapter 8D of Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:     801D. Policy.    The maternal mental health-care policy of this State shall serve to increase the likelihood that a  woman   person  who has given birth and  demonstrates   experiences  symptoms of  maternal depression   perinatal mood and anxiety disorder  will receive the necessary mental health treatment. The goal of this policy is to provide sufficient resources of information and support, including patient screening  soon after childbirth,   during pregnancy,   and in the postpartum period  for  women   people  with  maternal depression   perinatal mood and anxiety disorder  to decrease child abuse or neglect and the need for inpatient treatment.     802D. Definitions.    As used in this chapter:    (1)  Maternal depression   Perinatal mood and anxiety disorder  means a wide range of emotional and psychological reactions that a  woman   person  may experience during pregnancy or after  childbirth,   childbirth.   as the range of reactions is defined in the Diagnostic and Statistical Manual of Mental Disorders . The reactions may include: feelings of despair or extreme guilt; prolonged sadness; lack of energy; difficulty concentrating; fatigue; extreme changes in appetite; or thoughts of  anxiety and worry ,  suicide   suicide,  or harming the baby.    (2)  Maternal   Perinatal  health-care provider means a physician, midwife, advanced practice registered nurse, registered nurse, physician assistant, or other health-care practitioner acting within his or her lawful scope of practice while attending a  woman   person  who presents  in pregnancy or the postpartum period.   with signs of maternal depressio n.    803D.  Maternal depression   Perinatal mood and anxiety disorder  materials and information.    (a) The Department shall develop written materials and information about  maternal depression   perinatal mood and anxiety disorder .    (1) The materials and information shall include the symptoms and methods of coping with  maternal depression   perinatal mood and anxiety disorder  and treatment resources.    (b) Maternal health-care providers shall do all of the following:    (1) Provide the materials and information developed under subsection (a) of this section to any  woman   person  who presents  in pregnancy or the postpartum period.   with signs of maternal depression.    (2) Encourage any  woman   person  who presents  in pregnancy or the postpartum period   with signs of   maternal depression  to share the materials and information with  her babys   their childs  family members or caregivers and  her   their  family members and caregivers.    (c) Hospitals and other health-care facilities shall do all of the following:    (1) Provide upon discharge, the materials and information developed under subsection (a) of this section to any  woman   person  who presents  in pregnancy or the postpartum period.   with signs of maternal depression .    (2) Encourage any  woman   person in pregnancy or the postpartum period   who presents with signs of maternal depression  to share the materials and information with  her babys   their childs  family members or caregivers and  her   their  family members and caregivers.    804D.  Maternal depression   Perinatal mood and anxiety screening .    Maternal health-care providers shall begin evaluations and take action when they recognize symptoms of  maternal depression in a woman or family, including when care for a baby suffers or other symptoms as defined in the Diagnostic and Statistical Manual of Mental Disorders.   perinatal mood and anxiety disorder, when a person screens positive for perinatal mood and anxiety disorders, or when they observe that care for a child suffers.      

   

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: 

   

 Section 1. Amend Chapter 8D of Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:  

  801D. Policy.  

 The maternal mental health-care policy of this State shall serve to increase the likelihood that a  woman   person  who has given birth and  demonstrates   experiences  symptoms of  maternal depression   perinatal mood and anxiety disorder  will receive the necessary mental health treatment. The goal of this policy is to provide sufficient resources of information and support, including patient screening  soon after childbirth,   during pregnancy,   and in the postpartum period  for  women   people  with  maternal depression   perinatal mood and anxiety disorder  to decrease child abuse or neglect and the need for inpatient treatment.  

  802D. Definitions.  

 As used in this chapter:  

 (1)  Maternal depression   Perinatal mood and anxiety disorder  means a wide range of emotional and psychological reactions that a  woman   person  may experience during pregnancy or after  childbirth,   childbirth.   as the range of reactions is defined in the Diagnostic and Statistical Manual of Mental Disorders . The reactions may include: feelings of despair or extreme guilt; prolonged sadness; lack of energy; difficulty concentrating; fatigue; extreme changes in appetite; or thoughts of  anxiety and worry ,  suicide   suicide,  or harming the baby.  

 (2)  Maternal   Perinatal  health-care provider means a physician, midwife, advanced practice registered nurse, registered nurse, physician assistant, or other health-care practitioner acting within his or her lawful scope of practice while attending a  woman   person  who presents  in pregnancy or the postpartum period.   with signs of maternal depressio n. 

  803D.  Maternal depression   Perinatal mood and anxiety disorder  materials and information.  

 (a) The Department shall develop written materials and information about  maternal depression   perinatal mood and anxiety disorder .  

 (1) The materials and information shall include the symptoms and methods of coping with  maternal depression   perinatal mood and anxiety disorder  and treatment resources.  

 (b) Maternal health-care providers shall do all of the following:  

 (1) Provide the materials and information developed under subsection (a) of this section to any  woman   person  who presents  in pregnancy or the postpartum period.   with signs of maternal depression.  

 (2) Encourage any  woman   person  who presents  in pregnancy or the postpartum period   with signs of   maternal depression  to share the materials and information with  her babys   their childs  family members or caregivers and  her   their  family members and caregivers.  

 (c) Hospitals and other health-care facilities shall do all of the following:  

 (1) Provide upon discharge, the materials and information developed under subsection (a) of this section to any  woman   person  who presents  in pregnancy or the postpartum period.   with signs of maternal depression .  

 (2) Encourage any  woman   person in pregnancy or the postpartum period   who presents with signs of maternal depression  to share the materials and information with  her babys   their childs  family members or caregivers and  her   their  family members and caregivers.  

 804D.  Maternal depression   Perinatal mood and anxiety screening .  

 Maternal health-care providers shall begin evaluations and take action when they recognize symptoms of  maternal depression in a woman or family, including when care for a baby suffers or other symptoms as defined in the Diagnostic and Statistical Manual of Mental Disorders.   perinatal mood and anxiety disorder, when a person screens positive for perinatal mood and anxiety disorders, or when they observe that care for a child suffers. 

   

      SYNOPSIS   This Act modernizes and expands the concept of maternal mental health by replacing the definition of maternal depression with the more encompassing definition of perinatal mood and anxiety disorder. This Act contemplates treatment for any caregiver who may be affected by perinatal mood and anxiety disorder. This Act avoids use of gender-based pronouns as recommended by the Legislative Drafting Manual.   Author: Senator Gay  

   

 SYNOPSIS 

 This Act modernizes and expands the concept of maternal mental health by replacing the definition of maternal depression with the more encompassing definition of perinatal mood and anxiety disorder. This Act contemplates treatment for any caregiver who may be affected by perinatal mood and anxiety disorder. This Act avoids use of gender-based pronouns as recommended by the Legislative Drafting Manual. 

 Author: Senator Gay