AMENDED IN SENATE JUNE 21, 2021

AMENDED IN ASSEMBLY APRIL 29, 2021

AMENDED IN ASSEMBLY APRIL 19, 2021

AMENDED IN ASSEMBLY MARCH 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

93

CHAPTER 535

Statutes of 2021

[ Approved by Governor October 5, 2021. Filed with Secretary of State October 5, 2021. ]

Introduced by Assembly Member Cervantes

February 19, 2021

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

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

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 specify that the category of licensed health care practitioner to whom this requirement applies includes those who provide interpregnancy care.

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) A licensed health care practitioner who provides prenatal, postpartum, or interpregnancy care for a patient shall ensure that the mother is offered screening or is appropriately screened for maternal mental health conditions.

(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) “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.

(2) “Maternal mental health condition” means a mental health condition that occurs during pregnancy, the postpartum period, or interpregnancy and includes, but is not limited to, postpartum depression.