TITLE 16

Health and Safety

Regulatory Provisions Concerning Public Health

CHAPTER 8D. Maternal Mental Health

§ 801D. Policy.

The maternal mental health-care policy of this State shall serve to increase the likelihood that a person who has given birth and experiences symptoms of 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 during pregnancy, and in the postpartum period for people with perinatal mood and anxiety disorder to decrease child abuse or neglect and the need for inpatient treatment.

80 Del. Laws, c. 293, §  170 Del. Laws, c. 186, §  184 Del. Laws, c. 423, § 1

§ 802D. Definitions.

As used in this chapter:

(1) “Perinatal health-care provider” means a physician, midwife, advanced practice registered nurse, registered nurse, physician assistant, or other health-care practitioner acting within the lawful scope of practice while attending a person who presents in pregnancy or the postpartum period.

(2) “Perinatal mood and anxiety disorder” means a wide range of emotional and psychological reactions that a person may experience during pregnancy or after childbirth. 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, or harming the baby.

80 Del. Laws, c. 293, §  170 Del. Laws, c. 186, §  184 Del. Laws, c. 42, § 184 Del. Laws, c. 423, § 1

§ 803D. Perinatal mood and anxiety disorder materials and information.

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

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

(2) The Department shall periodically review the materials and information to determine their effectiveness and ensure they reflect the most up-to-date and accurate information.

(3) The Department shall post on its website the materials and information.

(4) The Department may make available or distribute the materials and information in physical form upon request.

(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 person who presents in pregnancy or the postpartum period.

(2) Encourage any person who presents in pregnancy or the postpartum period to share the materials and information with their child’s family members or caregivers and 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 person who presents in pregnancy or the postpartum period.

(2) Encourage any person in pregnancy or the postpartum period to share the materials and information with their child’s family members or caregivers and their family members and caregivers.

(d) The Behavioral Health Commission shall assess and recommend improvements to the materials and information developed under subsection (a) of this section, in an effort to create greater statewide resources.

80 Del. Laws, c. 293, §  170 Del. Laws, c. 186, §  184 Del. Laws, c. 423, § 1

§ 804D. Perinatal mood and anxiety screening .

Maternal health-care providers shall begin evaluations and take action when they recognize symptoms of 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.

80 Del. Laws, c. 293, §  170 Del. Laws, c. 186, §  184 Del. Laws, c. 423, § 1

§ 805D. Enforcement.

The Department may develop regulations governing compliance under this chapter.

80 Del. Laws, c. 293, §  1