Postpartum Depression Legislation in the United States: A Brief History

By Sonia Murdock, Postpartum Support International President’s Advisory Board Member

Postpartum Support International and its members have been advocating for many years in support of legislation for postpartum depression awareness, treatment, support services and research.

In the United States in California in 1989 State Resolution #23 was passed to raise the level of competence of local corrections and probations officers about postpartum psychosis. Under the leadership of Dr. James Hamilton, this resolution came about as a result of heightened awareness of postpartum psychosis due to Angela Thompson’s infanticide case.

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Jane Honikman (right) and Angela Thompson (left) with a legislative aide is Sacramento, CA attending a meeting in 1989 CA Senate Resolution on Postpartum psychosis and law enforcement.

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Jane Honikman standing with Santa Barbara, CA Congresswoman Lois Capps and her aide in her Washington, DC office after lobbying for the 1999 House Resolution of Postpartum Depression which she co-authored.

In the United States in the late 1990’s, a few states including California, New Jersey and New York were beginning to pass groundbreaking legislation for postpartum depression awareness.

Up until 2001, at the time of the Yates tragedy, only two states required PPD information to be given out at the hospital. Those states were New Jersey and New York.

On 4/13/06 in New Jersey, S213 is signed into law by New Jersey Governor Jon Corzine (D) and known as the Postpartum Depression Law. This law which was introduced by State Senate President Richard Codey is known for being the first in the country to require all healthcare providers to screen women who have recently given birth for postpartum depression and to educate women and families. $4.5 million in funding is provided for a comprehensive program including establishing a statewide perinatal mental health referral network.

On the state and federal levels, legislative efforts are beginning to follow New Jersey’s lead with comprehensively addressing maternal mental health.

Postpartum Support International is advocating for the passage of HR 20, the Melanie Blocker Stokes Postpartum Depression Research and Care Act. Congressman Bobby Rush (D-IL) sponsored this house resolution. Melanie’s mother Carol Blocker continues to advocate for the passage of this legislation so others will be spared the tragedy she and her family have experienced. The Act calls for providing for research and services for individuals with postpartum depression and psychosis. This would expand and intensify activities of the National Institute of Mental Health and establish programs of grants for delivery of services regarding postpartum depression and psychosis.

Postpartum Support International is also advocating for the passage of S 3529, The MOTHERS Act - Mom’s Opportunity To Access Help, Education, Research and Support for Postpartum Depression Act. Senators Robert Menendez (D-NJ) and Richard Durbin (D-IL) are sponsoring this legislation.

Introduced as a result of pioneering New Jersey state law requiring all healthcare providers to screen women who have recently given birth for postpartum depression and to educate women and families Incorporates House legislation, the Melanie Blocker Stokes Research and Care Act Supported by many medical associations and advocacy organizations

State Legislation enacted as follows:

1989 California State Resolution #23 was passed to raise the level of competence of local corrections and probations officers about postpartum psychosis.

1/1/98 New York State Public Health law 2803-J - sponsored by State Senator Hugh Farley, Schenectady - NY-R. Country’s first public health law requiring that all hospitals and birthing centers provide information on postpartum depression. This law is fulfilled by including PPD information on State’s Maternity Brochure. Note: Senator Farley had a staff member who completed suicide from PPP.

10/30/00 New Jersey State Senators Richard Codey and Jack Sinagra are primary sponsors of S1111 which passed requiring DHSS to establish public awareness campaign and develop policies and procedures for healthcare professionals and facilities concerning PPD, appropriated $50,000

9/1/03 Texas House Bill 341 also known as the Andrea Pia Yates Bill passes requiring healthcare providers who treat pregnant women to provide them with resource information regarding counseling for postpartum depression and other emotional traumas associated with pregnancy and parenting.

5/9/05 Washington SB 5898 is signed into law by Washington Governor Christine Gregoire. This law authorizes the Washington State Postpartum Depression Awareness Campaign. A comprehensive state-wide campaign is created.

4/13/06 New Jersey S 213 that was introduced by State Senate President Richard Codey is signed into law by New Jersey Governor Jon Corzine (D) and known as the Postpartum Depression Law. Law is known for being the first to require all healthcare providers to screen women who have recently given birth for postpartum depression and to educate women and families. $4.5 million in funding is provided for a comprehensive program.

9/28/06 California AB 2317 was vetoed by the Governor. Legislator Paul Koretz has been a long standing PPD awareness sponsor. California has incorporated PPD awareness into previously passed maternal child campaign legislation.

Note: PPD Awareness Month legislation has been passed on the state level for example by Arizona. On the county level, Suffolk County, Long Island, New York passed a county resolution.

Examples of legislation pending:

2/16/06 Iowa HF 2429 A bill for an act to require certain health insurance policies to provide coverage for PPD and PPP screening, treatment and providing an applicability date. Currently does not have strong support.

2006 New York A11558/S07913 expansion of PPD screening, education and programs

Federal legislation history:

5/6/99 in the US House of Representatives (106th Congress, 1st Session) co-sponsors Congresswoman Lois Capps (D-CA) and Congressman Jack Kingston (R-GA) introduced House Resolution 163. On October 16, 2000 HR 163 was unanimously passed.

The seven key points to this legislation includes the following:

1) Recommends that all hospitals and clinics which deliver babies provide departing new mothers and fathers or family members with complete information about postpartum depression, its symptoms, methods of coping with it, and treatment resources

2) Encourages all obstetricians to inquire prenatally about any psychiatric problems the mother may have experienced, including substance abuse, existence of the about in any family members, and, ideally screen for ongoing depression

3) Encourages all obstetricians to screen new mothers for postpartum depression symptoms prior to discharge from the hospital and again when they bring in their babies for early checkups

4) Recommends that appropriate health care professionals be trained specifically in screening women for signs of postpartum depression in order to improve chances of early detection

5) Recognizes that a coordinated system of registry should be developed to collect data on mental disorders in the new mother and that the National Institutes of Health should undertake additional research on postpartum psychiatric illnesses

6) Recognizes the impact of a mother’s postpartum depression on fathers and other family members as well and strongly encourages that they be included in both the education and treatment processes to help them better understand the nature and causes of postpartum depression so they too can overcome the spillover effects of the condition and improve their ability to be supportive

7) Calls on the citizens of the United States, particularly the medical community, to learn more about postpartum depression, how to educate women and families about it, and thus ultimately lower the likelihood that women around the coutnry will continue to suffer in silence
In the House, originally introduced on June 28, 2001 as HR 2380 and then on April 27, 2005 as HR 1940, and now known as HR 20 as introduced to the 110th Congress on January 4, 2007 as the Melanie Blocker Stokes Postpartum Depression Research and Care Act. Congressman Bobby Rush (D-IL) is the sponsor of this house resolution. As of 5/7/07 it has 114 co-sponsors. Act calls for: providing for research and services for individuals with postpartum depression and psychosis. Would expand and intensify activities of the National Institute of Mental Health and establish programs of grants for delivery of services regarding postpartum depression and psychosis.

Latest Major Action: 5/1/2007 House committee / subcommittee actions.
Status: Subcommittee Consideration and Mark-up Session Held.

10/11/01 S 1535 is introduced in the Senate by Senator Richard Durbin (D-IL). This calls for the amending of the Public Service Act to provide research on and services for individuals with postpartum depression and psychosis.

6/15/06 Senators Robert Menendez (D-NJ) and Richard Durbin (D-IL) announce S 3529 The MOTHERS Act - Mom’s Opportunity to Access Health, Education, Research and Support for Postpartum Depression Act. As of 12/3/06 3 co-sponsors.

Introduced as a result of pioneering New Jersey state law requiring all healthcare providers to screen women who have recently given birth for postpartum depression and to educate women and families
Incorporates House legislation, the Melanie Blocker Stokes Research and Care Act. Supported by many medical associations and advocacy organizations.