405 ILCS 120/ Maternal Mental Health Conditions Education, Early Diagnosis, and Treatment Act.

(405 ILCS 120/1)

Sec. 1. Short title. This Act may be cited as the Maternal Mental Health Conditions Education, Early Diagnosis, and Treatment Act.

(Source: P.A. 101-512, eff. 1-1-20; 102-558, eff. 8-20-21.)

(405 ILCS 120/5)

Sec. 5. Findings. The General Assembly finds the following:

(1) Maternal depression is a common complication of pregnancy. Maternal mental health disorders encompass a range of mental health conditions, such as depression, anxiety, and postpartum psychosis.

(2) Maternal mental health conditions affect one in 5 women during or after pregnancy, but all women are at risk of suffering from maternal mental health conditions.

(3) Untreated maternal mental health conditions significantly and negatively impact the short-term and long-term health and well-being of affected women and their children.

(4) Untreated maternal mental health conditions cause adverse birth outcomes, impaired maternal-infant bonding, poor infant growth, childhood emotional and behavioral problems, and significant medical and economic costs, estimated to be $22,500 per mother.

(5) Lack of understanding and social stigma of mental health conditions prevent women and families from understanding the signs, symptoms, and risks involved with maternal mental health conditions and disproportionately affect women who lack access to social support networks.

(Source: P.A. 103-881, eff. 1-1-25.)

(405 ILCS 120/9)

Sec. 9. Intent. It is the intent of the General Assembly:

(1) to raise awareness of the risk factors, signs, symptoms, and treatment options for maternal mental health conditions among pregnant women and their families, the general public, primary care providers, and health care providers who care for pregnant women, postpartum women, and newborn infants;

(2) to provide information to women and their families about maternal mental health conditions in order to lower the likelihood that new mothers will continue to suffer from this illness in silence;

(3) to develop procedures for assessing women for maternal mental health conditions during prenatal and postnatal visits to licensed health care professionals; and

(4) to promote early detection of maternal mental health conditions to promote early care and treatment and, when medically appropriate, to avoid medication.

(Source: P.A. 103-881, eff. 1-1-25.)

(405 ILCS 120/10)

Sec. 10. Definitions. In this Act:

"Birthing hospital" means a hospital that has an approved obstetric category of service and licensed beds by the Health Facilities and Services Review Board.

"Department" means the Department of Human Services.

"Licensed health care professional" means a physician licensed to practice medicine in all its branches, a licensed advanced practice registered nurse, or a licensed physician assistant.

"Maternal mental health condition" means a mental health condition that occurs during pregnancy or during the postpartum period and includes, but is not limited to, postpartum depression.

"Postnatal care" means an office visit to a licensed health care professional occurring within 12 months after birth, with reference to the infant or mother.

"Prenatal care" means an office visit to a licensed health care professional for pregnancy-related care occurring before the birth.

"Questionnaire" means an assessment tool administered by a licensed health care professional to detect maternal mental health conditions, such as the Edinburgh Postnatal Depression Scale, the Postpartum Depression Screening Scale, the Beck Depression Inventory, the Patient Health Questionnaire, or other validated assessment methods.

(Source: P.A. 103-881, eff. 1-1-25.)

(405 ILCS 120/14)

Sec. 14. Maternal mental health conditions prevention and treatment. The Department of Human Services, in conjunction with the Department of Healthcare and Family Services, the Department of Public Health, and the Department of Financial and Professional Regulation, shall work with birthing hospitals and licensed health care professionals in this State to develop policies, procedures, information, and educational materials to meet each of the following requirements concerning maternal mental health conditions:

(1) Licensed health care professionals providing prenatal care to women shall provide education to women and, if possible and with permission, to their families about maternal mental health conditions in accordance with the formal opinions and recommendations of the American College of Obstetricians and Gynecologists.

(2) Upon the Department of Human Services providing written information to birthing hospitals, all birthing hospitals shall provide new mothers, prior to discharge following childbirth, and, if possible, shall provide fathers and other family members with complete information about maternal mental health conditions, including their symptoms, methods of coping with the illness, treatment resources, post-hospital treatment options, and community resources. Hospitals shall supplement the resources provided by the Department to include relevant resources offered by the hospital, in the region, or community in which the birthing hospital is located, if available. Resources may be provided in an electronic format such as website links or QR Codes.

(3) Licensed health care professionals providing prenatal care at a prenatal visit shall invite each pregnant patient to complete a questionnaire and shall review the completed questionnaire in accordance with the formal opinions and recommendations of the American College of Obstetricians and Gynecologists. Assessment for maternal mental health conditions must be repeated when, in the professional judgment of the licensed health care professional, a reasonable possibility exists that the woman suffers from a maternal mental health condition.

(4) Licensed health care professionals providing postnatal care to women shall invite each patient to complete a questionnaire and shall review the completed questionnaire in accordance with the formal opinions and recommendations of the American College of Obstetricians and Gynecologists.

(5) Licensed health care professionals providing pediatric care to an infant shall invite the infant's mother to complete a questionnaire at any well-baby check-up at which the mother is present prior to the infant's first birthday, and shall review the completed questionnaire in accordance with the formal opinions and recommendations of the American College of Obstetricians and Gynecologists, in order to ensure that the health and well-being of the infant are not compromised by an undiagnosed maternal mental health condition in the mother. In order to share results from an assessment with the mother's primary licensed health care professional, consent should be obtained from the mother in accordance with the Illinois Health Insurance Portability and Accountability Act. If the mother is determined to present an acute danger to herself or someone else, consent is not required.

(Source: P.A. 103-881, eff. 1-1-25.)

(405 ILCS 120/15)

Sec. 15. Educational materials about maternal mental health conditions. The Department, in conjunction with the Department of Healthcare and Family Services, the Department of Public Health, and the Department of Financial and Professional Regulation, shall develop educational materials for health care professionals about maternal mental health conditions. Health care professionals or organizations representing health care professionals with expertise in the treatment of maternal mental health conditions shall be consulted in the development of the educational materials. A birthing hospital shall, on or before January 1, 2026, distribute these materials to employees regularly assigned to work with pregnant or postpartum women and incorporate these materials in any employee training that is related to patient care of pregnant or postpartum women. The educational materials developed under this Section shall include all of the following:

(1) Information for hospital employees regularly assigned to work in the perinatal unit, including, as appropriate, registered nurses and social workers, about maternal mental health conditions.

(2) Any other service the birthing hospital determines should be included in the program to provide optimal patient care.

(Source: P.A. 103-881, eff. 1-1-25.)