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2025-2026 Bill 4625: Parental Perinatal Mental Health Screening and Education Act - South Carolina Legislature Online
South Carolina General Assembly
126th Session, 2025-2026
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H. 4625
STATUS INFORMATION
General Bill
Sponsors: Reps. Grant and Pope
Document Path: LC-0344VR26.docx
Introduced in the House on January 13, 2026
Currently residing in the House Committee on
Medical, Military, Public and Municipal Affairs
Summary: Parental Perinatal Mental Health Screening and Education Act
HISTORY OF LEGISLATIVE ACTIONS
Date
Body
Action Description with journal page number
12/16/2025
House
Prefiled
12/16/2025
House
Referred to Committee on
Medical, Military, Public and Municipal Affairs
1/13/2026
House
Introduced and read first time (
House Journal-page 39
)
1/13/2026
House
Referred to Committee on
Medical, Military, Public and Municipal Affairs
(
House Journal-page 39
)
View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/17/2025
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE
"PARENTAL PERINATAL MENTAL HEALTH SCREENING AND EDUCATION ACT" BY ADDING
ARTICLE 3 TO CHAPTER 37, TITLE 44 SO AS TO REQUIRE CERTAIN HEALTHCARE
FACILITIES AND HEALTHCARE PROVIDERS TO OFFER PERINATAL MENTAL HEALTH SCREENINGS
TO EXPECTANT PARENTS AND PARENTS OF NEWBORNS, AS WELL AS APPROPRIATE
EDUCATIONAL MATERIALS AND REFERRALS FOR TREATMENT; TO REQUIRE THE DEPARTMENT OF
BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES AND OTHER STATE AGENCIES TO DEVELOP
GUIDANCE AND PROMULGATE REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF
THIS ARTICLE; TO DESIGNATE SECTIONS
44-37-10
TO
44-37-70
AS ARTICLE 1, entitled
"GENERAL PROVISIONS"; AND FOR OTHER PURPOSES.
B
e it enacted by the
General Assembly of the State of South Carolina:
S
ECTION 1.
This act may be cited as the "Parental Perinatal Mental Health Screening
and Education Act."
S
ECTION 2.
C
hapter 37, Title 44 of the S.C. Code is amended by
adding:
A
rticle 3
P
arental Perinatal Mental Health Screening and
Education
S
ection
44-37-310
. The General Assembly finds that perinatal mental health affects the
well-being of families, care of newborns, child development, and long-term
community health. Mothers, fathers, and other adult birthing partners may
experience perinatal depression or anxiety but often remain undiagnosed. The
purpose of this article is to support families by ensuring that healthcare
providers offer voluntary mental health screening, education, and referrals in
a manner consistent with medical ethics, patient consent, and privacy
protections.
S
ection
44-37-320
.
F
or purposes of this article:
(
1)
"Adult birthing partner" means an adult identified by the pregnant or
postpartum patient as a father, expectant father, spouse, partner, or other
adult who will assume parental or caregiving responsibility after the birth of
a child.
(
2)
"Healthcare provider" means a physician, advanced practice registered nurse,
physician assistant, certified nurse-midwife, or other licensed professional
providing prenatal, delivery, or postpartum medical care.
(
3)
"Licensed health facility" means a hospital, birthing center, or medical
facility licensed pursuant to Title 44 that provides obstetric or newborn
services.
(
4)
"Perinatal mental health screening" means the use of a validated, noninvasive
questionnaire for identifying risk of depression, anxiety, or related mental health
conditions.
S
ection
44-37-330
.
(
A) A healthcare
provider or licensed healthcare facility shall offer the mother and the father
or other adult birthing partner the opportunity to complete a perinatal mental health
screening:
(
1)
during the prenatal period at or after twenty-four weeks' gestation; and
(
2)
at postpartum discharge or at the first postpartum follow-up visit.
(
B)
Participation in the perinatal mental health screening is voluntary, and no
provider shall compel, coerce, or condition care on the completion or refusal
of a screening.
(
C)
The offer of a perinatal mental health screening and the mother's and the
father's or other adult birthing partner's acceptance, refusal, or completion
must be documented in the medical record of the pregnant or postpartum patient
or in a separate file maintained by the healthcare facility.
S
ection
44-37-340
.
(
A) Licensed healthcare
facilities providing obstetric services shall give mothers and fathers or other
adult birthing partners educational materials on maternal and paternal
postpartum depression, risk factors, symptoms, and available mental health
resources.
(
B)
Materials must be provided at no cost and in formats accessible to individuals
with limited English proficiency pursuant to federal and state law.
S
ection
44-37-350
.
(
A) If a perinatal
mental health screening of a mother, father, or other adult birthing partner indicates
elevated risk, the healthcare provider shall:
(
1)
inform the individual of the results;
(
2)
provide information on available mental health services, including
community-based, telehealth, and Medicaid-covered options; and
(
3)
offer to make a referral for evaluation or treatment.
(
B)
No treatment may be provided a mother, father, or other adult birthing partner
without the individual's consent.
S
ection
44-37-360
.
(
A) All perinatal mental
health screening results are protected health information under the federal
Health Insurance Portability and Accountability Act and applicable state law. A
father's or other adult birthing partner's results must be maintained
separately from maternal health records unless the father or other adult
birthing partner authorizes disclosure to the mother.
(
B)
Perinatal mental health screening information may be disclosed only:
(
1)
with the written consent of the mother, father, or other adult birthing
partner;
(
2)
as required by law for imminent threat or safety concerns; or
(
3)
as permitted by federal privacy regulations.
S
ection
44-37-370
.
(
A) The Department of
Behavioral Health and Developmental Disabilities' Office of Mental Health, in
coordination with the Department of Public Health, the State Board of Medical
Examiners, the State Board of Nursing, and the South Carolina Department of
Health and Human Services, shall:
(
1)
issue guidance for healthcare providers on recommended screening tools;
(
2)
develop standardized educational materials;
(
3)
make reimbursement available under Medicaid for perinatal mental health
screening and counseling services; and
(
4)
provide training resources for healthcare providers and healthcare facilities.
(
B)
The Department of Behavioral Health and Developmental Disabilities, Department
of Public Health, South Carolina Department of Health and Human Services, and
Department of Labor, Licensing and Regulation may promulgate regulations
necessary to implement the provisions of this article.
S
ection
44-37-380
. A healthcare provider or healthcare facility that offers perinatal
mental health screening, documents the offer, and provides referrals in good
faith is not civilly or administratively liable for a mother's or a father's or
other adult birthing partner's refusal, failure to participate, or subsequent
mental health outcomes.
S
ection
44-37-390
. This article does not create a private right of action against a
healthcare provider, healthcare facility, or state agency.
S
ECTION 3. Sections
44-37-10
to
44-37-70
are designated Article 1, entitled "General Provisions."
S
ECTION 4. This act takes effect upon approval
by the Governor.
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This web page was last updated on January 13, 2026 at 2:42 PM