South Carolina H 4625: Parental Perinatal Mental Health Screening and Education Act

Bill Text

2025-2026 Bill 4625 Text of Previous Version (Dec. 17, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4625

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. This act may be cited as the "Parental Perinatal Mental Health Screening 
and Education Act."

SECTION 2. Chapter 37, Title 44 of the S.C. Code is amended by 
adding: 

Article 3

Parental Perinatal Mental Health Screening and 
Education

 Section 
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.

 Section 
44-37-320. For 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.

 Section 
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.

 Section 
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.

 Section 
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.

 Section 
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 partn