Motherhood and Mental Illness

"The Mother's Act" was passed by Congress in May 2009. Intended to help women with post-partum depression, civil libertarians need to keep an eye on it.

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There’s got to be a joke in here, somewhere, about hormone-crazed women, craving dietary oddments.

A recent US federal legislative invasion, “The Mother’s Act” – passed in May 2009– isn’t funny, though. It’s designed to “ensure that new mothers and their families are educated about postpartum depression, screened for symptoms, and provided with essential services, and to increase research at the National Institutes of Health on postpartum depression” [quoting from the bill]. Here are a few salient excerpts. From the “Findings” section:

The Congress finds as follows:

(1) Postpartum depression is a devastating mood disorder which strikes many women during and after pregnancy.

(2) Postpartum mood changes are common and can be broken into three subgroups: `baby blues,’ which is an extremely common and the less severe form of postpartum depression; postpartum mood and anxiety disorders, which are more severe than baby blues and can occur during pregnancy and anytime within the first year of the infant’s birth; and postpartum psychosis, which is the most extreme form of postpartum depression and can occur during pregnancy and up to twelve months after delivery.

(8) Postpartum depression is a treatable disorder if promptly diagnosed by a trained provider and attended to with a personalized regimen of care including social support, therapy, medication, and when necessary hospitalization.

(11) Untreated, postpartum depression impacts society through its effect on the infant’s physical and psychological and cognitive development, child abuse, neglect or death of the infant or other siblings, and the disruption of the family.

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To address this, Congress authorizes educational materials about postpartum depression be given to women who have recently given birth, and their families, and:

(1)… screen new mothers for postpartum conditions during their first year of postnatal checkup visits, including the standard 6-week postnatal checkup visit; and
(2) provide for the delivery of essential services to individuals with postpartum conditions and their families.

Of course, this involves grant money “… to carry out the activities described in subsection (c)(2).” If a state receives a grant or contract under this legislation, then it must:

(C)….ensure that new mothers, during visits to a physician, certified nurse midwife, certified midwife, nurse, or licensed healthcare professional who is licensed or certified by the State, within the first year after the birth of their child, are offered screenings for postpartum conditions by using the Edinburgh Postnatal Depression Scale (EPDS), or other appropriate tests. If the results of such screening provide warning signs for postpartum conditions, the new mother shall be referred to an appropriate mental healthcare provider.

Services that may be “authorized” include:

(A) Delivering or enhancing outpatient and home-based health and support services, including case management, screening and comprehensive treatment services for individuals with or at risk for postpartum conditions, and delivering or enhancing support services for their families.
(B) Delivering or enhancing inpatient care management services that ensure the well being of the mother and family and the future development of the infant.
(C) Improving the quality, availability, and organization of health care and support services (including transportation services, attendant care, homemaker services, day or respite care, and providing counseling on financial assistance and insurance) for individuals with postpartum conditions and support services for their families.
(d) Integration With Other Programs- To the extent practicable and appropriate, the Secretary shall integrate the program under this title with other grant programs carried out by the Secretary, including the program under section 330
.

There’s also a research program attached to this and more grant money.

How does this legal language translate into the real world? Opponents of the bill contend that it will, at the very least, increase prescriptions for antidepressants for both postpartum and pregnant mothers, which are responsible for a small percentage of babies born with serious or life-threatening birth defects, spontaneous abortions, and premature births. That’s a potential “side effect” of taking any medication, however, and is a problem with or without the “Mother’s Act.”

The major concern about this legislation is that services “offered” today may become mandatory tomorrow. New Jersey has a Postpartum Depression law that requires medical providers to screen new mothers for mental disorders and there have been several cases of New Jersey women being forcibly taken to the hospital for saying they were depressed. “Yolanda Iyube of Franklin in Somerset County says she confided to her gynaecologist two years ago she was consumed with scary thoughts about her baby dying violently. Before she left the office, a police-escorted social worker took her to the emergency room. ‘They brought me in a police car to the hospital. It was horrible - everyone was looking at me like I had committed a crime.’” (Susan K. Livio, “Postpartum depression law called a disappointment so far,” Star-Ledger, 12-9-07).

Stories like that feed the worst paranoia about government, which too often lives up to expectations. The Mother’s Act may be law but that doesn’t mean we shouldn’t keep an eye on it.

Info: http://www.youtube.com/watch?v=Qble_vQEC7M


The views and opinions expressed herein are those of the author only, not of Spero News.
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