H.B. 276

This document includes House Committee Amendments incorporated into the bill on Mon, Feb 4, 2013 at 12:27 PM by lerror. --> This document includes Senate Committee Amendments incorporated into the bill on Wed, Feb 13, 2013 at 3:50 PM by lpoole. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Wed, Feb 27, 2013 at 12:44 PM by lpoole. --> This document includes Senate Committee Amendments (CORRECTED) incorporated into the bill on Wed, Mar 13, 2013 at 12:52 PM by lpoole. --> 1

NEWBORN SCREENING FOR CRITICAL CONGENITAL
2 HEART DEFECTS
3 2013 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Paul Ray
6 Senate Sponsor: Ralph Okerlund
7
8 LONG TITLE
9 General Description:
10 This bill amends the Utah Health Code.
11 Highlighted Provisions:
12 This bill:
13 . amends newborn testing requirements to include pulse oximetry for identification of
14 critical congenital heart defects; H. [ and ]
14a . requires the Department of Health to conduct a pilot program to determine the most
14b appropriate methods to implement pulse oximetry screening; and .H
15 . makes technical changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 26-10-6, as last amended by Laws of Utah 2011, Chapter 366
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 26-10-6 is amended to read:
26 26-10-6. Testing of newborn infants.
27 (1) Except in the case where parents object on the grounds that they are members of a

28 specified, well-recognized religious organization whose teachings are contrary to the tests
29 required by this section, each newborn infant shall be tested for:
30 (a) phenylketonuria (PKU);
31 (b) other H. [ metabolic diseases ] heritable disorders .H which may result in an
31a intellectual H. or physical .H disability or H. [ brain
32 damage ] death .H and for which:
33 (i) a preventive measure or treatment is available; and
34 (ii) there exists a reliable laboratory diagnostic test method; [and]
35 (c) (i) [beginning July 1, 1998,] S. [ for ] .S an infant born in a hospital with 100 or more
35a live
36 births annually, hearing loss; and
37 (ii) [beginning July 1, 1999,] S. [ for ] .S an infant born in a setting other than a hospital
37a with
38 100 or more live births annually, hearing loss[.]; and
39 (d) H. beginning October 1, 2014, .H critical congenital heart defects using pulse
39a oximetry.
40 (2) In accordance with Section 26-1-6 , the department may charge fees for:
41 (a) materials supplied by the department to conduct tests required under Subsection (1);
42 (b) tests required under Subsection (1) conducted by the department;
43 (c) laboratory analyses by the department of tests conducted under Subsection (1); and
44 (d) the administrative cost of follow-up contacts with the parents or guardians of tested
45 infants.
46 (3) Tests for hearing loss under Subsection (1) shall be based on one or more methods
47 approved by the Newborn Hearing Screening Committee, including:
48 (a) auditory brainstem response;
49 (b) automated auditory brainstem response; and
50 (c) evoked otoacoustic emissions.
51 (4) Results of tests for hearing loss under Subsection (1) shall be reported to:
52 (a) parents when results of tests for hearing loss under Subsection (1) suggest that
53 additional diagnostic procedures or medical interventions are necessary; and
54 (b) the department.
55 (5) (a) There is established the Newborn Hearing Screening Committee.
56 (b) The committee shall advise the department on:
57 (i) the validity and cost of newborn infant hearing loss testing procedures; and
58 (ii) rules promulgated by the department to implement this section.

59 (c) The committee shall be composed of at least 11 members appointed by the
60 executive director, including:
61 (i) one representative of the health insurance industry;
62 (ii) one pediatrician;
63 (iii) one family practitioner;
64 (iv) one ear, nose, and throat specialist nominated by the Utah Medical Association;
65 (v) two audiologists nominated by the Utah Speech-Language-Hearing Association;
66 (vi) one representative of hospital neonatal nurseries;
67 (vii) one representative of the Early Intervention Baby Watch Program administered by
68 the department;
69 (viii) one public health nurse;
70 (ix) one consumer; and
71 (x) the executive director or his designee.
72 (d) Of the initial members of the committee, the executive director shall appoint as
73 nearly as possible half to two-year terms and half to four-year terms. Thereafter, appointments
74 shall be for four-year terms except:
75 (i) for those members who have been appointed to complete an unexpired term; and
76 (ii) as necessary to ensure that as nearly as possible the terms of half the appointments
77 expire every two years.
78 (e) A majority of the members constitute a quorum and a vote of the majority of the
79 members present constitutes an action of the committee.
80 (f) The committee shall appoint a chairman from its membership.
81 (g) The committee shall meet at least quarterly.
82 (h) A member may not receive compensation or benefits for the member's service, but
83 may receive per diem and travel expenses in accordance with:
84 (i) Section 63A-3-106 ;
85 (ii) Section 63A-3-107 ; and
86 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
87 63A-3-107 .
88 (i) The department shall provide staff for the committee.
88a H. (6) Prior to implementing the test required by Subsection (1)(d), the department
88b shall conduct a pilot program for testing newborns for critical congenital heart defects using

88c pulse oximetry. The pilot program shall include the development of:
88d (a) appropriate oxygen saturation levels that would indicate a need for further medical
88e follow-up; S. and .S
88f (b) the best methods for implementing the pulse oximetry screening in newborn care
88g units S. [ ; and
88h (c) electronic reporting mechanisms ] .S . .H

Legislative Review Note
as of 1-23-13 9:15 AM

Office of Legislative Research and General Counsel

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