Second Substitute H.B. 81

This document includes House Committee Amendments incorporated into the bill on Wed, Feb 6, 2013 at 11:49 AM by lerror. -->

Representative Ronda Rudd Menlove proposes the following substitute bill:

1 CYTOMEGALOVIRUS PUBLIC HEALTH INITIATIVE
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ronda Rudd Menlove
5 Senate Sponsor: Curtis S. Bramble
6
7 LONG TITLE
8 General Description:
9 This bill amends the Utah Health Code and directs the Department of Health to
10 establish a public education program regarding the impacts and dangers of congenital
11 cytomegalovirus (CMV) infection and the methods of prevention of CMV infection.
12 Highlighted Provisions:
13 This bill:
14 . directs the Department of Health to create a public education program to inform
15 pregnant women and women who may become pregnant about the occurrence of
16 CMV, the transmission of CMV, the birth defects that CMV can cause, methods of
17 diagnosis, and available preventative measures;
18 . requires the Department of Health to provide this information to:
19 . licensed child care programs and their employees;
20 . health care facilities licensed pursuant to Title 26, Chapter 21, the Health Care
21 Facility Licensing and Inspection Act;
22 . child care programs administered by educational institutions regulated by the
23 boards of education of this state, private education institutions that provide
24 education in lieu of that provided by the public education system, or by
25 parochial education institutions;

26 . child care programs administered by public or private institutions of higher
27 education, if the care is provided in connection with a course of study or
28 program, relating to the education or study of children, that is provided to
29 students of the institution of higher education;
30 . child care programs administered at public schools by organizations other than
31 the public schools if the care is provided under contract with the public schools
32 or on school properties or if the public schools accept responsibility and
33 oversight for the care provided by the organizations;
34 . child care programs provided by organizations that qualify for tax exempt status
35 under Section 501(c)(3) of the Internal Revenue Code or that are provided
36 pursuant to a written agreement with a municipality or county;
37 . child care programs provided at residential support programs that are licensed
38 by the Department of Human Services;
39 . school nurses;
40 . health educators;
41 . health care providers offering care to pregnant women and infants; and
42 . religious, ecclesiastical, or denominational organizations offering children's
43 programs as a component of worship services;
44 . directs medical practitioners to test infants, who fail the newborn hearing screening
45 test(s), for CMV and inform the parents of those infants about the possible birth
46 defects that CMV can cause and the available treatment methods;
47 . directs the Department of Health to notify medical practitioners of the CMV testing
48 requirements; and
49 . grants rulemaking authority to the Department of Health.
50 Money Appropriated in this Bill:
51 None
52 Other Special Clauses:
53 None
54 Utah Code Sections Affected:
55 ENACTS:
56 26-10-10, Utah Code Annotated 1953

57
58 Be it enacted by the Legislature of the state of Utah:
59 Section 1. Section 26-10-10 is enacted to read:
60 26-10-10. Cytomegalovirus (CMV) public education and testing.
61 (1) As used in this section "CMV" means cytomegalovirus.
62 (2) The department shall establish and conduct a public education program to inform
63 pregnant women and women who may become pregnant regarding:
64 (a) the incidence of CMV;
65 (b) the transmission of CMV to pregnant women and women who may become
66 pregnant;
67 (c) birth defects caused by congenital CMV;
68 (d) methods of diagnosing congenital CMV; and
69 (e) available preventative measures.
70 (2) The department shall provide the information described in Subsection (2) to:
71 (a) child care programs licensed under Title 26, Chapter 39, Utah Child Care Licensing
72 Act, and their employees;
73 (b) a person described in Subsection 26-39-403 (1) (c), (f), (g), (h), (j), or (k);
74 (c) a person serving as a school nurse under Subsection 53A-11-204 ;
75 (d) a person offering health education in a school district;
76 (e) health care providers offering care to pregnant women and infants; and
77 (f) religious, ecclesiastical, or denominational organizations offering children's
78 programs as a part of worship services.
79 (3) If a newborn infant fails the newborn hearing screening test(s) under Subsection
80 26-10-6 (1), a medical practitioner shall:
81 (a) test the newborn infant for CMV before the newborn is 21 days of age, unless a
82 parent of the newborn infant objects; and
83 (b) provide to the parents of the newborn infant information regarding:
84 (i) birth defects caused by congenital CMV; and
85 (ii) available methods of treatment.
86 (4) The department shall provide to H. [ a ] the family and the .H medical practitioner,
86a H. if known, .H information regarding the
87 testing requirements under Subsection (3) when providing results indicating that an infant has

88 failed the newborn hearing screening test(s) under Subsection 26-10-6 (1).
89 (5) The department may make rules in accordance with Title 63G, Chapter 3, Utah
90 Administrative Rulemaking Act, as necessary to administer the provisions of this section.

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