Bill Text: OH HB183 | 2013-2014 | 130th General Assembly | Introduced
Bill Title: To codify the genetic, endocrine, and metabolic disorders screened for under the existing Newborn Screening Program and to declare an emergency.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-06-04 - To Health and Aging [HB183 Detail]
Download: Ohio-2013-HB183-Introduced.html
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Representative Barnes
Cosponsor:
Representative Patmon
To amend sections 3701.501 and 3701.503 of the | 1 |
Revised Code to codify the genetic, endocrine, and | 2 |
metabolic disorders screened for under the | 3 |
existing Newborn Screening Program and to declare | 4 |
an emergency. | 5 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3701.501 and 3701.503 of the | 6 |
Revised Code be amended to read as follows: | 7 |
Sec. 3701.501. (A)(1) Except as provided in division (A)(2) | 8 |
of this section, all newborn children shall be screened for the | 9 |
presence of the genetic, endocrine, and metabolic disorders | 10 |
specified in | 11 |
section. | 12 |
(2) Division (A)(1) of this section does not apply if the | 13 |
parents of the child object thereto on the grounds that the | 14 |
screening conflicts with their religious tenets and practices. | 15 |
(B) There is hereby created the newborn screening advisory | 16 |
council to advise the director of health regarding the screening | 17 |
of newborn children for genetic, endocrine, and metabolic | 18 |
disorders. The council shall engage in an ongoing review of the | 19 |
newborn screening requirements established under this section and | 20 |
shall provide recommendations and reports to the director as the | 21 |
director requests and as the council considers necessary. The | 22 |
director may assign other duties to the council, as the director | 23 |
considers appropriate. | 24 |
The council shall consist of fourteen members appointed by | 25 |
the director. In making appointments, the director shall select | 26 |
individuals and representatives of entities with interest and | 27 |
expertise in newborn screening, including such individuals and | 28 |
entities as health care professionals, hospitals, children's | 29 |
hospitals, regional genetic centers, regional sickle cell centers, | 30 |
newborn screening coordinators, and members of the public. | 31 |
The department of health shall provide meeting space, staff | 32 |
services, and other technical assistance required by the council | 33 |
in carrying out its duties. Members of the council shall serve | 34 |
without compensation, but shall be reimbursed for their actual and | 35 |
necessary expenses incurred in attending meetings of the council | 36 |
or performing assignments for the council. | 37 |
The council is not subject to sections 101.82 to 101.87 of | 38 |
the Revised Code. | 39 |
(C) | 40 |
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freestanding birthing center shall screen a newborn born in the | 62 |
hospital or center for the presence of all of the following | 63 |
genetic, endocrine, or metabolic disorders: | 64 |
(1) Argininemia; | 65 |
(2) Argininosuccinic acidemia; | 66 |
(3) Biotinidase deficiency; | 67 |
(4) Carnitine/acylcarnitine translocase deficiency; | 68 |
(5) Carnitine palmitoyl transferase deficiency type II; | 69 |
(6) Carnitine uptake defect; | 70 |
(7) Citrullinemia; | 71 |
(8) Congenital adrenal hyperplasia; | 72 |
(9) Congenital hypothyroidism; | 73 |
(10) Cystic fibrosis; | 74 |
(11) Galactosemia; | 75 |
(12) Glutaric acidemia type I; | 76 |
(13) Glutaric acidemia type II; | 77 |
(14) Homocystinuria (cystathionine-beta-synthase deficiency); | 78 |
(15) Hypermethioninemia; | 79 |
(16) Isobutyryl-CoA dehydrogenase deficiency; | 80 |
(17) Isovaleric acidemia; | 81 |
(18) Long chain hydroxyacyl-CoA dehydrogenase deficiency; | 82 |
(19) Maple syrup urine disease; | 83 |
(20) Medium chainacyl-CoA dehydrogenase deficiency; | 84 |
(21) Methylmalonic acidemia; | 85 |
(22) Multiple CoA carboxylase deficiency; | 86 |
(23) Phenylketonuria; | 87 |
(24) Propionic acidemia; | 88 |
(25) Short chain acyl-CoA dehydrogenase deficiency; | 89 |
(26) Trifunctional protein deficiency; | 90 |
(27) Tyrosinemia type-I; | 91 |
(28) Tyrosinemia type-II; | 92 |
(29) Tyrosinemia type-III; | 93 |
(30) Very long chain acyl-CoA dehydrogenase deficiency; | 94 |
(31) 2-methylbutyryl-CoA dehydrogenase deficiency; | 95 |
(32) 3-hydroxy-3-methylglutaryl-CoA lyase deficiency; | 96 |
(33) 3-ketothiolase deficiency; | 97 |
(34) 3-methylcrotonyl-CoA carboxylase deficiency; | 98 |
(35) Sickle cell and other hemoglobinopathies. | 99 |
(D) The director shall adopt rules in accordance with Chapter | 100 |
119. of the Revised Code establishing standards and procedures for | 101 |
the screenings required by this section. The rules shall include | 102 |
standards and procedures for all of the following: | 103 |
(1) Causing rescreenings to be performed when initial | 104 |
screenings have abnormal results; | 105 |
(2) Designating the person or persons who will be responsible | 106 |
for causing screenings and rescreenings to be performed; | 107 |
(3) Giving to the parents of a child notice of the required | 108 |
initial screening and the possibility that rescreenings may be | 109 |
necessary; | 110 |
(4) Communicating to the parents of a child the results of | 111 |
the child's screening and any rescreenings that are performed and | 112 |
giving to the child's parents information on each disorder for | 113 |
which the child's screening or rescreening result was abnormal; | 114 |
(5) Giving notice of the results of an initial screening and | 115 |
any rescreenings to the person who caused the child to be screened | 116 |
or rescreened, or to another person or government entity when the | 117 |
person who caused the child to be screened or rescreened cannot be | 118 |
contacted; | 119 |
(6) Referring children who receive abnormal screening or | 120 |
rescreening results to providers of follow-up services, including | 121 |
the services made available through funds disbursed under division | 122 |
(F) of this section. | 123 |
(E)(1) Except as provided in divisions (E)(2) and (3) of this | 124 |
section, all newborn screenings required by this section shall be | 125 |
performed by the public health laboratory authorized under section | 126 |
3701.22 of the Revised Code. | 127 |
(2) If the director determines that the public health | 128 |
laboratory is unable to perform screenings for all of the | 129 |
disorders specified in | 130 |
this section, the director shall select another laboratory to | 131 |
perform the screenings. The director shall select the laboratory | 132 |
by issuing a request for proposals. The director may accept | 133 |
proposals submitted by laboratories located outside this state. At | 134 |
the conclusion of the selection process, the director shall enter | 135 |
into a written contract with the selected laboratory. If the | 136 |
director determines that the laboratory is not complying with the | 137 |
terms of the contract, the director shall immediately terminate | 138 |
the contract and another laboratory shall be selected and | 139 |
contracted with in the same manner. | 140 |
(3) Any rescreening caused to be performed pursuant to this | 141 |
section may be performed by the public health laboratory or one or | 142 |
more other laboratories designated by the director. Any laboratory | 143 |
the director considers qualified to perform rescreenings may be | 144 |
designated, including a laboratory located outside this state. If | 145 |
more than one laboratory is designated, the person responsible for | 146 |
causing a rescreening to be performed is also responsible for | 147 |
selecting the laboratory to be used. | 148 |
(F)(1) The director shall adopt rules in accordance with | 149 |
Chapter 119. of the Revised Code establishing a fee that shall be | 150 |
charged and collected in addition to or in conjunction with any | 151 |
laboratory fee that is charged and collected for performing the | 152 |
screenings required by this section. The fee, which shall be not | 153 |
less than fourteen dollars, shall be disbursed as follows: | 154 |
(a) Not less than ten dollars and twenty-five cents shall be | 155 |
deposited in the state treasury to the credit of the genetics | 156 |
services fund, which is hereby created. Not less than seven | 157 |
dollars and twenty-five cents of each fee credited to the genetics | 158 |
services fund shall be used to defray the costs of the programs | 159 |
authorized by section 3701.502 of the Revised Code. Not less than | 160 |
three dollars from each fee credited to the genetics services fund | 161 |
shall be used to defray costs of phenylketonuria programs. | 162 |
(b) Not less than three dollars and seventy-five cents shall | 163 |
be deposited into the state treasury to the credit of the sickle | 164 |
cell fund, which is hereby created. Money credited to the sickle | 165 |
cell fund shall be used to defray costs of programs authorized by | 166 |
section 3701.131 of the Revised Code. | 167 |
(2) In adopting rules under division (F)(1) of this section, | 168 |
the director shall not establish a fee that differs according to | 169 |
whether a screening is performed by the public health laboratory | 170 |
or by another laboratory selected by the director pursuant to | 171 |
division (E)(2) of this section. | 172 |
Sec. 3701.503. As used in section 3701.501 and sections | 173 |
3701.504 to 3701.509 of the Revised Code: | 174 |
(A) "Parent" means either parent, unless the parents are | 175 |
separated or divorced or their marriage has been dissolved or | 176 |
annulled, in which case "parent" means the parent who is the | 177 |
residential parent and legal custodian. | 178 |
(B) "Guardian" has the same meaning as in section 2111.01 of | 179 |
the Revised Code. | 180 |
(C) "Custodian" means, except as used in division (A) of this | 181 |
section, a government agency or an individual, other than the | 182 |
parent or guardian, with legal or permanent custody of a child as | 183 |
defined in section 2151.011 of the Revised Code. | 184 |
(D) "Hearing screening" means the identification of newborns | 185 |
and infants who may have a hearing impairment, through the use of | 186 |
a physiologic test. | 187 |
(E) "Hearing evaluation" means evaluation through the use of | 188 |
audiological procedures by an audiologist or physician. | 189 |
(F) "Hearing impairment" means a loss of hearing in one or | 190 |
both ears in the frequency region important for speech recognition | 191 |
and comprehension. | 192 |
(G) "Newborn" means a child who is less than thirty days old. | 193 |
(H) "Infant" means a child who is at least thirty days but | 194 |
less than twenty-four months old. | 195 |
(I) "Freestanding birthing center" has the same meaning as in | 196 |
section 3702.141 of the Revised Code. | 197 |
(J) "Physician" means an individual authorized under Chapter | 198 |
4731. of the Revised Code to practice medicine and surgery or | 199 |
osteopathic medicine and surgery. | 200 |
(K) "Audiologist" means an individual authorized under | 201 |
section 4753.07 of the Revised Code to practice audiology. | 202 |
(L) "Hospital" means a hospital that has a maternity unit or | 203 |
newborn nursery. | 204 |
(M) "Maternity unit" means any unit or place in a hospital | 205 |
where women are regularly received and provided care during all or | 206 |
part of the maternity cycle, except that "maternity unit" does not | 207 |
include an emergency department or similar place dedicated to | 208 |
providing emergency health care. | 209 |
(N) "Board of health" means the board of health of a city or | 210 |
general health district or the authority having the duties of a | 211 |
board of health under section 3709.05 of the Revised Code. | 212 |
Section 2. That existing sections 3701.501 and 3701.503 of | 213 |
the Revised Code are hereby repealed. | 214 |
Section 3. This act is hereby declared to be an emergency | 215 |
measure necessary for the immediate preservation of the public | 216 |
peace, health, and safety. The reason for such necessity is that | 217 |
many of the disorders included in the Newborn Screening Program | 218 |
panel cannot be detected by merely observing a newborn and early | 219 |
detection of a disorder soon after birth can help prevent serious | 220 |
problems, including brain damage, organ damage, and even death. | 221 |