H. B. 2078
(By Delegate Kiss (By Request)
[Introduced January 19, 1995; referred to the
Committee on Health and Human Resources.]
A BILL to amend and reenact sections two and three, article
twenty-two, chapter sixteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating
to including cystic fibrosis as a testable health issue in
child care screening.
Be it enacted by the Legislature of West Virginia:
That sections two and three, article twenty-two, chapter
sixteen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as
follows:
ARTICLE 22. DETECTION AND CONTROL OF PHENYLKETONURIA,
GALACTOSEMIA, HYPOTHYROIDISM, AND CERTAIN OTHER
DISEASES IN NEWBORN CHILDREN.
§16-22-2. Program to combat mental retardation or other severe
health hazards; rules; facilities for making tests.
The state bureau of public health is hereby authorized to
establish and carry out a program designed to combat mental
retardation or other severe health hazards in our state's
population due to phenylketonuria, galactosemia, hypothyroidism,
cystic fibrosis and certain other diseases specified by the state
public health commissioner, and may adopt reasonable rules and
regulations necessary to carry out such a program. The bureau
of public health shall establish and maintain facilities at its
state hygienic laboratory for testing specimens for the detection
of phenylketonuria, galactosemia, hypothyroidism, cystic fibrosis
and certain other diseases specified by the state public health
commissioner. Tests shall be made by such laboratory of
specimens upon request by physicians, hospital medical personnel
and other individuals attending newborn infants. The state
bureau of public health is authorized to establish additional
laboratories throughout the state to perform tests for the
detection of phenylketonuria, galactosemia, hypothyroidism, cystic fibrosis and certain other diseases specified by the state
public health commissioner.
§16-22-3. Tests for phenylketonuria, galactosemia,
hypothyroidism and cystic fibrosis and certain
other diseases specified by the state public health
commissioner; reports; assistance to afflicted
children; public health commissioner to promulgate
rules.
(a) The hospital or birthing center in which an infant is
born, the parents or legal guardians, the physician attending a
newborn child, or any person attending a newborn child not under
the care of a physician shall require and ensure that each such
child be tested for phenylketonuria, galactosemia,
hypothyroidism, cystic fibrosis and certain other diseases
specified by the state public health commissioner according to
current recommendations of the state bureau of public health.
Any test found positive for phenylketonuria, galactosemia,
hypothyroidism, cystic fibrosis or certain other diseases
specified by the state public health commissioner shall be
promptly reported to the state bureau of public health by the
director of the laboratory performing such test.
(b) The state bureau of public health, in cooperation with
other state departments and agencies, and with attending
physicians, is authorized to provide medical, dietary and related
assistance to children determined to be afflicted with
phenylketonuria, galactosemia, hypothyroidism, cystic fibrosis
and certain other diseases specified by the state public health
commissioner.
(c) The state public health commissioner is authorized to
promulgate rules pursuant to chapter twenty-nine of this code to
implement the provisions of this section, with the approval of
the secretary of the department of health and human resources.
NOTE: The purpose of this bill is to require newborn care
centers to provide cystic fibrosis screening.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.