H. B. 2766
(By Delegates Webster, Perdue, Williams, Wysong,
Schoen, Carmichael and Susman)
[Introduced March 1, 2005
; referred to the
Committee on Health and Human Resources then Finance.]
A BILL to amend and reenact §16-22-3 of the Code of West Virginia,
1931, as amended, relating to the expansion of newborn testing
to include sickle cell anemia.
Be it enacted by the Legislature of West Virginia:
That §16-22-3 of the Code of West Virginia, 1931, 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.
§16-22-3. Tests for phenylketonuria, galactosemia, sickle cell
anemia and hypothyroidism 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, sickle
cell anemia 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, sickle cell anemia
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, sickle cell anemia
and certain other diseases specified by the State Public Health
Commissioner.
(c) The State Public Health Commissioner is authorized to
promulgate propose rules for promulgation by the Legislature
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 testing of
newborns for and authorize treatment of sickle cell anemia.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
This bill was recommended for introduction and passage during
the 2005 session of the Legislature by Select Committee E.
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