H. B. 2583
(By Delegates Hatfield, Perdue, Boggs,
Brown and Border)
[Introduced January 26, 2007; 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, congenital adrenal hyperplasia,
cystic fibrosis, biotinidase deficiency, isovaleric acidemia,
glutaric acidemia type I, 3-Hydroxy-3-methylglutaric aciduria,
multiple carboxylase deficiency, methylmalonic acidemia-mutase
deficiencvy form, 3-methylcrotonyl-CoA carboxylase deficiency,
methylmalonic acidemia, Cbl A and Cbl B forms, propionic
acidemia, beta-ketothiolase deficiency, medium-chain acyl-CoA
dehydrogenase deficiency, very long-chain acyl-CoA
dehydrogenase deficiency, long-chain hydroxyacyl-CoA
dehydronenase deficiency, trifunctional protein deficiency,
carnitine uptake defeat, maple syrup urine disease,
homocystinuria, citrullinemia type I, argininosuccinate
acidemia, tyrosinemia type I, hemoglobin S/Beta-thalassemia,
sickle C disease and hearing deficiency.
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 DISEASES IN NEWBORN CHILDREN.
§16-22-3. Tests for diseases specified by the State Public Health
Commissioner; reports; assistance to afflicted
children; Public Health Commissioner to propose
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,
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, 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 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.
(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
Bureau for Public Health. No later than the first day of July, two
thousand seven, the Bureau for Public Health shall also require
testing for congenital adrenal hyperplasia, cystic fibrosis and
biotinidase deficiency. No later than the first day of July, two
thousand eight, the Bureau for Public Health shall also require
testing for isovaleric acidemia, glutaric acidemia type I, 3-
Hydroxy-3-methylglutaric aciduria, multiple carboxylase deficiency,
methylmalonic acidemia-mutase deficiencvy form, 3-methylcrotonyl-
CoA carboxylase deficiency, methylmalonic acidemia, Cbl A and Cbl
B forms, propionic acidemia, beta-ketothiolase deficiency, medium-
chain acyl-CoA dehydrogenase deficiency, very long-chain acyl-CoA
dehydrogenase deficiency, long-chain hydroxyacyl-CoA dehydrogenase deficiency, trifunctional protein deficiency, carnitine uptake
defeat, maple syrup urine disease, homocystinuria, citrullinemia
type I, argininosuccinate acidemia, tyrosinemia type I, hemoglobin
S/Beta-thalassemia, sickle C disease and hearing deficiency.
(b) A positive result on any test specified in subsection (a)
of this section, or a positive result for any other diseases
specified by the Bureau for Public Health, shall be promptly
reported to the Bureau for Public Health by the director of the
laboratory performing such test.
(c) The Bureau for Public Health shall propose rules for
legislative approval in accordance with article three, chapter
twenty-nine of this code. These legislative rules may include:
(1) A means for the Bureau for Public Health, in cooperation
with other state agencies, and with attending physicians, to
provide medical, dietary and related assistance to children
determined to be afflicted with any disease specified in subsection
(a) of this section and certain other diseases specified by the
Bureau for Public Health; and
(2) A means for payment for the screening provided for in this
section; and
(3) Anything further considered necessary by the Bureau for
Public Health to implement the provisions of this section.
NOTE: The purpose of the bill is to expand newborn screening
from the current eight by adding all twenty-nine of the newborn screenings recommended by the March of Dimes and the American
Academy of Pediatrics. The tests will be phased in over a two-year
period.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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