H. B. 3015
(By Mr. Speaker, Mr. Kiss, and Delegates Perdue,
Leach, Varner, Foster, Long and Warner)
[Introduced February 14, 2003; referred to the
Committee on Health and Human Resources then Finance.]
A BILL to amend and reenact sections one, two and three, article
twenty-two, chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating to
detection and control of hemoglobinopathies in newborn
children.
Be it enacted by the Legislature of West Virginia:
That sections one, 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, all to read as
follows:
ARTICLE 22. DETECTION AND CONTROL OF PHENYLKETONURIA,
GALACTOSEMIA, HYPOTHYROIDISM, HEMOGLOBINOPATHIES
AND CERTAIN OTHER DISEASES IN NEWBORN CHILDREN.
§16-22-1. Findings.
The Legislature finds that phenylketonuria, galactosemia,
hypothyroidism, hemoglobinopathies and certain other diseases are
usually associated with mental retardation or other severe health
hazards. Laboratory tests are readily available to aid in the
detection of these diseases and hazards to the health of those
suffering thereof therefrom and may be lessened or prevented by
early detection and treatment. Damage from these diseases, if
untreated in the early months of life, is usually rapid and not
appreciably affected by treatment.
§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,
hemoglobinopathies and certain other diseases specified by the
state public health commissioner, and may adopt propose reasonable
rules and regulations for promulgation in accordance with article
three, chapter twenty-nine-a of this code that are 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, hemoglobinopathies 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, hemoglobinopathies and certain other
diseases specified by the state public health commissioner.
§16-22-3. Tests for phenylketonuria, galactosemia,
hypothyroidism, hemoglobinopathies 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,
hemoglobinopathies 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,
hemoglobinopathies 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, hemoglobinopathies
and certain other diseases specified by the state public health
commissioner.
(c) The state public health commissioner is authorized to may
promulgate propose rules for promulgation pursuant to article
three, 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 include the test for hemoglobinopathies with other medical screenings that are done at
birth.
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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