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2018 SESSION
18104484DBe it enacted by the General Assembly of Virginia:
1. That §§ 32.1-65 and 32.1-67 of the Code of Virginia are amended and reenacted as follows:
§ 32.1-65. Certain newborn screening required; exemption.
A. In order to prevent intellectual disability and permanent disability or death, every infant who is born in the Commonwealth shall be subjected to screening tests for various disorders consistent with, but not necessarily identical to, the uniform condition panel recommended by the U.S. Secretary of Health and Human Services and the Secretary's Advisory Committee on Heritable Disorders in Newborns and Children; however, such screening shall include screening for Pompe disease, mucopolysaccharidosis type 1 (MPS-1), and other lysosomal storage disorders for which a screening test approved by the U.S. Food and Drug Administration exists. Screening tests required pursuant to this subsection shall be performed by the Division of Consolidated Laboratory Services or any other laboratory the Department of Health has contracted with to provide this service.
B. In addition to the screening tests required pursuant to subsection A, every infant born in a hospital in the Commonwealth that has a newborn nursery shall be screened for critical congenital heart defect, using pulse oximetry or other Board-approved screening test that is based on standards set forth by the American Academy of Pediatrics. Such screening shall be performed when the infant is at least 24 hours old but no more than 48 hours old or, in cases in which the infant is discharged from the hospital prior to reaching 24 hours of age, prior to discharging the infant.
C. Any
infant whose parent or guardian objects thereto to the performance of
testing required pursuant to this section on the grounds that
such tests conflict with his religious practices or tenets shall not be
required to receive such screening tests.
D. The
physician or,
certified nurse midwife, or other health
care provider in charge of the infant's care after delivery
shall cause such the
tests required pursuant to this section
to be performed. The screening tests
shall be performed by the Division of Consolidated Laboratory Services or any
other laboratory the Department of Health has contracted with to provide this
service.
E. The program for screening infants for sickle cell diseases shall be conducted in addition to the programs provided for in Article 8 (§ 32.1-68 et seq.).
§ 32.1-67. Duty of Board for follow-up and referral protocols; regulations.
Infants identified with any condition for which newborn
screening is conducted pursuant to § 32.1-65 or
32.1-65.1 shall be eligible for the services of the
Children with Special Health Care Needs Program administered by the Department
of Health. The Board of Health shall promulgate such regulations as may be
necessary to implement Newborn Screening Services and the Children with Special
Health Care Needs Program. The Board's regulations shall include, but not be
limited to, a list of newborn screening tests conducted pursuant to §§ 32.1-65
and 32.1-65.1, notification processes conducted pursuant to
§ 32.1-66, follow-up procedures, appropriate referral processes, and services
available for infants and children who have a heritable disorder or genetic
disease identified through Newborn Screening Services.
2. That § 32.1-65.1 of the Code of Virginia is repealed.