MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Public Health and Welfare

By: Representative Holland, Scott (17th)

AN ACT TO AMEND SECTION 41-21-203, MISSISSIPPI CODE OF 1972, TO REQUIRE THE PHYSICIAN ATTENDING A NEWBORN CHILD, OR THE PERSON ATTENDING A NEWBORN CHILD THAT WAS NOT ATTENDED BY A PHYSICIAN, TO NOTIFY THE PARENTS OF THE NEWBORN CHILD THAT THERE ARE NEWBORN SCREENING TESTS AVAILABLE THAT MAY BE GIVEN TO THE CHILD IN ADDITION TO THE REQUIRED TESTS, AND TO PROVIDE THE PARENTS WITH INFORMATION ABOUT THOSE TESTS; TO AMEND SECTION 41-21-201, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE DEPARTMENT OF HEALTH TO DEVELOP INFORMATION MATERIALS ABOUT AVAILABLE NEWBORN SCREENING TESTS, WHICH MAY BE USED BY PHYSICIANS AND OTHERS TO PROVIDE THE REQUIRED INFORMATION TO PARENTS UNDER SECTION 41-21-203; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 41-21-203, Mississippi Code of 1972, is amended as follows:

41-21-203. (1) The physician attending a newborn child, or the person attending a newborn child that was not attended by a physician, shall provide the child tests that have been approved by the State Board of Health. However, no such tests shall be given to any child whose parents object thereto on the grounds that the test conflicts with his religious practices or tenets. The State Department of Health shall follow up all positive tests with the attending physician who notified the department thereof, or with the parents of the newborn child when the notification was made by a person other than a physician. When a test is confirmed, the services and facilities of the State Department of Health and those of other state boards, departments and agencies cooperating with the State Department of Health in carrying out the program shall be made available to the extent needed by the physician.

(2) In addition to the requirements of subsection (1) of this section, the physician attending a newborn child, or the person attending a newborn child that was not attended by a physician, shall notify the parents of the newborn child that there are newborn screening tests available that may be given to the child in addition to the required tests, and shall provide the parents with information about those tests.

SECTION 2. Section 41-21-201, Mississippi Code of 1972, is amended as follows:

41-21-201. (1) The State Department of Health is * * * authorized to establish, maintain and carry out a newborn screening program designed to detect hypothyroidism, phenylketonuria (PKU), hemoglobinopathy and galactosemia which may result in mental retardation or medical complications in children. The State Board of Health is authorized to adopt rules and regulations necessary to accomplish the program.

(2) The State Department of Health shall develop information materials about available newborn screening tests, which may be used by physicians and others to provide the required information to parents under Section 41-21-203.

SECTION 3. This act shall take effect and be in force from and after July 1, 2001.