2002 Regular Session
To: Public Health and Welfare; Appropriations
By: Representative Holland, Dedeaux, Scott (80th)
AN ACT TO AMEND SECTION 41-21-201, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT, IN ADDITION TO THE NAMED CONDITIONS COVERED IN THE COMPREHENSIVE NEWBORN SCREENING PROGRAM, THE PROGRAM SHALL INCLUDE SUCH OTHER CONDITIONS AS SPECIFIED BY THE STATE BOARD OF HEALTH, UPON THE ADVICE AND RECOMMENDATIONS OF A GENETICS ADVISORY COMMITTEE; TO REQUIRE THE STATE DEPARTMENT OF HEALTH TO MAINTAIN A LIST OF EACH OF THE CONDITIONS INCLUDED IN THE NEWBORN SCREENING PROGRAM, WHICH SHALL BE MADE AVAILABLE TO PHYSICIANS AND OTHER HEALTH CARE PROVIDERS WHO ARE REQUIRED TO PROVIDE FOR THE TESTING OF NEWBORN INFANTS; TO AMEND SECTION 41-21-203, MISSISSIPPI CODE OF 1972, TO REQUIRE THE PHYSICIAN OR OTHER HEALTH CARE PROVIDER ATTENDING A NEWBORN INFANT TO SCREEN THE INFANT, USING BOARD-APPROVED TESTS, TO DETECT THE NAMED CONDITIONS AND THE OTHER CONDITIONS SPECIFIED BY THE BOARD OF HEALTH FOR THE NEWBORN SCREENING PROGRAM; TO PROVIDE THAT THE TESTS PROVIDED UNDER THE NEWBORN SCREENING PROGRAM MUST BE EVALUATED IN LABORATORIES LOCATED IN THE UNITED STATES; TO DELETE THE REQUIREMENT FOR HEALTH CARE PROVIDERS TO NOTIFY PREGNANT WOMEN AND PARENTS OF NEWBORNS THAT ADDITIONAL NEWBORN SCREENING TESTS ARE AVAILABLE; TO REQUIRE THE DEPARTMENT OF HEALTH TO PROVIDE ONGOING SURVEILLANCE OF THE NEWBORN SCREENING PROGRAM TO DETERMINE ITS EFFICACY AND COST EFFECTIVENESS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Ben Haygood Comprehensive Newborn Screening Program."
SECTION 2. Section 41-21-201, Mississippi Code of 1972, is amended as follows:
41-21-201. (1) The State Department of Health shall establish, maintain and carry out a comprehensive newborn screening program designed to detect hypothyroidism, phenylketonuria (PKU), hemoglobinopathy, congenital adrenal hyperplasia (CAH), galactosemia, and such other conditions as specified by the State Board of Health and as recommended by the American Academy of Pediatrics. The State Board of Health shall adopt any rules and regulations necessary to accomplish the program.
(2) The State Board of Health shall determine and specify the conditions that will be included in the comprehensive newborn screening program in addition to those conditions named in subsection (1) of this section, upon the advice and recommendations of a genetics advisory committee and in accordance with the recommendations of the American Academy of Pediatrics. The advisory committee shall be appointed by the Executive Director of the State Department of Health, and shall include at least two (2) pediatricians and one (1) consumer representative from a family that has experience with a newborn infant with an abnormal screening test. The State Department of Health shall maintain a list of each of the conditions included in the comprehensive newborn screening program, which shall be made available to physicians and other health care providers who are required to provide for newborn screening testing under Section 41-21-203.
(3) * * * The State Department of Health shall develop information materials about newborn screening tests that are available, which may be used by physicians and other health care providers to inform pregnant women and parents * * *.
SECTION 3. Section 41-21-203, Mississippi Code of 1972, is amended as follows:
41-21-203. (1) All newborn infants shall be screened by the physician or other health care provider attending the infant, using tests that have been approved by the State Board of Health, to detect those conditions listed in Section 41-21-201 and the other conditions specified by the State Board of Health for the comprehensive newborn screening program. 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 tests provided under the comprehensive newborn screening program shall be evaluated in laboratories located in the United States. The State Department of Health shall follow up all positive tests with the attending physician or other health care provider who notified the department thereof, and with the parents of the newborn child * * *. 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 comprehensive newborn screening program shall be made available to all newborn infants with abnormal screening tests.
(2) The State Department of Health shall provide ongoing epidemiologic surveillance of the comprehensive newborn screening program to determine the efficacy and cost effectiveness of screening newborn infants.
SECTION 4. This act shall take effect and be in force from and after October 1, 2002.