COMMITTEE SUBSTITUTE
FOR
H. B. 2745
(By Delegates Fleischauer, Mahan, Buchanan, Amores,
Smirl, Hutchins and Faircloth)
(Originating in the Committee on Government Organization)
[April 3, 1997]
A BILL to amend and reenact chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new article, designated article twenty- two-a, relating to establishing the West Virginia birth
score program; establishing legislative findings and
intent; authorizing the division of health to establish and
implement a birth score program which identifies newborn
children at high risk for postneonatal mortality,
debilitating conditions and developmental delays and refers
those children to primary care physicians for subsequent
follow-up care; requiring hospitals, birthing facilities,
attending physicians or other persons attending a birth to
require and ensure that a birth score is determined;
authorizing the division of health to provide necessary
medical and other needed referrals; and authorizing the
division of health to propose legislative rules.
Be it enacted by the Legislature of West Virginia:
That chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, bye amended by
adding thereto a new article, designated article twenty-two-a, to
read as follows:
ARTICLE 22A. BIRTH SCORE PROGRAM.
§16-22A-1. Legislative findings; intent; purpose.
(a) The Legislature hereby finds that until 1984, West
Virginia had one of the highest rates of postneonatal mortality
in the United States, which is defined as infants dying between
one month and one year of age. In the early 1980s, studies in
West Virginia showed that infants at greatest risk of dying
during the first year after birth had poor attendance at regular
physician visits and often received minimal health care. The
system for assessing infants at risk for postneonatal mortality,
debilitating conditions and developmental delays was erratic and
many West Virginia physicians were poorly trained about risk
assessment. Uniform guidelines for at-risk infants to enter care
did not exist.
(b) In 1985, the birth scoring system, a cooperative effort
between the division of health and the West Virginia University
department of pediatrics was initiated. The goals of the
scoring system were: (1) To identify newborns at greatest risk
for death between one month and one year of age; and (2) to link
high risk infants with physicians for close follow-up during the
first year of life.
(c) Since its inception, the birth scoring system has been
expanded to identifying and linking infants at risk for debilitating conditions and developmental delays with necessary
and available services. The program has been greatly successful
in identifying at-risk newborns and in obtaining appropriate
medical care for those infants.
(d) With the success of the birth scoring system at
reducing postneonatal mortality rates in the state, it is the
intention of the Legislature to establish the birth score system
as a universal, preventive program to be enacted at the delivery
of each newborn in the state. The purpose of this article is to
ensure that all of the state's birthing hospitals and facilities
adopt and implement this prevention program.
§16-22A-2. Birth score program established.
(a) The division of health within the department of health
and human resources is hereby authorized to establish and
implement a birth score program designed to combat postneonatal
mortality and to detect debilitating conditions and possible
developmental delays in newborn infants in the state.
(b) The purpose and goals of the birth score program are to
reduce the incidence of postneonatal mortality and disease by:
(1) Identifying newborns at greatest risk for death between
one month and one year of age; and
(2) Linking these infants with physicians for close follow- up during the first year of life.
(c) The birth score of a newborn infant shall be determined
pursuant to the program established by the division of health by
trained hospital or birthing facility personnel immediately after the infant is delivered.
§16-22A-3. Determination of birth score; referral to physician.
(a) Any hospital or birthing facility in which an infant is
born, any physician attending the infant, or any other person
attending the infant if not under the care of a physician, shall
require and ensure that a birth score is determined for the
newborn infant in order to assess the level of risk for
postneonatal mortality, debilitating conditions and developmental
delays. Any infant delivered at a nonlicensed facility,
including, but not limited to home births, shall have a birth
score determined by the child's primary physician within ten days
of birth.
(b) When any infant receives a high birth score, as
determined by the program established by this article, the
parents shall be informed of the birth score and its
implications, and then linked with a local primary care physician
for a recommended six visits in the first six months of the
infant's life.
(c) The division of health, in cooperation with other state
departments and agencies, may provide necessary medical and other
referrals for services related to infants determined to be at
high risk for postneonatal mortality and other debilitating
conditions and developmental delays as specified by the
state
public health commissioner of thjee division or f health.
§16-22A-4. Rules.
The division of health may propose rules for legislative approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code as may be needed to establish
the birth score program and to implement the provisions of this
article.