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.