H. B. 4441
(By Delegates Leach, R. M. Thompson,
Houston, Foster and Boggs)
[Introduced February 12, 2004; referred to the
Committee on Health and Human Resources then Finance.]
A BILL to amend and reenact §16-22-3 of the code of West Virginia,
1931, as amended, relating to the expansion of newborn testing
to include sickle cell anemia and congenital adrenal
hyperplasia.
Be it enacted by the Legislature of West Virginia:
That §16-22-3 of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted to read as
follows:
ARTICLE 22. DETECTION AND CONTROL OF PHENYLKETONURIA, GALACTOSEMIA,
HYPOTHYROIDISM, AND CERTAIN OTHER DISEASES IN NEWBORN
CHILDREN.
§16-22-3. Tests for phenylketonuria, galactosemia and
hypothyroidism 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,
sickle cell anemia, congenital adrenal hyperplasia, 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, sickle cell anemia, congenital adrenal hyperplasia
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, sickle cell anemia,
congenital adrenal hyperplasia and certain other diseases specified
by the state public health commissioner.
(c) The state public health commissioner is authorized to
promulgate propose rules for promulgation by the Legislature
pursuant to 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.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.