Senate Bill No. 67

(By Senators Hunter, Dempsey and Weeks)

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[Introduced January 11, 2006; referred to the Committee

on Health and Human Resources; and then to the Committee on Finance.]

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A BILL to amend and reenact §16-22-3 of the Code of West Virginia, 1931, as amended, relating to expanding newborn testing to include sickle cell anemia.


Be it enacted by the Legislature of West Virginia:
That §16-22-3 of the Code of West Virginia, 1931, 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, sickle cell anemia 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, 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 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, 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.

NOTE: The purpose of this bill is to require testing of newborns for and authorize treatment of sickle cell anemia.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.