H. B. 4052
(By Delegates Perdue, Hatfield, Boggs, Long,
Staggers, Border, Moore, Rodighiero and Yost)
[Introduced January 16, 2008; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §16-4E-1, §16-4E-2,
§16-4E-3, §16-4E-4 and §16-4E-5, all relating to development
of a maternal risk assessment advisory council; providing for
legislative findings; setting forth responsibilities of the
advisory council; providing for legislative rule-making
authority within the Bureau for Public Health to develop a
uniform maternal risk screening tool and providing for
applicability of the screening tool once developed.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §16-4E-1, §16-4E-2,
§16-4E-3, §16-4E-4 and §16-4E-5, all to read as follows:
ARTICLE 4E. UNIFORM MATERNAL SCREENING ACT.
§16-4E-1. Legislative findings.
The Legislature finds that there is a need for a more
comprehensive and uniform approach to any screening conducted by
physicians and midwives to discover at-risk and high-risk
pregnancies. A uniform approach would simplify the process,
standardize the procedure and better identify those pregnancies
that need more in-depth care and monitoring. Additionally, a
uniform application would provide better and more measurable data
regarding at-risk and high-risk pregnancies. This would allow
public health officials to gain a better understanding of those
conditions that are most frequently observed and to develop
methodology to address those concerns.
§16-4E-2. Establishment of an advisory council on maternal risk
assessment.
(a) There is hereby created within the Department of Health
and Human Resources, Bureau for Public Health, Office of Maternal,
Child and Family Health, an the advisory council on maternal risk
assessment to provide assistance in the development of a uniform
maternal risk screening tool.
(b) The Office of Maternal, Child and Family Health is charged
with convening the advisory council at least annually and providing
administrative and technical assistance to the advisory council as
needed. The members of the advisory council shall be appointed by
the Commissioner of the Bureau for Public Health.
(c) The advisory council shall be comprised of:
(1) At least one private provider of maternity services;
(2) At least one public provider of maternity services;
(3) One representative from each of the state's three medical
schools;
(4) The Commissioner of the Bureau for Public Health, or his
or her designee;
(5) The Director of the Office of Maternal, Child and Family
Health, or his or her designee;
(6) At least one representative of a tertiary care center; and
(7) At least one certified nurse midwife.
§16-4E-3. Responsibilities of the Advisory Council on Maternal
Risk Assessment.
This advisory council shall:
(a) Advice the Bureau for Public Health, Office of Maternal,
Child and Family Health with respect to the implementation of this
article;
(b) Offer expert advice to the Office of Maternal, Child and
Family Health on the development of a uniform risk screening tool
and review the tool at least annually to offer suggested updates
based upon current medical knowledge;
(b) Provided comments to the Office of Maternal, Child and
Family Health on any legislative rules necessary for the
accomplishment of the any requirements of this article;
(c) Develop in conjunction with the Office of Maternal, Child and Family Health a statistical matrix to measure incidents of
high-risk and at-risk pregnancies for planning purposes by public
health officials.
§16-4E-4. Legislative rule-making authority.
The Department of Health and Human Resources shall propose
rules for legislative approval in accordance with the provisions of
article three, chapter twenty-nine-a of this code. Such
legislative rules shall include a uniform maternal risk screening
tool to identify women at risk for a preterm birth or other
high-risk condition.
§16-4E-5. Applicability of the screening tool.
Once developed, all health care providers offering maternity
services shall be required to utilize the uniform maternal risk
screening tool in their examinations of any pregnant woman.
Additionally they shall notify the woman of any high-risk condition
which they identify along with any necessary referral and report
the results in the manner provided in the legislative rule.
NOTE: The purpose of this bill is to establish an advisory
council on maternal risk assessment within the Office of Maternal,
Child and Family Health and to grant legislative rule-making
authority to the Bureau for Public Health to develop a uniform
maternal risk screening tool to serve as an alert to medical care
providers of the need for greater evaluation and assessment of
high-risk pregnancies.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
This bill was recommended for passage during the 2008 thousand
eight legislative session by Select Committee D-Health.