§16-22B-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:
That no birth score shall be determined or birth score
program implemented if the parent or guardian objects to the birth
score program on the grounds that it conflicts with their religious
tenets and practices. 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, subject to the exception set forth in this
(b) When any infant receives a high risk 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.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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