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A02316 Summary:

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A02316 Floor Votes:

A02316 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2316--B
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2013
                                       ___________
 
        Introduced  by  M. of A. GUNTHER, ZEBROWSKI, CERETTO, McDONOUGH, JAFFEE,
          SIMOTAS, MILLMAN, TENNEY, MARKEY,  MAISEL,  LAVINE,  STEC,  SEPULVEDA,
          ROBERTS,  PAULIN,  QUART,  BRONSON,  STECK, ESPINAL, SKOUFIS, KELLNER,
          BROOK-KRASNY, GABRYSZAK, ABINANTI, LENTOL,  BENEDETTO  --  Multi-Spon-
          sored  by  --  M. of A.  ARROYO, AUBRY, BARCLAY, BLANKENBUSH, BRENNAN,

          BUCHWALD, CLARK,  COLTON,  COOK,  CRESPO,  CROUCH,  CURRAN,  DINOWITZ,
          DUPREY,  FARRELL, FINCH, FITZPATRICK, HEVESI, HOOPER, P. LOPEZ, LUPAR-
          DO,  LUPINACCI,  McDONALD,  McLAUGHLIN,   MONTESANO,   MOSLEY,   OAKS,
          O'DONNELL,  PALMESANO, PERRY, RAIA, RIVERA, ROBINSON, RODRIGUEZ, SIMA-
          NOWITZ, WALTER -- read once and referred to the Committee on Health --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to  said  committee -- again reported from said committee
          with amendments, ordered reprinted as amended and recommitted to  said
          committee
 
        AN  ACT to amend the public health law, in relation to requiring facili-
          ties to screen newborns for critical congenital heart defects  through
          pulse oximetry screening
 
          The  People of the State of New York, represented in Senate and Assem-

        bly, do enact as follows:
 
     1    Section 1. Legislative intent.   Congenital heart defects  (CHDs)  are
     2  structural  abnormalities  of  the heart that are present at birth; CHDs
     3  range in severity from simple problems such as holes between chambers of
     4  the heart, to severe malformations, such as the complete absence of  one
     5  or  more  chambers or valves; critical CHDs (CCHDs) are a subset of CHDs
     6  that cause severe and life-threatening  symptoms  which  require  inter-
     7  vention within the first days, weeks or months of life.
     8    According to the United States Secretary of Health and Human Services'
     9  Advisory  Committee  on  Heritable  Disorders  in Newborns and Children,
    10  congenital heart disease affects approximately seven to  nine  of  every
    11  1,000  live  births in the United States and Europe. The federal Centers

    12  for Disease Control and Prevention states that CHD is the leading  cause
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01366-12-3
        A. 2316--B                          2
 
     1  of  infant death due to birth defects and that about forty-eight hundred
     2  babies born each year have one of seven CCHDs.
     3    Current  methods  for detecting CHDs generally include prenatal ultra-
     4  sound screening  and  repeated  clinical  examinations;  while  prenatal
     5  ultrasound  screenings  can  detect  some  major CHDs, these screenings,
     6  alone, identify less than half of all CHD cases.  CCHD cases  are  often
     7  missed  during  routine  clinical  exams  performed prior to a newborn's

     8  discharge from a birthing facility.
     9    Pulse oximetry is a non-invasive test that estimates the percentage of
    10  hemoglobin in blood that is saturated with oxygen. When performed  on  a
    11  newborn  a  minimum of 24 hours after birth, pulse oximetry screening is
    12  often more effective at detecting critical, life-threatening CHDs  which
    13  otherwise  go  undetected  by  current  screening methods. Newborns with
    14  abnormal pulse oximetry results require immediate  confirmatory  testing
    15  and  intervention  or  a referral to an appropriate health care provider
    16  for confirmatory testing and follow-up care, based on the recommendation
    17  of the treating health care provider.
    18    The legislature finds and  declares  that  many  newborn  lives  could
    19  potentially  be  saved  by  earlier  detection  and treatment of CHDs if
    20  birthing facilities in the state of New York were  required  to  perform

    21  this  simple, non-invasive newborn screening in conjunction with current
    22  CHD screening methods.
    23    § 2. Subdivision (a) of section 2500-a of the public  health  law,  as
    24  amended  by  chapter  863  of  the  laws  of 1986, is amended to read as
    25  follows:
    26    (a) It shall be the duty of the administrative officer or other person
    27  in charge of each institution caring for infants  twenty-eight  days  or
    28  less  of  age  and the person required in pursuance of the provisions of
    29  section forty-one hundred thirty of this chapter to register  the  birth
    30  of  a child, to cause to have administered to every such infant or child
    31  in its or his care a test for phenylketonuria,  homozygous  sickle  cell
    32  disease,  hypothyroidism,  branched-chain ketonuria, galactosemia, homo-
    33  cystinuria, critical congenital heart  defects  through  pulse  oximetry

    34  screening,  and  such  other diseases and conditions as may from time to
    35  time be designated by the commissioner in accordance with rules or regu-
    36  lations prescribed by the commissioner. Testing, the  recording  of  the
    37  results  of  such  tests,  tracking,  follow-up  reviews and educational
    38  activities shall be performed at such times and in such manner as may be
    39  prescribed by the commissioner. The commissioner shall promulgate  regu-
    40  lations  setting  forth  the  manner in which information describing the
    41  purposes of the requirements of this section shall  be  disseminated  to
    42  parents or a guardian of the infant tested.
    43    § 3. This act shall take effect on the one hundred eightieth day after
    44  it shall have become a law; provided, however, that effective immediate-
    45  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation

    46  necessary for the implementation of this act on its effective  date  are
    47  authorized  and  directed  to  be  made  and completed on or before such
    48  effective date.