STATE OF NEW YORK
________________________________________________________________________
8217
2021-2022 Regular Sessions
IN ASSEMBLY
August 25, 2021
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to requiring report-
ing of positive cytomegalovirus test results
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 21 of the public health law is amended by adding a
2 new title 9 to read as follows:
3 TITLE IX
4 CYTOMEGALOVIRUS
5 Section 2185. Cytomegalovirus; duty to report.
6 § 2185. Cytomegalovirus; duty to report. 1. Upon notice to a local
7 health department through the electronic clinical laboratories reporting
8 system that a newborn has tested positive for cytomegalovirus, the local
9 health department shall immediately contact the pediatrician of record
10 for such newborn and notify such pediatrician of the positive result. If
11 such pediatrician cannot be notified, then the local health department
12 shall contact the chief of newborn services at the hospital in which the
13 newborn was born. If such chief of newborn services cannot be contacted,
14 then the local health department shall contact the medical director at
15 the hospital in which the newborn was born.
16 2. The local health department shall simultaneously contact the parent
17 of any newborn with a positive test result for cytomegalovirus to inform
18 them that the newborn has tested positive for cytomegalovirus.
19 3. If the positive test was from a saliva specimen, a polymerase chain
20 reaction urine test as required pursuant to section twenty-five
21 hundred-a of this chapter shall be administered as soon as possible,
22 provided that the newborn is no more than three weeks in age, to confirm
23 the test result.
24 4. If a urine test administered pursuant to subdivision three of this
25 section confirms that the results are positive, the local health
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09409-07-1
A. 8217 2
1 department shall immediately contact the pediatrician of record for such
2 newborn and notify such pediatrician of the positive result. If such
3 pediatrician cannot be notified, then the local health department shall
4 contact the chief of newborn services at the hospital in which the
5 newborn was born. If such chief of newborn services cannot be contacted,
6 then the local health department shall contact the medical director at
7 the hospital in which the newborn was born. In addition, the parent or
8 guardian of the newborn shall be contacted no later than one week from
9 such positive result and shall be referred to a pediatric infectious
10 disease specialist to perform a full examination before such newborn
11 reaches four weeks of age. Such examination shall include, but not be
12 limited to:
13 (a) Measurement of head circumference;
14 (b) Head sonogram;
15 (c) Blood tests including a complete blood count and liver function
16 tests;
17 (d) Eye exam by an ophthalmologist; and
18 (e) Hearing evaluation by auditory brainstem response.
19 5. Upon notification of a positive urine test result for cytomegalovi-
20 rus administered pursuant to subdivisions three and four of this
21 section, the local health department shall contact the pediatrician or
22 hospital chief of newborn services or the hospital medical director, and
23 the parent or guardian, to ensure the referral to a pediatric infectious
24 disease specialist pursuant to subdivision four of this section was
25 completed.
26 6. The commissioner shall cause cytomegalovirus to be added to the
27 list of communicable diseases designated pursuant to 10 NYCRR part 2.1.
28 7. For the purposes of this section, the term "newborn" shall include
29 any infant of the age of thirty-one days or less.
30 § 2. This act shall take effect immediately.
