06 HB
1066/AP
House
Bill 1066 (AS PASSED HOUSE AND SENATE)
By:
Representatives Manning of the
32nd,
Ehrhart of the
36th,
O`Neal of the
146th,
Cooper of the
41st,
Brown of the
69th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating
to control of hazardous conditions, preventable diseases, and metabolic
disorders, so as to change certain provisions relating to a system for screening
newborns for certain metabolic and genetic disorders; to provide for the
establishment of fees; to provide for religious objection to screening; to
change certain provisions relating to screening for phenylketonuria, sickle cell
anemia, and sickle cell trait; to provide for related matters; to provide for an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
12 of Title 31 of the Official Code of Georgia Annotated, relating to control of
hazardous conditions, preventable diseases, and metabolic disorders, is amended
by striking Code Section 31-12-6, relating to a system for prevention of mental
retardation resulting inherited metabolic disorders, and inserting in lieu
thereof the following:
"31-12-6.
(a)
The department shall promulgate rules and regulations creating a system for the
prevention of
mental
retardation
serious
illness, severe physical or developmental disability, and
death caused by
genetic
conditions, such as phenylketonuria,
galactosemia,
tyrosinemia,
homocystinuria, maple syrup urine disease, hypothyroidism, congenital adrenal
hyperplasia, and such other inherited metabolic
and
genetic disorders as may be
determined
identified
in the future to
result in
serious illness, severe physical or developmental disability, and death
cause
mental retardation if undiagnosed and
untreated. The system shall have five components: screening newborns for the
disorders; retrieving potentially affected screenees back into the health care
system; accomplishing specific diagnoses; initiating and continuing therapy; and
assessing the program.
(b)
The entire process for screening, retrieval, and diagnosis must occur within
the first
three weeks of an
infant́s
life
time frames
established by the department pursuant to rules and
regulations, and the system shall be
structured to meet this critical need.
(c)
The department shall be responsible for the screening of all newborns for the
disorder
disorders
enumerated and in a manner determined by the department pursuant to rules and
regulations and shall be responsible for
assessment of the program.
(d)
The department shall, to the extent state or federal funds are available for
such purposes, including but not limited to funds provided under Title V of the
Social Security Act, the Maternal and Child Health Services Block Grant, provide
for retrieving potentially affected screenees back into the health care system;
accomplishing specific diagnoses; initiating and continuing therapy; and
assessing the program.
(e)
Because the
rudiments of such a system already exist,
the
The
department shall utilize appropriate existing resources whenever possible and
shall cause the coordination and cooperation of agencies and organizations
having resources necessary for the creation of an effective system.
(f)
The department shall be authorized to establish and periodically adjust, by rule
and regulation, fees associated with the screening, retrieval, and diagnosis
conducted pursuant to this Code section to help defray or meet the costs
incurred by the department. In no event shall the fees exceed such costs, both
direct and indirect, in providing such screenings and related services, provided
that no services shall be denied on the basis of inability to pay. All fees
paid thereunder shall be paid into the general fund of the State of
Georgia.
(g)
The department shall allow any laboratory licensed in Georgia and authorized to
perform screening testing of newborn infants in any state using normal pediatric
reference ranges to conduct the analysis required pursuant to this Code section.
The testing performed by such laboratory must include testing for newborn
diseases as required by law or regulation and shall provide test results and
reports consistent with law and with policies, procedures, and regulations of
the department.
(h)
No later than January 1, 2007, the Georgia Department of Audits and Accounts
shall conduct an assessment evaluating the efficiency and effectiveness of the
newborn screenings conducted by the Georgia Public Health Laboratory pursuant to
this Code section. If it is determined that private laboratories can provide
testing at a lower cost than the Georgia Public Health Laboratory, the
department shall issue a request for proposals to qualified vendors including
any private laboratory licensed in Georgia as established in subsection (g) of
this Code section. The Georgia Public Health Laboratory shall be eligible to
respond to such request for proposals.
(i)
The requirements of this Code section with regard to screening, retrieval, and
diagnosis shall not apply to any infant whose parents object in writing thereto
on the grounds that such tests and treatment conflict with their religious
tenets and
practices."
SECTION
2.
Said
chapter is further amended by striking Code Section 31-12-7, relating to rules
and regulations regarding tests for phenylketonuria, sickle cell anemia, and
sickle cell trait, and inserting in lieu thereof the following:
"31-12-7.
(a)
In
coordination and association with the system established by the department for
the screening, retrieval, and diagnosis of certain metabolic and genetic
disorders pursuant to Code Section 31-12-6,
the
The
department, or its successor agency or department, shall adopt and promulgate
appropriate rules and regulations governing tests for
phenylketonuria,
sickle cell anemia,
and
sickle cell
trait, and
other metabolic and genetic disorders as enumerated by the department pursuant
to rules and regulations so that as nearly
as possible all newborn infants who are susceptible or likely to have
phenylketonuria,
sickle cell anemia,
or
sickle cell
trait, or
other metabolic and genetic disorders
shall receive a test for
phenylketonuria,
sickle cell anemia,
or
sickle cell trait,
or other
metabolic and genetic disorders or all of
such conditions as soon after birth as successful testing and treatment therefor
may be initiated; provided, however, that this Code section shall not apply to
any infant whose parents object thereto on the grounds that such tests and
treatment conflict with their religious tenets and practices.
(b)
If any such child is found to have
phenylketonuria,
sickle cell
anemia,
or sickle cell trait, it shall be the duty of the examining physician or the
department to inform the parents of such child that the child is so afflicted
and, if such child has sickle cell anemia or sickle cell trait, that counseling
regarding the nature of the disease, its effects, and its treatment is available
without cost from the department and the county board of health or county
department of health.
(c)
It shall be the duty of the department and each county board of health and
county department of health, or their successor agencies or departments, to
furnish counseling and advice to any persons requesting such counseling
regarding sickle cell anemia or sickle cell trait, its characteristics,
symptoms, traits, effects, and treatment. Such counseling shall be furnished
without cost to the person requesting it.
(d)
The department shall be authorized to establish and periodically adjust, by rule
and regulation, fees associated with the screening, retrieval, and diagnosis
conducted pursuant to this Code section to help defray or meet the costs
incurred by the department; provided, however, that in no event shall the total
fees associated with such screening, retrieval, and diagnosis exceed $40.00 for
the calendar year beginning January 1, 2007. In no event shall the fees exceed
such costs, both direct and indirect, in providing such screenings and related
services, provided that no services shall be denied on the basis of inability to
pay. All fees paid thereunder shall be paid into the general fund of the State
of
Georgia."
SECTION
3.
This
Act shall become effective on January 1, 2007.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.