07 LC 33
1987
Senate
Bill 289
By:
Senators Balfour of the 9th, Williams of the 19th and Thomas of the 54th
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 revise certain provisions relating to the assessment of the
newborn screening program; to revise certain provisions relating to approved
laboratories to perform screening testing; to provide for related matters; 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 revising Code Section 31-12-6, relating to a system for prevention of mental
retardation resulting from inherited metabolic disorders, as
follows:
"31-12-6.
(a)
The department shall promulgate rules and regulations creating a system for the
prevention of serious illness, severe physical or developmental disability, and
death caused by genetic conditions, such as phenylketonuria, galactosemia,
homocystinuria, maple syrup urine disease, hypothyroidism, congenital adrenal
hyperplasia, and such other inherited metabolic and genetic disorders as may be
identified in the future to result in serious illness, severe physical or
developmental disability, and death 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
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 assessment
of the program that provides for the
screening of all newborns for the 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)
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
such
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
certified
pursuant to the federal Clinical Laboratory Improvement Amendments of 1988, 42
U.S.C.A. Section 263, that is licensed to
perform screening testing of newborn infants in any state
using
and
uses normal pediatric reference ranges to
conduct the analysis required pursuant to this Code section
as an
alternative to the state operated newborn screening
laboratory. 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)(h)
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.
All
laws and parts of laws in conflict with this Act are repealed.