Florida Senate - 2012                             CS for SB 1052
       
       
       
       By the Committee on Health Regulation; and Senator Ring
       
       
       
       
       588-02355-12                                          20121052c1
    1                        A bill to be entitled                      
    2         An act relating to newborn screening for critical
    3         congenital heart disease; creating s. 383.146, F.S.;
    4         providing definitions; providing requirements for
    5         screening newborns for critical congenital heart
    6         disease; providing an exception; requiring that the
    7         physician, midwife, or other person attending the
    8         newborn maintain a record if the screening has not
    9         been performed and attach a written objection signed
   10         by the parent or guardian; requiring appropriate
   11         documentation of the screening completion in the
   12         medical record; requiring that each hospital and each
   13         licensed birth center designate a lead physician and a
   14         licensed health care provider, respectively, to
   15         provide programmatic oversight for the screening;
   16         requiring that the screening for critical congenital
   17         heart disease be conducted on all newborns in
   18         hospitals and birth centers in this state; authorizing
   19         the Department of Health to adopt rules to administer
   20         the screening program; providing powers and duties of
   21         the department; providing an effective date.
   22  
   23         WHEREAS, congenital heart disease is the most common birth
   24  defect in infants, affecting 8 out of every 1,000 newborn
   25  babies, and
   26         WHEREAS, early detection of congenital heart disease is
   27  crucial to the health of a newborn baby because, if the
   28  condition goes undiagnosed, it can cause major problems later in
   29  the child’s life, and
   30         WHEREAS, pulse oximetry is a noninvasive method of
   31  monitoring the oxygen level in the blood and is recommended as a
   32  method of screening a patient for critical congenital heart
   33  disease, and
   34         WHEREAS, physical exertion and participation in sports can
   35  cause excess stress on the heart and, if the disease is not
   36  detected and is severe enough, participation in strenuous
   37  activity can result in death, NOW, THEREFORE,
   38  
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Section 383.146, Florida Statutes, is created to
   42  read:
   43         383.146 Newborn screening for critical congenital heart
   44  disease.—
   45         (1) DEFINITIONS.—As used in this section, the term:
   46         (a) “Department” means the Department of Health.
   47         (b) “Newborn” means an age range from birth through 29
   48  days.
   49         (c) “Screening” means measuring blood oxygen saturation
   50  using pulse oximetry to determine whether a newborn needs
   51  additional diagnostic evaluation for critical congenital heart
   52  disease.
   53         (2) REQUIREMENTS FOR SCREENING OF NEWBORNS; REFERRAL FOR
   54  ONGOING SERVICES.—
   55         (a) Each licensed hospital that provides maternity and
   56  newborn care services shall ensure that, prior to discharge, all
   57  newborns are screened for the detection of critical congenital
   58  heart disease.
   59         (b) Each licensed birth center that provides maternity and
   60  newborn care services shall ensure that, prior to discharge, all
   61  newborns are screened for the detection of critical congenital
   62  heart disease.
   63         (c) If the parent or legal guardian of the newborn objects
   64  to the screening, the screening must not be completed,
   65  notwithstanding any other provision of this section. In such
   66  case, the physician, midwife, or other person who is attending
   67  the newborn shall maintain a record that the screening has not
   68  been performed and attach a written objection that must be
   69  signed by the parent or guardian.
   70         (d) For home births, the health care provider in attendance
   71  is responsible for the screening.
   72         (e) Appropriate documentation of the screening completion,
   73  results, interpretation, and recommendations must be placed in
   74  the medical record within 24 hours after completion of the
   75  screening procedure.
   76         (f) Each hospital shall formally designate a lead physician
   77  who is responsible for programmatic oversight of newborn
   78  congenital heart disease screening. Each licensed birth center
   79  shall designate a licensed health care provider to provide such
   80  programmatic oversight. Such physician or health care provider
   81  shall ensure that the appropriate referrals are completed
   82  following a positive screening test result.
   83         (g) By October 1, 2012, screening for critical congenital
   84  heart disease must be conducted on all newborns in hospitals and
   85  birth centers in this state following birth admission.
   86         (3) RULES.—After consultation with the Genetics and Newborn
   87  Screening Advisory Council, the department shall adopt and
   88  enforce rules requiring that every newborn in this state be
   89  screened for critical congenital heart disease. The department
   90  shall adopt such additional rules as are necessary for the
   91  administration of this section, including rules providing
   92  definitions of terms, rules relating to the methods used and
   93  time or times for testing as accepted medical practice
   94  indicates, rules relating to charging and collecting fees for
   95  the administration of the newborn screening program required by
   96  this section, rules for processing requests and releasing test
   97  and screening results, and rules requiring mandatory reporting
   98  of the results of tests and screenings for this condition to the
   99  department.
  100         (4) POWERS AND DUTIES OF THE DEPARTMENT.—The department
  101  shall administer and provide services required pursuant to this
  102  section and shall:
  103         (a) Furnish to all physicians, county health departments,
  104  perinatal centers, birth centers, and hospitals forms on which
  105  the results of tests for critical congenital heart disease shall
  106  be reported to the department.
  107         (b) Have the authority to charge and collect fees
  108  sufficient to administer the newborn screening program required
  109  under this section.
  110         Section 2. This act shall take effect July 1, 2012.