Florida Senate - 2012 COMMITTEE AMENDMENT Bill No. SB 1052 Barcode 515100 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/25/2012 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Regulation (Gaetz) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 383.146, Florida Statutes, is created to 6 read: 7 383.146 Newborn screening for critical congenital heart 8 disease.— 9 (1) DEFINITIONS.—As used in this section, the term: 10 (a) “Department” means the Department of Health. 11 (b) “Newborn” means an age range from birth through 29 12 days. 13 (c) “Screening” means measuring blood oxygen saturation 14 using pulse oximetry to determine whether a newborn needs 15 additional diagnostic evaluation for critical congenital heart 16 disease. 17 (2) REQUIREMENTS FOR SCREENING OF NEWBORNS; INSURANCE 18 COVERAGE; REFERRAL FOR ONGOING SERVICES.— 19 (a) Each licensed hospital that provides maternity and 20 newborn care services shall ensure that, prior to discharge, all 21 newborns are screened for the detection of critical congenital 22 heart disease. 23 (b) Each licensed birth center that provides maternity and 24 newborn care services shall ensure that, prior to discharge, all 25 newborns are screened for the detection of critical congenital 26 heart disease. 27 (c) If the parent or legal guardian of the newborn objects 28 to the screening, the screening must not be completed, 29 notwithstanding any other provision of this section. In such 30 case, the physician, midwife, or other person who is attending 31 the newborn shall maintain a record that the screening has not 32 been performed and attach a written objection that must be 33 signed by the parent or guardian. 34 (d) For home births, the health care provider in attendance 35 is responsible for the screening. 36 (e) Appropriate documentation of the screening completion, 37 results, interpretation, and recommendations must be placed in 38 the medical record within 24 hours after completion of the 39 screening procedure. 40 (f) Each hospital shall formally designate a lead physician 41 who is responsible for programmatic oversight of newborn 42 congenital heart disease screening. Each licensed birth center 43 shall designate a licensed health care provider to provide such 44 programmatic oversight. Such physician or health care provider 45 shall ensure that the appropriate referrals are completed 46 following a positive screening test result. 47 (g) By October 1, 2012, screening for critical congenital 48 heart disease must be conducted on all newborns in hospitals and 49 birth centers in this state following birth admission. 50 (3) RULES.—After consultation with the Genetics and Newborn 51 Screening Advisory Council, the department shall adopt and 52 enforce rules requiring that every newborn in this state be 53 screened for critical congenital heart disease. The department 54 shall adopt such additional rules as are necessary for the 55 administration of this section, including rules providing 56 definitions of terms, rules relating to the methods used and 57 time or times for testing as accepted medical practice 58 indicates, rules relating to charging and collecting fees for 59 the administration of the newborn screening program required by 60 this section, rules for processing requests and releasing test 61 and screening results, and rules requiring mandatory reporting 62 of the results of tests and screenings for this condition to the 63 department. 64 (4) POWERS AND DUTIES OF THE DEPARTMENT.—The department 65 shall administer and provide services required pursuant to this 66 section and shall: 67 (a) Furnish to all physicians, county health departments, 68 perinatal centers, birth centers, and hospitals forms on which 69 the results of tests for critical congenital heart disease shall 70 be reported to the department. 71 (b) Have the authority to charge and collect fees 72 sufficient to administer the newborn screening program required 73 under this section. 74 Section 2. This act shall take effect July 1, 2012. 75 76 ================= T I T L E A M E N D M E N T ================ 77 And the title is amended as follows: 78 Delete everything before the enacting clause 79 and insert: 80 A bill to be entitled 81 An act relating to newborn screening for critical 82 congenital heart disease; creating s. 383.146, F.S.; 83 providing definitions; providing requirements for 84 screening newborns for critical congenital heart 85 disease; providing an exception; requiring that the 86 physician, midwife, or other person attending the 87 newborn maintain a record if the screening has not 88 been performed and attach a written objection signed 89 by the parent or guardian; requiring appropriate 90 documentation of the screening completion in the 91 medical record; requiring that each hospital and each 92 licensed birth center designate a lead physician and a 93 licensed health care provider, respectively, to 94 provide programmatic oversight for the screening; 95 requiring that the screening for critical congenital 96 heart disease be conducted on all newborns in 97 hospitals and birth centers in this state; authorizing 98 the Department of Health to adopt rules to administer 99 the screening program; providing powers and duties of 100 the department; providing an effective date. 101 102 WHEREAS, congenital heart disease is the most common birth 103 defect in infants, affecting 8 out of every 1,000 newborn 104 babies, and 105 WHEREAS, early detection of congenital heart disease is 106 crucial to the health of a newborn baby because, if the 107 condition goes undiagnosed, it can cause major problems later in 108 the child’s life, and 109 WHEREAS, pulse oximetry is a noninvasive method of 110 monitoring the oxygen level in the blood and is recommended as a 111 method of screening a patient for critical congenital heart 112 disease, and 113 WHEREAS, physical exertion and participation in sports can 114 cause excess stress on the heart and, if the disease is not 115 detected and is severe enough, participation in strenuous 116 activity can result in death, NOW, THEREFORE,