Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1052
       
       
       
       
       
       
                                Barcode 515100                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/25/2012           .                                
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       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,