New Jersey-2020-A3300-Introduced

An Act concerning retention of newborn screening specimens, amending P.L.1977, c.321 and supplementing Title 26 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 2 of P.L.1977, c.321 (C.26:2-111) is amended to read as follows:

All infants born in this State shall be tested for hypothyroidism, galactosemia and phenylketonuria. The Commissioner of Health shall issue regulations to assure that newborns are so tested in a manner approved by the commissioner. The commissioner shall ensure that treatment services are available to all identified individuals. The [State] Department of Health may charge a reasonable fee for the tests performed pursuant to this act. The amount of the fee and the procedures for collecting the fee shall be determined by the commissioner. The commissioner shall apply all revenues collected from the fees to the testing and treatment procedures performed pursuant to this act.

The commissioner may also require testing of newborn infants for other preventable biochemical disorders if reliable and efficient testing techniques are available. If the commissioner determines that an additional test shall be required, 90 days prior to requiring the test he shall advise the President of the Senate, Speaker of the General Assembly and chairmen of the standing reference committees on Revenue, Finance and Appropriations and Institutions, Health and Welfare, or their successors, of his determination.

The commissioner shall provide a program of reviewing and following up on positive cases in order that measures may be taken to prevent mental retardation or other permanent disabilities.

Information on newborn infants and their families compiled pursuant to this section may be used by the department and agencies designated by the commissioner for the purposes of carrying out this act, but otherwise the information shall be confidential and not divulged or made public so as to disclose the identity of any person to which it relates, except as provided by law. All newborn screening specimens shall be disposed of, in a manner prescribed by the commissioner, within 60 days after testing. The department shall conduct an intensive educational and training program among physicians, hospitals, public health nurses and the public concerning those biochemical disorders. This program shall include information concerning the nature of the disorders, testing for the detection of these disorders and treatment modalities for these disorders.

The provisions of this section shall not apply if the parents of a newborn infant object to the testing on the grounds that it would conflict with their religious tenets or practices.

(cf: P.L.1988, c.24, s.3)

2. (New section) The department shall dispose of, in a manner prescribed by the commissioner, all newborn screening specimens stored prior to the date of enactment of this act within one year after that date.

3. Section 1 of this act shall take effect on the first day of the third month next following the date of enactment and section 2 shall take effect immediately, but the Commissioner of Health and Senior Services may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.

STATEMENT

This bill requires the Department of Health (DOH) to properly dispose of newborn screening specimens within 60 days after testing. Currently, DOH securely stores all newborn screening specimens at ambient temperature and humidity for 23 years after testing.

Pursuant to P.L.1977, c.321 (C.26:2-110 and 111), all infants born in New Jersey are screened for biochemical disorders which presently include the detection of more than 54 disorders.

This bill also requires DOH to dispose of all newborn screening specimens currently stored by the department within one year after the date of enactment of this bill.