Bill Text: NY A02316 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires facilities to perform pulse oximetry screening on newborns.

Spectrum: Slight Partisan Bill (Democrat 45-23)

Status: (Passed) 2013-07-31 - signed chap.184 [A02316 Detail]

Download: New_York-2013-A02316-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2316
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 14, 2013
                                      ___________
       Introduced  by M. of A. GUNTHER, ZEBROWSKI, CERETTO, McDONOUGH -- Multi-
         Sponsored by -- M. of A. ARROYO, AUBRY, CROUCH,  LUPARDO,  McLAUGHLIN,
         RAIA -- read once and referred to the Committee on Health
       AN  ACT to amend the public health law, in relation to requiring facili-
         ties to perform pulse oximetry screening on newborns
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Legislative intent.   Congenital heart defects (CHDs) are
    2  structural abnormalities of the heart that are present  at  birth;  CHDs
    3  range in severity from simple problems such as holes between chambers of
    4  the  heart, to severe malformations, such as the complete absence of one
    5  or more chambers or valves; some critical  CHDs  can  cause  severe  and
    6  life-threatening  symptoms  which  require intervention within the first
    7  days of life.
    8    According to the United States Secretary of Health and Human Services'
    9  Advisory Committee on Heritable  Disorders  in  Newborns  and  Children,
   10  congenital  heart  disease  affects approximately seven to nine of every
   11  1,000 live births in the United States and Europe. The  federal  Centers
   12  for  Disease Control and Prevention states that CHD is the leading cause
   13  of infant death due to birth defects.
   14    Current methods for detecting CHDs generally include  prenatal  ultra-
   15  sound  screening  and  repeated  clinical  examinations;  while prenatal
   16  ultrasound screenings can detect some major  congenital  heart  defects,
   17  these  screenings,  alone, identify less than half of all CHD cases, and
   18  critical CHD cases  are  often  missed  during  routine  clinical  exams
   19  performed prior to a newborn's discharge from a birthing facility.
   20    Pulse oximetry is a non-invasive test that estimates the percentage of
   21  hemoglobin  in  blood that is saturated with oxygen. When performed on a
   22  newborn a minimum of 24 hours after birth, pulse oximetry  screening  is
   23  often  more effective at detecting critical, life-threatening CHDs which
   24  otherwise go undetected by  current  screening  methods.  Newborns  with
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01366-01-3
       A. 2316                             2
    1  abnormal  pulse  oximetry results require immediate confirmatory testing
    2  and intervention.
    3    The  legislature  finds  and  declares  that  many newborn lives could
    4  potentially be saved by earlier  detection  and  treatment  of  CHDs  if
    5  birthing  facilities  in  the state of New York were required to perform
    6  this simple, non-invasive newborn screening in conjunction with  current
    7  CHD screening methods.
    8    S  2.  The public health law is amended by adding a new section 2500-k
    9  to read as follows:
   10    S 2500-K. PULSE OXIMETRY SCREENING OF NEWBORNS.  1.  THE  COMMISSIONER
   11  SHALL ESTABLISH A PROGRAM TO SCREEN NEWBORN INFANTS FOR CONGENITAL HEART
   12  DEFECTS  THROUGH  PULSE  OXIMETRY SCREENING. IT SHALL BE THE DUTY OF THE
   13  ADMINISTRATIVE OFFICER OR  OTHER  DESIGNATED  PERSON  AT  EACH  FACILITY
   14  LICENSED  PURSUANT  TO  ARTICLE  TWENTY-EIGHT OF THIS CHAPTER CARING FOR
   15  NEWBORN INFANTS TO PERFORM A PULSE OXIMETRY SCREENING A MINIMUM OF TWEN-
   16  TY-FOUR HOURS AFTER BIRTH ON EVERY NEWBORN INFANT IN ITS CARE.
   17    2. FACILITIES SUBJECT TO THE PROVISIONS OF THIS SECTION THAT  ADMINIS-
   18  TER  A  NEWBORN  INFANT  PULSE  OXIMETRY  SCREENING FOR CONGENITAL HEART
   19  DEFECTS SHALL REPORT TO THE DEPARTMENT IN A MANNER AND  FORMAT  REQUIRED
   20  BY THE COMMISSIONER:
   21    (A)  THE  RESULTS  OF  EACH  NEWBORN  INFANT  PULSE OXIMETRY SCREENING
   22  PERFORMED; AND
   23    (B) SUCH OTHER INFORMATION OR DATA AS MAY BE REQUIRED BY  THE  COMMIS-
   24  SIONER PURSUANT TO REGULATION TO FULFILL THE PURPOSES OF THIS SECTION.
   25    S 3. This act shall take effect on the one hundred eightieth day after
   26  it shall have become a law; provided, however, that effective immediate-
   27  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
   28  necessary for the implementation of this act on its effective  date  are
   29  authorized  and  directed  to  be  made  and completed on or before such
   30  effective date.