senate Bill S270B

Requires facilities to perform pulse oximetry screening on newborns

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO HEALTH
  • 25 / Apr / 2013
    • AMEND (T) AND RECOMMIT TO HEALTH
  • 25 / Apr / 2013
    • PRINT NUMBER 270A
  • 07 / May / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 16 / May / 2013
    • AMEND AND RECOMMIT TO FINANCE
  • 16 / May / 2013
    • PRINT NUMBER 270B
  • 11 / Jun / 2013
    • REPORTED AND COMMITTED TO RULES
  • 11 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1216
  • 12 / Jun / 2013
    • SUBSTITUTED BY A2316B

Summary

Requires facilities to perform pulse oximetry screening on newborns.

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Bill Details

See Assembly Version of this Bill:
A2316B
Versions:
S270
S270A
S270B
Legislative Cycle:
2013-2014
Law Section:
Public Health Law
Laws Affected:
Add ยง2500-a, Pub Health L
Versions Introduced in 2011-2012 Legislative Cycle:
S6726, A7941

Sponsor Memo

BILL NUMBER:S270B

TITLE OF BILL: An act to amend the public health law, in relation to
requiring facilities to screen newborns for critical congenital heart
defects through pulse oximetry screening

PURPOSE:

Requires facilities to perform pulse oximetry screening on newborns
for critical congenital heart defects

JUSTIFICATION:

This bill requires each birthing facility in the state of New York be
required to perform a pulse oximetry screening for critical congenital
heart defects (CCHDs). For newborns, pulse oximetry screening involves
taping a small sensor to a newborn's foot while the sensor beams red
light through the foot to measure how much oxygen is in the blood,
pulse oximetry screening is effective at detecting CHDs that may
otherwise go undetected by current screening methods. Pulse oximetry
screenings are non-invasive, painless, and take approximately one
minute to perform. According to the United States Secretary of Health
and Human Services' Advisory Committee on Heritable Disorders in
Newborns and Children, congenital heart disease affects approximately
seven to nine of every 1,000 live births in the United States and
Europe; the federal Centers for Disease Control and Prevention states
that CHD is the leading cause of infant death due to birth defects,
and that about 4,800 babies born every year have CCHDs. Current
methods used to detect CHDs include prenatal ultrasound screening, and
repeated clinical examinations; however, prenatal ultrasound
screenings, alone, identify less than half of all CHD cases. Many
newborn lives could potentially be saved by requiring birthing
facilities to incorporate pulse oximetry screening as a method for
early detection of CHDs in conjunction with current CHD screening
methods.

LEGISLATIVE HISTORY:

2011-12; A7941 Held in Health/S6726 Passed Senate

FISCAL IMPLICATIONS:

None to state.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided, however, that effective
immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and completed on
or before such effective date.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 270--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. LARKIN, ADDABBO, BOYLE, BRESLIN, GRISANTI, KENNEDY,
  KRUEGER, LATIMER, LAVALLE, MAZIARZ, MONTGOMERY, PERALTA -- read  twice
  and ordered printed, and when printed to be committed to the Committee
  on  Health -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee -- reported  favorably  from
  said  committee and committed to the Committee on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the public health law, in relation to requiring  facili-
  ties  to screen newborns for critical congenital heart defects through
  pulse oximetry screening

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative intent.   Congenital heart defects (CHDs) are
structural abnormalities of the heart that are present  at  birth;  CHDs
range in severity from simple problems such as holes between chambers of
the  heart, to severe malformations, such as the complete absence of one
or more chambers or valves; critical CHDs (CCHDs) are a subset  of  CHDs
that  cause  severe  and  life-threatening symptoms which require inter-
vention within the first days, weeks or months of life.
  According to the United States Secretary of Health and Human Services'
Advisory Committee on Heritable  Disorders  in  Newborns  and  Children,
congenital  heart  disease  affects approximately seven to nine of every
1,000 live births in the United States and Europe. The  federal  Centers
for  Disease Control and Prevention states that CHD is the leading cause
of infant death due to birth defects and that about forty-eight  hundred
babies born each year have one of seven CCHDs.
  Current  methods  for detecting CHDs generally include prenatal ultra-
sound screening  and  repeated  clinical  examinations;  while  prenatal
ultrasound  screenings  can  detect  some  major CHDs, these screenings,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01366-13-3

S. 270--B                           2

alone, identify less than half of all CHD cases.  CCHD cases  are  often
missed  during  routine  clinical  exams  performed prior to a newborn's
discharge from a birthing facility.
  Pulse oximetry is a non-invasive test that estimates the percentage of
hemoglobin  in  blood that is saturated with oxygen. When performed on a
newborn a minimum of 24 hours after birth, pulse oximetry  screening  is
often  more effective at detecting critical, life-threatening CHDs which
otherwise go undetected by  current  screening  methods.  Newborns  with
abnormal  pulse  oximetry results require immediate confirmatory testing
and intervention or a referral to an appropriate  health  care  provider
for confirmatory testing and follow-up care, based on the recommendation
of the treating health care provider.
  The  legislature  finds  and  declares  that  many newborn lives could
potentially be saved by earlier  detection  and  treatment  of  CHDs  if
birthing  facilities  in  the state of New York were required to perform
this simple, non-invasive newborn screening in conjunction with  current
CHD screening methods.
  S  2.  Subdivision  (a) of section 2500-a of the public health law, as
amended by chapter 863 of the laws  of  1986,  is  amended  to  read  as
follows:
  (a) It shall be the duty of the administrative officer or other person
in  charge  of  each institution caring for infants twenty-eight days or
less of age and the person required in pursuance of  the  provisions  of
section  forty-one  hundred thirty of this chapter to register the birth
of a child, to cause to have administered to every such infant or  child
in  its  or  his care a test for phenylketonuria, homozygous sickle cell
disease, hypothyroidism, branched-chain ketonuria,  galactosemia,  homo-
cystinuria,  CRITICAL  CONGENITAL  HEART  DEFECTS THROUGH PULSE OXIMETRY
SCREENING, and such other diseases and conditions as may  from  time  to
time be designated by the commissioner in accordance with rules or regu-
lations  prescribed  by  the commissioner. Testing, the recording of the
results of such  tests,  tracking,  follow-up  reviews  and  educational
activities shall be performed at such times and in such manner as may be
prescribed  by the commissioner. The commissioner shall promulgate regu-
lations setting forth the manner in  which  information  describing  the
purposes  of  the  requirements of this section shall be disseminated to
parents or a guardian of the infant tested.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.

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