assembly Bill A2316B

Signed By Governor
2013-2014 Legislative Session

Requires facilities to perform pulse oximetry screening on newborns

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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 31, 2013 signed chap.184
Jul 19, 2013 delivered to governor
Jun 12, 2013 returned to assembly
passed senate
3rd reading cal.1216
substituted for s270b
May 30, 2013 referred to finance
delivered to senate
passed assembly
May 23, 2013 advanced to third reading cal.385
May 22, 2013 reported
May 15, 2013 print number 2316b
amend and recommit to health
Apr 25, 2013 print number 2316a
amend (t) and recommit to health
Jan 14, 2013 referred to health

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

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A2316 - Bill Details

See Senate Version of this Bill:
S270B
Law Section:
Public Health Law
Laws Affected:
Amd §2500-a, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
A7941, S6726

A2316 - Bill Texts

view summary

Requires facilities to perform pulse oximetry screening on newborns.

view full text
download pdf
                    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:

  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; some critical  CHDs  can  cause  severe  and
life-threatening  symptoms  which  require intervention within the first
days 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.
  Current methods for detecting CHDs generally include  prenatal  ultra-
sound  screening  and  repeated  clinical  examinations;  while prenatal
ultrasound screenings can detect some major  congenital  heart  defects,
these  screenings,  alone, identify less than half of all CHD cases, and
critical CHD 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01366-01-3

A. 2316                             2

abnormal  pulse  oximetry results require immediate confirmatory testing
and intervention.
  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.  The public health law is amended by adding a new section 2500-k
to read as follows:
  S 2500-K. PULSE OXIMETRY SCREENING OF NEWBORNS.  1.  THE  COMMISSIONER
SHALL ESTABLISH A PROGRAM TO SCREEN NEWBORN INFANTS FOR CONGENITAL HEART
DEFECTS  THROUGH  PULSE  OXIMETRY SCREENING. IT SHALL BE THE DUTY OF THE
ADMINISTRATIVE OFFICER OR  OTHER  DESIGNATED  PERSON  AT  EACH  FACILITY
LICENSED  PURSUANT  TO  ARTICLE  TWENTY-EIGHT OF THIS CHAPTER CARING FOR
NEWBORN INFANTS TO PERFORM A PULSE OXIMETRY SCREENING A MINIMUM OF TWEN-
TY-FOUR HOURS AFTER BIRTH ON EVERY NEWBORN INFANT IN ITS CARE.
  2. FACILITIES SUBJECT TO THE PROVISIONS OF THIS SECTION THAT  ADMINIS-
TER  A  NEWBORN  INFANT  PULSE  OXIMETRY  SCREENING FOR CONGENITAL HEART
DEFECTS SHALL REPORT TO THE DEPARTMENT IN A MANNER AND  FORMAT  REQUIRED
BY THE COMMISSIONER:
  (A)  THE  RESULTS  OF  EACH  NEWBORN  INFANT  PULSE OXIMETRY SCREENING
PERFORMED; AND
  (B) SUCH OTHER INFORMATION OR DATA AS MAY BE REQUIRED BY  THE  COMMIS-
SIONER PURSUANT TO REGULATION TO FULFILL THE PURPOSES OF THIS SECTION.
  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.

Co-Sponsors

view all co-sponsors

A2316A - Bill Details

See Senate Version of this Bill:
S270B
Law Section:
Public Health Law
Laws Affected:
Amd §2500-a, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
A7941, S6726

A2316A - Bill Texts

view summary

Requires facilities to perform pulse oximetry screening on newborns.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2316--A

                       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, JAFFEE,
  SIMOTAS, MILLMAN, TENNEY, MARKEY,  MAISEL,  LAVINE,  STEC,  SEPULVEDA,
  ROBERTS,  PAULIN,  QUART,  BRONSON,  STECK, ESPINAL, SKOUFIS, KELLNER,
  BROOK-KRASNY -- Multi-Sponsored by -- M. of A. ARROYO, AUBRY, BARCLAY,
  BLANKENBUSH, BRENNAN, CLARK, COLTON, COOK, CROUCH,  CURRAN,  DINOWITZ,
  DUPREY,   FARRELL,  FINCH,  HEVESI,  LUPARDO,  McLAUGHLIN,  MONTESANO,
  O'DONNELL,  PALMESANO,  PERRY,  RAIA,  RIVERA,  ROBINSON,  SIMANOWITZ,
  WALTER -- read once and referred to the Committee on Health -- commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01366-04-3

A. 2316--A                          2

ultrasound  screenings  can  detect  some  major CHDs, these screenings,
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.
  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. The public health law is amended by adding a new  section  2500-k
to read as follows:
  S  2500-K.  NEWBORN INFANT CRITICAL CONGENITAL HEART DEFECT SCREENING.
1. THE COMMISSIONER SHALL ESTABLISH A PROGRAM TO SCREEN NEWBORN  INFANTS
FOR  CRITICAL CONGENITAL HEART DEFECTS THROUGH PULSE OXIMETRY SCREENING.
IT SHALL BE THE DUTY OF THE ADMINISTRATIVE OFFICER OR  OTHER  DESIGNATED
PERSON  AT  EACH  FACILITY  LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF
THIS CHAPTER CARING FOR NEWBORN INFANTS  TO  PERFORM  A  PULSE  OXIMETRY
SCREENING FOR CRITICAL CONGENITAL HEART DEFECTS A MINIMUM OF TWENTY-FOUR
HOURS AFTER BIRTH ON EVERY NEWBORN INFANT IN ITS CARE.
  2.  FACILITIES SUBJECT TO THE PROVISIONS OF THIS SECTION THAT ADMINIS-
TER A NEWBORN INFANT PULSE OXIMETRY SCREENING  FOR  CRITICAL  CONGENITAL
HEART  DEFECTS  SHALL  REPORT  TO  THE DEPARTMENT IN A MANNER AND FORMAT
REQUIRED BY THE COMMISSIONER:
  (A) THE RESULTS OF EACH NEWBORN INFANT PULSE  OXIMETRY  SCREENING  FOR
CRITICAL CONGENITAL HEART DEFECTS PERFORMED; AND
  (B)  SUCH  OTHER INFORMATION OR DATA AS MAY BE REQUIRED BY THE COMMIS-
SIONER PURSUANT TO REGULATION TO FULFILL THE PURPOSES OF THIS SECTION.
  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.

Co-Sponsors

view all co-sponsors

A2316B (ACTIVE) - Bill Details

See Senate Version of this Bill:
S270B
Law Section:
Public Health Law
Laws Affected:
Amd §2500-a, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
A7941, S6726

A2316B (ACTIVE) - Bill Texts

view summary

Requires facilities to perform pulse oximetry screening on newborns.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2316--B

                       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, JAFFEE,
  SIMOTAS, MILLMAN, TENNEY, MARKEY,  MAISEL,  LAVINE,  STEC,  SEPULVEDA,
  ROBERTS,  PAULIN,  QUART,  BRONSON,  STECK, ESPINAL, SKOUFIS, KELLNER,
  BROOK-KRASNY, GABRYSZAK, ABINANTI, LENTOL,  BENEDETTO  --  Multi-Spon-
  sored  by  --  M. of A.  ARROYO, AUBRY, BARCLAY, BLANKENBUSH, BRENNAN,
  BUCHWALD, CLARK,  COLTON,  COOK,  CRESPO,  CROUCH,  CURRAN,  DINOWITZ,
  DUPREY,  FARRELL, FINCH, FITZPATRICK, HEVESI, HOOPER, P. LOPEZ, LUPAR-
  DO,  LUPINACCI,  McDONALD,  McLAUGHLIN,   MONTESANO,   MOSLEY,   OAKS,
  O'DONNELL,  PALMESANO, PERRY, RAIA, RIVERA, ROBINSON, RODRIGUEZ, SIMA-
  NOWITZ, WALTER -- read once and referred to the Committee on Health --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said  committee -- again reported from said committee
  with amendments, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01366-12-3

A. 2316--B                          2

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,
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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