senate Bill S270B

Signed By Governor
2013-2014 Legislative Session

Requires facilities to perform pulse oximetry screening on newborns

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Archive: Last Bill Status Via A2316 - 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
Jun 12, 2013 substituted by a2316b
Jun 11, 2013 ordered to third reading cal.1216
reported and committed to rules
May 16, 2013 print number 270b
amend and recommit to finance
May 07, 2013 reported and committed to finance
Apr 25, 2013 print number 270a
amend (t) and recommit to health
Jan 09, 2013 referred to health

Votes

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Jun 11, 2013 - Finance committee Vote

S270B
35
0
committee
35
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Finance committee vote details

Jun 11, 2013 - Rules committee Vote

S270B
24
1
committee
24
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

May 7, 2013 - Health committee Vote

S270A
14
0
committee
14
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: May 7, 2013

aye wr (1)
excused (1)

Bill Amendments

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

Co-Sponsors

view additional co-sponsors

S270 - Bill Details

See Assembly Version of this Bill:
A2316B
Law Section:
Public Health Law
Laws Affected:
Add §2500-a, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
S6726, A7941

S270 - Bill Texts

view summary

Requires facilities to perform pulse oximetry screening on newborns.

view sponsor memo
BILL NUMBER:S270

TITLE OF BILL:
An act
to amend the public health law, in relation to requiring facilities to
perform pulse oximetry screening on newborns

PURPOSE:
Requires facilities to perform pulse oximetry screening on newborns.

SUMMARY OF PROVISIONS:
Section 1: Legislative Intent

Section 2: Establishes a program to screen newborn infants for
congenital heart defects through pulse oximetry screening.

Section 3: Effective Date

JUSTIFICATION:
This bill requires each birthing facility in the state of New York be
required to perform a pulse oximetry screening for congenital birth
defects (CHDs), a minimum of 24 hours after birth, on every newborn
in its care. 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 noninvasive, 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.
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.

FISCAL IMPLICATIONS:
None to state.

PRIOR LEGISLATIVE HISTORY:
2012: S.6726 - Passed Senate

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

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  LARKIN -- read twice and ordered printed, and when
  printed to be committed 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

S. 270                              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 additional co-sponsors

S270A - Bill Details

See Assembly Version of this Bill:
A2316B
Law Section:
Public Health Law
Laws Affected:
Add §2500-a, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
S6726, A7941

S270A - Bill Texts

view summary

Requires facilities to perform pulse oximetry screening on newborns.

view sponsor memo
BILL NUMBER:S270A

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.

SUMMARY OF PROVISIONS: Section 1: Legislative Intent

Section 2: Establishes a program to screen newborn infants for
critical congenital heart defects through pulse oximetry screening.

Section 3: Effective Date.

JUSTIFICATION: This bill requires each birthing facility in the state
of New York be required to perform a pulse oximetry screening for
critical congenital birth defects (CHDs), a minimum of 24 hours after
birth, on every newborn in its care. 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 noninvasive, 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: 2012-S.6726-Passed Senate

FISCAL IMPLICATIONS: None to the 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.

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

                                 270--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. LARKIN, ADDABBO, BOYLE, BRESLIN, GRISANTI, 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

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,
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01366-05-3

S. 270--A                           2

  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 additional co-sponsors

S270B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A2316B
Law Section:
Public Health Law
Laws Affected:
Add §2500-a, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
S6726, A7941

S270B (ACTIVE) - Bill Texts

view summary

Requires facilities to perform pulse oximetry screening on newborns.

view 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.

view full text
download pdf
                    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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