S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    520
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen.  YOUNG  -- 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 screen newborns for neonatal abstinence syndrome through toxi-
   cological screening of infants' meconium or urine
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative  intent.  The  legislature  hereby  finds  that
 neonatal  abstinence  syndrome (NAS) is a public health crisis affecting
 all levels of society in New York state.  Newborns  have  an  alarmingly
 high  rate  of  testing  positive  for  NAS as a result of high rates of
 addiction to narcotics and other drugs in many  regions  of  the  state.
 Addressing this public health crisis serves the public interest by help-
 ing  to ensure that newborns in this state receive appropriate treatment
 as early as possible to prevent adverse health outcomes.
   Between 2010 and 2012, there were 5,857 newborn drug-related diagnoses
 in this state, a rate of 83.8 diagnoses per 10,000 births.  In  each  of
 those  years,  the  number  of  newborns  diagnosed  with a drug-related
 illness increased. In the United States,  between  2000  and  2009,  the
 number  of newborns reported to have neonatal abstinence syndrome nearly
 tripled.  This is indicative of a public  health  crisis  affecting  all
 regions of the state and nation.
   Current  methods  for detecting NAS are inadequate, relying heavily on
 newborn observation and questioning of the mother  regarding  opiate  or
 narcotic  use.  In many instances, newborns are taken home after twenty-
 four to forty-eight hours. This time period may be inadequate for obser-
 vation to detect NAS symptoms.  Toxicological  testing  of  a  newborn's
 meconium or urine allows hospitals to detect NAS early, thereby enabling
 such  facilities  to  begin  treatment  to prevent future adverse health
 outcomes.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD06229-01-7

 S. 520                              2
 
   § 2. Subdivision (a) of section 2500-a of the public  health  law,  as
 amended  by  chapter  184  of  the  laws  of 2013, 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, NEONATAL ABSTINENCE SYNDROME, and  such  other  diseases  and
 conditions as may from time to time be designated by the commissioner in
 accordance  with  rules  or  regulations 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 commission-
 er shall promulgate regulations setting forth the manner in which infor-
 mation describing the purposes of the requirements of this section shall
 be disseminated to parents or a guardian of the infant tested.
   § 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  is
 authorized  and  directed  to  be  made  and completed on or before such
 effective date.