S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1518
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation to requiring  report-
   ing of positive cytomegalovirus test results
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  Article 21 of the public health law is amended by adding a
 new title 9 to read as follows:
                                 TITLE IX
                              CYTOMEGALOVIRUS
 SECTION 2185. CYTOMEGALOVIRUS; DUTY TO REPORT.
   § 2185. CYTOMEGALOVIRUS; DUTY TO REPORT. 1.   UPON NOTICE TO  A  LOCAL
 HEALTH DEPARTMENT THROUGH THE ELECTRONIC CLINICAL LABORATORIES REPORTING
 SYSTEM THAT A NEWBORN HAS TESTED POSITIVE FOR CYTOMEGALOVIRUS, THE LOCAL
 HEALTH  DEPARTMENT  SHALL IMMEDIATELY CONTACT THE PEDIATRICIAN OF RECORD
 FOR SUCH NEWBORN AND NOTIFY SUCH PEDIATRICIAN OF THE POSITIVE RESULT. IF
 SUCH PEDIATRICIAN CANNOT BE NOTIFIED, THEN THE LOCAL  HEALTH  DEPARTMENT
 SHALL CONTACT THE CHIEF OF NEWBORN SERVICES AT THE HOSPITAL IN WHICH THE
 NEWBORN WAS BORN. IF SUCH CHIEF OF NEWBORN SERVICES CANNOT BE CONTACTED,
 THEN  THE  LOCAL HEALTH DEPARTMENT SHALL CONTACT THE MEDICAL DIRECTOR AT
 THE HOSPITAL IN WHICH THE NEWBORN WAS BORN.
   2. THE LOCAL HEALTH DEPARTMENT SHALL SIMULTANEOUSLY CONTACT THE PARENT
 OF ANY NEWBORN WITH A POSITIVE TEST RESULT FOR CYTOMEGALOVIRUS TO INFORM
 THEM THAT THE NEWBORN HAS TESTED POSITIVE FOR CYTOMEGALOVIRUS.
   3. IF THE POSITIVE TEST WAS FROM A SALIVA SPECIMEN, A POLYMERASE CHAIN
 REACTION  URINE  TEST  AS  REQUIRED  PURSUANT  TO  SECTION   TWENTY-FIVE
 HUNDRED-A  OF  THIS  CHAPTER  SHALL BE ADMINISTERED AS SOON AS POSSIBLE,
 PROVIDED THAT THE NEWBORN IS NO MORE THAN THREE WEEKS IN AGE, TO CONFIRM
 THE TEST RESULT.
   4. IF A URINE TEST ADMINISTERED PURSUANT TO SUBDIVISION THREE OF  THIS
 SECTION  CONFIRMS  THAT  THE  RESULTS  ARE  POSITIVE,  THE  LOCAL HEALTH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05736-01-3
              

 A. 1518                             2
 
 DEPARTMENT SHALL IMMEDIATELY CONTACT THE PEDIATRICIAN OF RECORD FOR SUCH
 NEWBORN AND NOTIFY SUCH PEDIATRICIAN OF THE POSITIVE RESULT.    IF  SUCH
 PEDIATRICIAN  CANNOT BE NOTIFIED, THEN THE LOCAL HEALTH DEPARTMENT SHALL
 CONTACT  THE  CHIEF  OF  NEWBORN  SERVICES  AT THE HOSPITAL IN WHICH THE
 NEWBORN WAS BORN. IF SUCH CHIEF OF NEWBORN SERVICES CANNOT BE CONTACTED,
 THEN THE LOCAL HEALTH DEPARTMENT SHALL CONTACT THE MEDICAL  DIRECTOR  AT
 THE  HOSPITAL  IN WHICH THE NEWBORN WAS BORN. IN ADDITION, THE PARENT OR
 GUARDIAN OF THE NEWBORN SHALL BE CONTACTED NO LATER THAN ONE  WEEK  FROM
 SUCH  POSITIVE  RESULT  AND  SHALL BE REFERRED TO A PEDIATRIC INFECTIOUS
 DISEASE SPECIALIST TO PERFORM A FULL  EXAMINATION  BEFORE  SUCH  NEWBORN
 REACHES  FOUR  WEEKS  OF AGE. SUCH EXAMINATION SHALL INCLUDE, BUT NOT BE
 LIMITED TO:
   (A) MEASUREMENT OF HEAD CIRCUMFERENCE;
   (B) HEAD SONOGRAM;
   (C) BLOOD TESTS INCLUDING A COMPLETE BLOOD COUNT  AND  LIVER  FUNCTION
 TESTS;
   (D) EYE EXAM BY AN OPHTHALMOLOGIST; AND
   (E) HEARING EVALUATION BY AUDITORY BRAINSTEM RESPONSE.
   5. UPON NOTIFICATION OF A POSITIVE URINE TEST RESULT FOR CYTOMEGALOVI-
 RUS  ADMINISTERED  PURSUANT  TO  SUBDIVISIONS  THREE  AND  FOUR  OF THIS
 SECTION, THE LOCAL HEALTH DEPARTMENT SHALL CONTACT THE  PEDIATRICIAN  OR
 HOSPITAL CHIEF OF NEWBORN SERVICES OR THE HOSPITAL MEDICAL DIRECTOR, AND
 THE PARENT OR GUARDIAN, TO ENSURE THE REFERRAL TO A PEDIATRIC INFECTIOUS
 DISEASE  SPECIALIST  PURSUANT  TO  SUBDIVISION  FOUR OF THIS SECTION WAS
 COMPLETED.
   6. THE COMMISSIONER SHALL CAUSE CYTOMEGALOVIRUS TO  BE  ADDED  TO  THE
 LIST OF COMMUNICABLE DISEASES DESIGNATED PURSUANT TO 10 NYCRR PART 2.1.
   7.  FOR THE PURPOSES OF THIS SECTION, THE TERM "NEWBORN" SHALL INCLUDE
 ANY INFANT OF THE AGE OF THIRTY-ONE DAYS OR LESS.
   § 2. This act shall take effect immediately.