25-17 Testing and Treatment of Newborns

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CHAPTER 25-17TESTING AND TREATMENT OF NEWBORNS25-17-00.1. Definitions. As used in this chapter, unless the context otherwise requires:1.&quot;Low-protein modified food product&quot; means a food product that is specially<br>formulated to have less than one gram of protein per serving and is intended to be<br>used under the direction of a physician for the dietary treatment of a metabolic<br>disease. The term does not include a natural food that is naturally low in protein.2.&quot;Medical food&quot; means a food that is intended for the dietary treatment of a disease<br>or condition for which nutritional requirements are established by medical evaluation<br>and is formulated to be consumed or administered under the direction of a<br>physician.3.&quot;Metabolic disease&quot; means a disease as designated by rule of the state health<br>council for which early identification and timely intervention will lead to a significant<br>reduction in mortality, morbidity, and associated disabilities.25-17-01. Newborn screening education programs and tests. The state departmentof health shall:1.Develop and implement a metabolic disease educational program among<br>physicians, hospital staffs, public health nurses, and the citizens of this state. This<br>educational program must include information about the nature of the diseases and<br>about screening for the early detection of these diseases so that proper measures<br>may be taken to reduce mortality, morbidity, and associated disabilities.2.Provide, on a statewide basis, a newborn screening system and short-term followup<br>services for metabolic diseases.3.Coordinate with or refer individuals to public and private health care service<br>providers for long-term followup services for metabolic diseases.25-17-02.Rulemaking requirement.The state health council shall adopt rulesnecessary to implement this chapter.25-17-03.Treatment for positive diagnosis - Registry of cases.The statedepartment of health shall:1.Follow up with attending physicians cases with positive tests for metabolic diseases<br>in order to determine the exact diagnosis.2.Refer every diagnosed case of a metabolic disease to a qualified health care<br>provider for necessary treatment of the metabolic disease.3.Maintain a registry of cases of metabolic diseases.4.Provide medical food at no cost to males under age twenty-two and females under<br>age forty-five who are diagnosed with phenylketonuria or maple syrup urine disease,<br>regardless of income. If treatment services under this subsection are provided to an<br>individual by the department, the department may seek reimbursement from any<br>government program that provides coverage to that individual for the treatment<br>services provided by the department.5.Offer for sale at cost medical food to females age forty-five and over and to males<br>age twenty-two and over who are diagnosed with phenylketonuria or maple syrupPage No. 1urine disease, regardless of income. These individuals are responsible for payment<br>to the department for the cost of medical food.6.Provide low-protein modified food products, if medically necessary as determined by<br>a qualified health care provider, to females under age forty-five and males under age<br>twenty-two who are receiving medical assistance and are diagnosed with<br>phenylketonuria or maple syrup urine disease.25-17-04. Testing and reporting requirements. The physician attending a newbornchild, or the birth attendant in the case of an out-of-hospital birth, shall cause that newborn child<br>to be subjected to testing for metabolic diseases, in the manner prescribed by the state<br>department of health. A physician attending a patient with a metabolic disease shall report the<br>case to the state department of health. The testing requirements of this section do not apply if<br>the parents of a newborn child object to the testing on the grounds that testing for metabolic<br>diseases conflicts with their religious tenets and practices.25-17-05. Testing charges. The state health council may adopt rules that establishreasonable fees and may impose those fees to cover the costs of administering tests under this<br>chapter. All test fees collected by the state department of health must be deposited in the state<br>department of health operating account.Page No. 2Document Outlinechapter 25-17 testing and treatment of newborns