26-10-6 - Testing of newborn infants.
26-10-6. Testing of newborn infants.
(1) Except in the case where parents object on the grounds that they are members of aspecified, well-recognized religious organization whose teachings are contrary to the testsrequired by this section, each newborn infant shall be tested for:
(a) phenylketonuria (PKU);
(b) other metabolic diseases which may result in mental retardation or brain damage andfor which:
(i) a preventive measure or treatment is available; and
(ii) there exists a reliable laboratory diagnostic test method; and
(c) (i) beginning July 1, 1998, for an infant born in a hospital with 100 or more livebirths annually, hearing loss; and
(ii) beginning July 1, 1999, for an infant born in a setting other than a hospital with 100or more live births annually, hearing loss.
(2) In accordance with Section 26-1-6, the department may charge fees for:
(a) materials supplied by the department to conduct tests required under Subsection (1);
(b) tests required under Subsection (1) conducted by the department;
(c) laboratory analyses by the department of tests conducted under Subsection (1); and
(d) the administrative cost of follow-up contacts with the parents or guardians of testedinfants.
(3) Tests for hearing loss under Subsection (1) shall be based on one or more methodsapproved by the Newborn Hearing Screening Committee, including:
(a) auditory brainstem response;
(b) automated auditory brainstem response; and
(c) evoked otoacoustic emissions.
(4) Results of tests for hearing loss under Subsection (1) shall be reported to:
(a) parents when results of tests for hearing loss under Subsection (1) suggest thatadditional diagnostic procedures or medical interventions are necessary; and
(b) the department.
(5) (a) There is established the Newborn Hearing Screening Committee.
(b) The committee shall advise the department on:
(i) the validity and cost of newborn infant hearing loss testing procedures; and
(ii) rules promulgated by the department to implement this section.
(c) The committee shall be composed of at least 11 members appointed by the executivedirector, including:
(i) one representative of the health insurance industry;
(ii) one pediatrician;
(iii) one family practitioner;
(iv) one ear, nose, and throat specialist nominated by the Utah Medical Association;
(v) two audiologists nominated by the Utah Speech-Language-Hearing Association;
(vi) one representative of hospital neonatal nurseries;
(vii) one representative of the Early Intervention Baby Watch Program administered bythe department;
(viii) one public health nurse;
(ix) one consumer; and
(x) the executive director or his designee.
(d) Of the initial members of the committee, the executive director shall appoint asnearly as possible half to two-year terms and half to four-year terms. Thereafter, appointmentsshall be for four-year terms except:
(i) for those members who have been appointed to complete an unexpired term; and
(ii) as necessary to ensure that as nearly as possible the terms of half the appointmentsexpire every two years.
(e) A majority of the members constitute a quorum and a vote of the majority of themembers present constitutes an action of the committee.
(f) The committee shall appoint a chairman from its membership.
(g) The committee shall meet at least quarterly.
(h) A member may not receive compensation or benefits for the member's service, butmay receive per diem and travel expenses in accordance with:
(i) Section 63A-3-106;
(ii) Section 63A-3-107; and
(iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and63A-3-107.
(i) The department shall provide staff for the committee.
Amended by Chapter 286, 2010 General Session