(a) Prior to discharge of any newborn in its care, a birthing facility shall perform on the newborn a pulse oximetry test for critical congenital heart defects or other medically accepted test that measures the percentage of blood oxygen saturation, as approved by the guidelines of the American Academy of Pediatrics.
Ask a legal question, get an answer ASAP! Click here to chat with a lawyer about your rights.
(b) Subsection (a) shall not apply if the parents, guardians, or other persons having custody or control of the newborn object to performance of the test required by subsection (a) on the grounds that the test conflicts with their religious tenets and beliefs and written objection is made a part of the newborn’s medical record.(c) Each birthing facility shall report critical congenital heart defect screening data to the department of health for quality assurance and improvement activities. At a minimum, the data shall include:
(1) Newborns screened and not screened;(2) The timing of screening after birth;(3) Pulse oximetry results;(4) The outcomes of newborns who fail pulse oximetry screening; and(5) Infants who are detected with a critical congenital heart defect and who pass pulse oximetry screening.(d) For the purposes of this section, “birthing facility” means an inpatient or ambulatory health care facility licensed by the department of health that provides birthing and newborn care services.