Kentucky Statutes 214.155 – Screening and tests for heritable disorders for newborns and infants — Screening for critical congenital heart disease — Information provided to parent or guardian — Application for federal grants — Section cited as Ja…
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(1) The Cabinet for Health and Family Services shall operate a newborn screening program for heritable and congenital disorders that includes but is not limited to procedures for conducting initial newborn screening tests on infants twenty-eight (28) days or less of age and definitive diagnostic evaluations provided by a state university-based specialty clinic for infants whose initial screening tests resulted in a positive test. The secretary of the cabinet shall, by administrative regulation promulgated pursuant to KRS Chapter 13A:
(a) Prescribe the times and manner of obtaining a specimen and transferring a specimen for testing;
(b) Prescribe the manner of procedures, testing specimens, and recording and reporting the results of newborn screening tests; and
(c) Establish and collect fees to support the newborn screening program.
(2) The administrative officer or other person in charge of each institution caring for infants twenty-eight (28) days or less of age and the person required in pursuance of the provisions of KRS § 213.046 shall register the birth of a child and cause to have administered to every such infant or child in its or his care tests for heritable disorders, including but not limited to phenylketonuria (PKU), sickle cell disease, congenital hypothyroidism, galactosemia, medium-chain acyl-CoA dehydrogenase deficiency (MCAD), very long-chain acyl-CoA deficiency (VLCAD), short-chain acyl-CoA dehydrogenase deficiency (SCAD), maple syrup urine disease (MSUD), congenital adrenal hyperplasia (CAH), biotinidase disorder, cystic fibrosis (CF), 3- methylcrotonyl-CoA carboxylase deficiency (3MCC), 3-OH 3-CH3 glutaric aciduria (HMG), argininosuccinic acidemia (ASA), beta-ketothiolase deficiency (BKT), carnitine uptake defect (CUD), citrullinemia (CIT), glutaric acidemia type I (GA I), Hb S/beta-thalassemia (Hb S/Th), Hb S/C disease (Hb S/C), homocystinuria (HCY), isovaleric acidemia (IVA), long-chain L-3-OH acyl-CoA dehydrogenase deficiency (LCAD), methylmalonic acidemia (Cbl A,B), methylmalonic acidemia mutase deficiency (MUT), multiple carboxylase deficiency (MCD), propionic acidemia (PA), trifunctional protein deficiency (TFP), tyrosinemia type I (TYR I), spinal muscular atrophy (SMA), and krabbe disease. The listing of tests for heritable disorders to be performed shall include all conditions consistent with the recommendations of the American College of Medical Genetics.
(3) The administrative officer or other person in charge of each institution caring for infants twenty-eight (28) days or less of age and the person required in pursuance of the provisions of KRS § 213.046 shall register the birth of a child and cause to have administered to every such infant or child in its or his care a screening for critical congenital heart disease (CCHD) prior to discharge unless CCHD has been ruled out or diagnosed with prior echocardiogram or prenatal diagnosis of CCHD.
(4) Each health care provider of newborn care shall provide an infant’s parent or guardian with information about the newborn screening tests required under
subsections (2) and (3) of this section. The institution or health care provider shall arrange for appropriate and timely follow-ups to the newborn screening tests, including but not limited to additional diagnoses, evaluation, and treatment when indicated.
(5) Nothing in this section shall be construed to require the testing of any child whose parents are members of a nationally recognized and established church or religious denomination, the teachings of which are opposed to medical tests, and who object in writing to the testing of his or her child on that ground.
(6) The cabinet shall make available the names and addresses of health care providers, including but not limited to physicians, nurses, and nutritionists, who may provide postpartum home visits to any family whose infant or child has tested positive for a newborn screening test.
(7) A parent or guardian shall be provided information by the institution or health care provider of newborn care about the availability and costs of screening tests not specified in subsections (2) and (3) of this section. The parent or guardian shall be responsible for costs relating to additional screening tests performed under this subsection, and these costs shall not be included in the fees established for the cabinet’s newborn screening program under subsection (1) of this section. All positive results of additional screening of these tests shall be reported to the cabinet by the institution or health care provider.
(8) (a) For the purposes of this subsection, a qualified laboratory means a clinical laboratory not operated by the cabinet that is accredited pursuant to 42 U.S.C. § 263a, licensed to perform newborn screening testing in any state, and reports its screening results using normal pediatric reference ranges.
(b) The cabinet shall enter into agreements with public or private qualified laboratories to perform newborn screening tests if the laboratory operated by the cabinet is unable to screen for a condition specified in subsection (2) of this section.
(c) The cabinet may enter into agreements with public or private qualified laboratories to perform testing for conditions not specified in subsection (2) of this section. Any agreement entered into under this paragraph shall not preclude an institution or health care provider from conducting newborn screening tests for conditions not specified in subsections (2) and (3) of this section by utilizing other public or private qualified laboratories.
(9) The secretary for health and family services or his or her designee shall apply for any federal funds or grants available through the Public Health Service Act and may solicit and accept private funds to expand, improve, or evaluate programs to provide screening, counseling, testing, or specialty services for newborns or children at risk for heritable disorders.
(10) This section shall be cited as the James William Lazzaro and Madison Leigh Heflin
Newborn Screening Act.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 55, sec. 1, effective July 15, 2020. — Amended
2015 Ky. Acts ch. 6, sec. 1, effective June 24, 2015. — Amended 2013 Ky. Acts ch.
24, sec. 1, effective January 1, 2014. — Amended 2006 Ky. Acts ch. 180, sec. 1, effective July 12, 2006. — Amended 2005 Ky. Acts ch. 66, sec. 1, effective March
11, 2005; and ch. 99, sec. 450, effective June 20, 2005. — Amended 2001 Ky. Acts ch. 31, sec. 1, effective June 21, 2001. — Amended 2000 Ky. Acts ch. 457, sec. 3, effective July 14, 2000. — Amended 1998 Ky. Acts ch. 426, sec. 397, effective July
15, 1998. — Amended 1990 Ky. Acts ch. 369, sec. 35, effective July 13, 1990. — Amended 1988 Ky. Acts ch. 277, sec. 1, effective July 15, 1988. — Amended 1986
Ky. Acts ch. 447, sec. 2, effective April 11, 1986. –Amended 1982 Ky. Acts ch. 39, sec. 1, effective July 15, 1982. — Amended 1974 Ky. Acts ch. 74, Art. VI, sec.
107(2). — Created 1966 Ky. Acts ch. 45, sec. 1.
Legislative Research Commission Note (6/24/2015). 2015 Ky. Acts ch. 6, sec. 2 provides that the amendments to this statute made in 2015 Ky. Acts ch. 6, sec. 1 may be cited as the “Anna Claire Taylor Law.”
Legislative Research Commission Note (6/20/05). Under 2005 Ky. Acts ch. 184, sec.
18, changes in the names of agencies and officers that are made in bills confirming a reorganization of the executive branch are to be codified only to the extent those changes do not conflict with other 2005 amendments. Accordingly, an amendment to this section in Acts ch. 66 prevails over a name change made in Acts ch. 99.
Legislative Research Commission Note (3/11/05). 2005 Ky. Acts chs. 11, 85, 95, 97,
98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.
(a) Prescribe the times and manner of obtaining a specimen and transferring a specimen for testing;
Terms Used In Kentucky Statutes 214.155
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(b) Prescribe the manner of procedures, testing specimens, and recording and reporting the results of newborn screening tests; and
(c) Establish and collect fees to support the newborn screening program.
(2) The administrative officer or other person in charge of each institution caring for infants twenty-eight (28) days or less of age and the person required in pursuance of the provisions of KRS § 213.046 shall register the birth of a child and cause to have administered to every such infant or child in its or his care tests for heritable disorders, including but not limited to phenylketonuria (PKU), sickle cell disease, congenital hypothyroidism, galactosemia, medium-chain acyl-CoA dehydrogenase deficiency (MCAD), very long-chain acyl-CoA deficiency (VLCAD), short-chain acyl-CoA dehydrogenase deficiency (SCAD), maple syrup urine disease (MSUD), congenital adrenal hyperplasia (CAH), biotinidase disorder, cystic fibrosis (CF), 3- methylcrotonyl-CoA carboxylase deficiency (3MCC), 3-OH 3-CH3 glutaric aciduria (HMG), argininosuccinic acidemia (ASA), beta-ketothiolase deficiency (BKT), carnitine uptake defect (CUD), citrullinemia (CIT), glutaric acidemia type I (GA I), Hb S/beta-thalassemia (Hb S/Th), Hb S/C disease (Hb S/C), homocystinuria (HCY), isovaleric acidemia (IVA), long-chain L-3-OH acyl-CoA dehydrogenase deficiency (LCAD), methylmalonic acidemia (Cbl A,B), methylmalonic acidemia mutase deficiency (MUT), multiple carboxylase deficiency (MCD), propionic acidemia (PA), trifunctional protein deficiency (TFP), tyrosinemia type I (TYR I), spinal muscular atrophy (SMA), and krabbe disease. The listing of tests for heritable disorders to be performed shall include all conditions consistent with the recommendations of the American College of Medical Genetics.
(3) The administrative officer or other person in charge of each institution caring for infants twenty-eight (28) days or less of age and the person required in pursuance of the provisions of KRS § 213.046 shall register the birth of a child and cause to have administered to every such infant or child in its or his care a screening for critical congenital heart disease (CCHD) prior to discharge unless CCHD has been ruled out or diagnosed with prior echocardiogram or prenatal diagnosis of CCHD.
(4) Each health care provider of newborn care shall provide an infant’s parent or guardian with information about the newborn screening tests required under
subsections (2) and (3) of this section. The institution or health care provider shall arrange for appropriate and timely follow-ups to the newborn screening tests, including but not limited to additional diagnoses, evaluation, and treatment when indicated.
(5) Nothing in this section shall be construed to require the testing of any child whose parents are members of a nationally recognized and established church or religious denomination, the teachings of which are opposed to medical tests, and who object in writing to the testing of his or her child on that ground.
(6) The cabinet shall make available the names and addresses of health care providers, including but not limited to physicians, nurses, and nutritionists, who may provide postpartum home visits to any family whose infant or child has tested positive for a newborn screening test.
(7) A parent or guardian shall be provided information by the institution or health care provider of newborn care about the availability and costs of screening tests not specified in subsections (2) and (3) of this section. The parent or guardian shall be responsible for costs relating to additional screening tests performed under this subsection, and these costs shall not be included in the fees established for the cabinet’s newborn screening program under subsection (1) of this section. All positive results of additional screening of these tests shall be reported to the cabinet by the institution or health care provider.
(8) (a) For the purposes of this subsection, a qualified laboratory means a clinical laboratory not operated by the cabinet that is accredited pursuant to 42 U.S.C. § 263a, licensed to perform newborn screening testing in any state, and reports its screening results using normal pediatric reference ranges.
(b) The cabinet shall enter into agreements with public or private qualified laboratories to perform newborn screening tests if the laboratory operated by the cabinet is unable to screen for a condition specified in subsection (2) of this section.
(c) The cabinet may enter into agreements with public or private qualified laboratories to perform testing for conditions not specified in subsection (2) of this section. Any agreement entered into under this paragraph shall not preclude an institution or health care provider from conducting newborn screening tests for conditions not specified in subsections (2) and (3) of this section by utilizing other public or private qualified laboratories.
(9) The secretary for health and family services or his or her designee shall apply for any federal funds or grants available through the Public Health Service Act and may solicit and accept private funds to expand, improve, or evaluate programs to provide screening, counseling, testing, or specialty services for newborns or children at risk for heritable disorders.
(10) This section shall be cited as the James William Lazzaro and Madison Leigh Heflin
Newborn Screening Act.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 55, sec. 1, effective July 15, 2020. — Amended
2015 Ky. Acts ch. 6, sec. 1, effective June 24, 2015. — Amended 2013 Ky. Acts ch.
24, sec. 1, effective January 1, 2014. — Amended 2006 Ky. Acts ch. 180, sec. 1, effective July 12, 2006. — Amended 2005 Ky. Acts ch. 66, sec. 1, effective March
11, 2005; and ch. 99, sec. 450, effective June 20, 2005. — Amended 2001 Ky. Acts ch. 31, sec. 1, effective June 21, 2001. — Amended 2000 Ky. Acts ch. 457, sec. 3, effective July 14, 2000. — Amended 1998 Ky. Acts ch. 426, sec. 397, effective July
15, 1998. — Amended 1990 Ky. Acts ch. 369, sec. 35, effective July 13, 1990. — Amended 1988 Ky. Acts ch. 277, sec. 1, effective July 15, 1988. — Amended 1986
Ky. Acts ch. 447, sec. 2, effective April 11, 1986. –Amended 1982 Ky. Acts ch. 39, sec. 1, effective July 15, 1982. — Amended 1974 Ky. Acts ch. 74, Art. VI, sec.
107(2). — Created 1966 Ky. Acts ch. 45, sec. 1.
Legislative Research Commission Note (6/24/2015). 2015 Ky. Acts ch. 6, sec. 2 provides that the amendments to this statute made in 2015 Ky. Acts ch. 6, sec. 1 may be cited as the “Anna Claire Taylor Law.”
Legislative Research Commission Note (6/20/05). Under 2005 Ky. Acts ch. 184, sec.
18, changes in the names of agencies and officers that are made in bills confirming a reorganization of the executive branch are to be codified only to the extent those changes do not conflict with other 2005 amendments. Accordingly, an amendment to this section in Acts ch. 66 prevails over a name change made in Acts ch. 99.
Legislative Research Commission Note (3/11/05). 2005 Ky. Acts chs. 11, 85, 95, 97,
98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.