PRINTER'S NO. 1426
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1220
Session of
2019
INTRODUCED BY CRUZ, DiGIROLAMO, BURGOS, YOUNGBLOOD, SCHLOSSBERG,
HILL-EVANS, MURT, MULLINS, MARKOSEK, BOYLE, SCHWEYER, KINSEY
AND HOWARD, APRIL 15, 2019
REFERRED TO COMMITTEE ON HUMAN SERVICES, APRIL 15, 2019
AN ACT
Providing for cytomegalovirus education and newborn testing.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the CMV Education
and Newborn Testing Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Birthing facility." An inpatient or ambulatory health care
facility licensed by the department that provides birthing and
newborn care services.
"CMV." Cytomegalovirus.
"Department." The Department of Health of the Commonwealth.
"Health care practitioner." The term shall have the same
meaning as defined in section 103 of the act of July 19, 1979
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(P.L.130, No.48), known as the Health Care Facilities Act.
"Newborn child." A child under 28 days of age.
Section 3. Informational publications by department.
(a) General rule.--The department shall make the following
available on the department's publicly accessible Internet
website:
(1) Up-to-date, evidence-based information about CMV
that has been reviewed by medical experts and national CMV
organizations. The information provided shall include the
following:
(i) The incidence of CMV.
(ii) The transmission of CMV to pregnant women and
women who may become pregnant.
(iii) Birth defects caused by congenital CMV.
(iv) Methods of diagnosing congenital CMV.
(v) Available preventive measures.
(vi) Treatment options.
(vii) Any other information the department deems
necessary.
(2) Contact information regarding support programs and
services, including the following:
(i) Information hotlines specific to CMV.
(ii) Relevant resource centers or clearinghouses.
(iii) National and local CMV organizations.
(iv) Educational and support programs.
(b) Form.--The information provided in accordance with this
act shall conform to the applicable standard or standards
provided in the enhanced "National Standards for Culturally and
Linguistically Appropriate Services in Health and Health Care,"
as adopted by the United States Department of Health and Human
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Services and published in the Federal Register on September 24,
2013.
Section 4. Dissemination of information on CMV.
(a) Requirement.--A health care practitioner that assumes
responsibility for the prenatal care of a pregnant woman or a
woman who may become pregnant shall provide the educational
information regarding CMV made available by the department under
section 3.
(b) Compliance.--Delivery of information prepared by the
department in accordance with section 3 shall constitute
compliance with this section.
Section 5. CMV newborn testing.
(a) General rule.--Except as provided for in subsection
(b), the department shall require a birthing facility or a
health care practitioner that assumes care of a newborn child to
test the newborn child for CMV before the newborn child is 21
days of age if:
(1) The newborn child fails the newborn hearing
screening under the act of November 30, 2001 (P.L.849,
No.89), known as the Infant Hearing Education, Assessment,
Reporting and Referral (IHEARR) Act.
(2) The parent or guardian of a newborn child requests
that the newborn child be tested for CMV.
(b) Exception.--A test under subsection (a) may not be
performed if a parent or guardian of the newborn child dissents
on the grounds that the test conflicts with a religious belief
or practice.
Section 6. Regulations.
The department shall promulgate regulations necessary to
effectuate the provisions of this act.
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Section 7. Effective date.
This act shall take effect in 90 days.
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