AN ACT

 

1Providing for newborn child pulse oximetry screening.

2The General Assembly of the Commonwealth of Pennsylvania
3hereby enacts as follows:

4Section 1. Short title.

5This act shall be known and may be cited as the Newborn Child
6Pulse Oximetry Screening Act.

7Section 2. Findings.

8The General Assembly finds and declares as follows:

9(1) Congenital heart defects (CHD) are structural
10abnormalities that are present at birth and range in severity
11from simple holes in the heart to severe malformations.

12(2) Some severe congenital heart defects can cause
13serious and life-threatening symptoms that require
14intervention in the first days of life.

1(3) The March of Dimes reports that approximately
2350,000 infants are born with heart defects every year in the
3United States.

4(4) Congenital heart defects are the number one killer
5of infants with birth defects, however, advances in diagnosis
6and surgical treatment have led to dramatic increases in
7survival for children with serious heart defects.

8(5) In the United States, about 1.4 million children and
9adults live with congenital heart defects today and nearly
10all are able to live productive, active lives.

11(6) Current methods for detecting congenital heart
12defects include prenatal ultrasound screenings and repeated
13clinical examinations, which only identify less than half of
14all cases of CHD.

15(7) Pulse oximetry is a noninvasive test that when
16performed on newborns is effective in detecting critical,
17life-threatening congenital heart defects that go undetected
18by current screening methods.

19Section 3. Definitions.

20The following words and phrases when used in this act shall
21have the meanings given to them in this section unless the
22context clearly indicates otherwise:

23"Birthing facility." An inpatient or ambulatory health care
24facility licensed by the department that provides birthing and
25newborn care services.

26"Department." The Department of Health of the Commonwealth.

27"Newborn child." A child less than 28 days of age.

28Section 4. Pulse Oximetry Screening<- oximetry screening.

29(a) General rule.--Except as provided for in subsection (b),
30the department shall require a birthing facility to perform a

1critical congenital heart defects screening using pulse oximetry
2on a newborn child in its care before discharge from the
3birthing facility.

<-4(b) Exception.--A screening test under subsection (a) may

<-5(b) Alternate medically accepted test.--

6(1) A birthing facility shall perform a pulse oximetry
7test on each newborn to detect critical congenital heart
8defects at the effective date of this section until such time
9that an alternate medically accepted test that measures the
10percentage of blood oxygen saturation and follows medical
11guideline consensus and recommendations issued by national
12medical organizations advocating on behalf of cardiovascular
13care is approved by the department.

14(2) If the department identifies an alternate medically
15accepted test that meets such criteria, the department shall
16approve the test by publishing notice in the Pennsylvania
17Bulletin and allowing for a 30-day public comment period
18prior to approving the new test.

19(c) Exception.--A screening test under subsection (a) or (b) 
20may not be performed if a parent or guardian of the newborn
21child dissents on the ground that the test conflicts with a
22religious belief or practice.

23Section 5. Regulations.

24The department shall promulgate regulations necessary to
25effectuate the provisions of this act.

26Section 6. Effective date.

27This act shall take effect in 90 days.