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PRINTER'S NO. 812
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
709
Session of
2021
INTRODUCED BY TOMLINSON, MARTIN, MENSCH, FONTANA, DiSANTO,
STEFANO, SABATINA, KEARNEY, AUMENT, COSTA, SANTARSIERO,
COLLETT, L. WILLIAMS, TARTAGLIONE AND HAYWOOD, MAY 25, 2021
REFERRED TO HEALTH AND HUMAN SERVICES, MAY 25, 2021
AN ACT
Providing for cytomegalovirus education and newborn screening.
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 Screening 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.
"Certified-nurse midwife." An individual licensed by
the State Board of Medicine to practice midwifery under section
35 of the act of December 20, 1985 (P.L.457, No.112), known as
the Medical Practice Act of 1985.
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"CMV." Cytomegalovirus.
"Department." The Department of Health of the Commonwealth.
"Direct-entry midwife." An independent practitioner educated
in the discipline of midwifery through self-study,
apprenticeship, a midwifery school or a college or university-
based program distinct from the discipline of nursing. The term
includes certified professional midwives, traditional midwives,
Amish, Mennonite or Plain midwives and other specific cultural
or spiritual community-based midwives not licensed by the State
Board of Medicine as a certified-nurse midwife.
"Health care practitioner." The term shall have the same
meaning as defined in section 103 of the act of July 19, 1979
(P.L.130, No.48), known as the Health Care Facilities Act.
"Newborn child." A child under 21 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
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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
Services and published in the Federal Register on September 24,
2013.
Section 4. Dissemination of information on CMV.
(a) Requirement.--A certified-nurse midwife, direct-entry
midwife or 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 screening.
(a) General rule.--Except as provided for in subsection
(c), the department shall require a birthing facility or a
certified-nurse midwife, direct-entry midwife or health care
practitioner that assumes care of a newborn child to screen the
newborn child for CMV before the newborn child is 21 days of age
if:
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(1) the newborn child fails the initial 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; or
(2) the parent or guardian of a newborn child requests
that the newborn child be screened for CMV.
(b) Screening.--A CMV screening shall be performed using the
following:
(1) polymerase chain reaction (PCR) on saliva or urine;
(2) follow-up urine test to a positive PCR saliva test
for confirmation; or
(3) successor testing approved by the Centers for
Disease Control and Prevention.
(c) Exception.--A screening under subsection (a) may not be
performed if a parent or guardian of the newborn child dissents
on the grounds that the screening conflicts with a religious
belief or practice.
Section 6. Regulations.
The department shall promulgate regulations necessary to
effectuate the provisions of this act.
Section 7. Effective date.
This act shall take effect in 90 days.
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