House File 2074

                                       HOUSE FILE       
                                       BY  PETERSEN, CARROLL,
                                           HEDDENS, HUSER,
                                           and UPMEYER


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the duties of the birth defects institute by
  2    providing for a work group to study stillbirths and renaming
  3    the institute.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5237YH 80
  6 kk/gg/14

PAG LIN

  1  1    Section 1.  LEGISLATIVE INTENT AND PURPOSE == STILLBIRTHS
  1  2 PROTOCOL WORK GROUP.
  1  3    1.  It is the intent of the general assembly that the
  1  4 department of public health study and develop prevention
  1  5 strategies to reduce stillbirths and other congenital or
  1  6 inherited disorders which cause the death and disability of
  1  7 newborns in this state.  It is the purpose of this Act to
  1  8 enable the department to carry out the intent of the general
  1  9 assembly through a stillbirths protocol work group and the
  1 10 redesign of the birth defects institute.
  1 11    2.  The Iowa department of public health shall establish a
  1 12 work group to develop protocol and implementation guidelines
  1 13 for the evaluation of causes and prevention of stillbirths by
  1 14 the center for congenital and inherited disorders.  The
  1 15 director of public health shall select the members of the work
  1 16 group, which may include representatives from the child death
  1 17 review team, the Iowa hospital association, the health care
  1 18 industry, the health insurance industry, and parents or other
  1 19 interested parties as deemed appropriate by the director.  The
  1 20 director shall submit a report from the work group to the
  1 21 general assembly on or before January 15, 2005.
  1 22    Sec. 2.  NEW SECTION.  136E.1  PURPOSE.
  1 23    To reduce and avoid adverse health conditions of
  1 24 inhabitants of the state, the Iowa department of public health
  1 25 shall initiate, conduct, and supervise screening and health
  1 26 care programs in order to detect and predict congenital or
  1 27 inherited disorders.  The department shall assist in the
  1 28 translation and integration of genetic and genomic advances
  1 29 into public health services to improve health outcomes
  1 30 throughout the life span of the inhabitants of the state.
  1 31    Sec. 3.  NEW SECTION.  136E.2  DEFINITIONS.
  1 32    As used in this chapter, unless the context otherwise
  1 33 requires:
  1 34    1.  "Attending health care provider" means a licensed
  1 35 physician, nurse practitioner, certified nurse midwife, or
  2  1 physician assistant.
  2  2    2.  "Congenital disorder" means an abnormality existing
  2  3 prior to or at birth, including a stillbirth, that adversely
  2  4 affects the health and development of a fetus, newborn, child,
  2  5 or adult, including a structural malformation or a genetic,
  2  6 chromosomal, inherited, or biochemical disorder.
  2  7    3.  "Department" means the Iowa department of public
  2  8 health.
  2  9    4.  "Disorder" means a congenital or inherited disorder.
  2 10    5.  "Genetics" means the study of inheritance and how genes
  2 11 contribute to health conditions and the potential for disease.
  2 12    6.  "Genomics" mean the functions and interactions of all
  2 13 human genes and their variation within human populations,
  2 14 including their interaction with environmental factors, and
  2 15 their contribution to health.
  2 16    7.  "Inherited disorder" means a condition caused by an
  2 17 abnormal change in a gene or genes passed from a parent or
  2 18 parents to their child.  Onset of the disorder may be prior to
  2 19 or at birth, during childhood, or in adulthood.
  2 20    8.  "Stillbirth" means an unintended fetal death occurring
  2 21 after a gestation period of twenty completed weeks, or an
  2 22 unintended fetal death of a fetus with a weight of three
  2 23 hundred fifty or more grams.
  2 24    Sec. 4.  NEW SECTION.  136E.3  ESTABLISHMENT OF CENTER FOR
  2 25 CONGENITAL AND INHERITED DISORDERS == DUTIES.
  2 26    A center for congenital and inherited disorders is
  2 27 established within the department.  The center shall do all of
  2 28 the following:
  2 29    1.  Initiate, conduct, and supervise statewide screening
  2 30 programs for congenital and inherited disorders amenable to
  2 31 population screening.
  2 32    2.  Initiate, conduct, and supervise statewide health care
  2 33 programs to aid in the early detection, treatment, prevention,
  2 34 education, and provision of supportive care related to
  2 35 congenital and inherited disorders.
  3  1    3.  Develop specifications for and designate a central
  3  2 laboratory in which tests conducted pursuant to the screening
  3  3 programs provided for in subsection 1 will be performed.
  3  4    4.  Gather, evaluate, and maintain information related to
  3  5 causes, severity, prevention, and methods of treatment for
  3  6 congenital and inherited disorders in conjunction with a
  3  7 central registry, screening programs, genetic health care
  3  8 programs, and ongoing scientific investigations and surveys.
  3  9    5.  Perform surveillance and monitoring of congenital and
  3 10 inherited disorders to determine the occurrence and trends of
  3 11 the disorders, to conduct thorough and complete
  3 12 epidemiological surveys, to assist in the planning for and
  3 13 provision of services to children with congenital and
  3 14 inherited disorders and their families, and to identify
  3 15 environmental and genetic risk factors for congenital and
  3 16 inherited disorders.
  3 17    6.  Provide information related to severity, causes,
  3 18 prevention, and methods of treatment for congenital and
  3 19 inherited disorders to the public, medical and scientific
  3 20 communities, and health science disciplines.
  3 21    7.  Implement public education programs, continuing
  3 22 education programs for health practitioners, and education
  3 23 programs for trainees of the health science disciplines
  3 24 related to genetics, congenital disorders, and inheritable
  3 25 disorders.
  3 26    8.  Participate in policy development to assure the
  3 27 appropriate use and confidentiality of genetic information and
  3 28 technologies to improve health and prevent disease.
  3 29    9.  Collaborate with state and local health agencies and
  3 30 other public and private organizations to provide education,
  3 31 intervention, and treatment for congenital and inherited
  3 32 disorders and to integrate genetics and genomics advances into
  3 33 public health activities and policies.
  3 34    Sec. 5.  NEW SECTION.  136E.4  GENETIC HEALTH SERVICES.
  3 35    The center may initiate, conduct, and supervise genetic
  4  1 health services for the inhabitants of the state, including
  4  2 the provision of regional genetic consultation clinics,
  4  3 comprehensive neuromuscular health care outreach clinics, and
  4  4 other outreach services and clinics as established by rule.
  4  5    Sec. 6.  NEW SECTION.  136E.5  NEWBORN METABOLIC SCREENING.
  4  6    1.  All newborns and stillborns born in this state shall be
  4  7 screened for congenital and inherited disorders in accordance
  4  8 with rules adopted by the department.
  4  9    2.  An attending health care provider shall ensure that
  4 10 every newborn and stillborn under the provider's care is
  4 11 screened for congenital and inherited disorders in accordance
  4 12 with rules adopted by the department.
  4 13    3.  This section does not apply if the parent objects to
  4 14 the screening.  If a parent objects to the screening of a
  4 15 newborn, the attending health care provider shall document the
  4 16 refusal in the newborn's medical record and shall obtain a
  4 17 written refusal from the parent and report the refusal to the
  4 18 department as provided by rule of the department.
  4 19    Sec. 7.  NEW SECTION.  136E.6  CENTRAL REGISTRY.
  4 20    The center for congenital and inherited disorders shall
  4 21 maintain a central registry, or shall establish an agreement
  4 22 with a designated contractor to maintain a central registry,
  4 23 to compile, evaluate, retain, and disseminate information on
  4 24 the occurrence, prevalence, causes, treatment, and prevention
  4 25 of congenital disorders.  Congenital disorders shall be
  4 26 considered reportable conditions in accordance with rules
  4 27 adopted by the department and shall be abstracted and
  4 28 maintained by the registry.
  4 29    Sec. 8.  NEW SECTION.  136E.7  CONFIDENTIALITY.
  4 30    The center for congenital and inherited disorders and the
  4 31 department shall maintain the confidentiality of any
  4 32 identifying information collected, used, or maintained
  4 33 pursuant to this chapter in accordance with section 22.7,
  4 34 subsection 2.
  4 35    Sec. 9.  NEW SECTION.  136E.8  RULES.
  5  1    The center for congenital and inherited disorders, with
  5  2 assistance provided by the Iowa department of public health,
  5  3 shall adopt rules pursuant to chapter 17A to administer this
  5  4 chapter.
  5  5    Sec. 10.  NEW SECTION.  136E.9  COOPERATION OF OTHER
  5  6 AGENCIES.
  5  7    All state, district, county, and city health or welfare
  5  8 agencies shall cooperate and participate in the administration
  5  9 of this chapter.
  5 10    Sec. 11.  Chapter 136A, Code 2003, is repealed.
  5 11    Sec. 12.  CODE EDITOR DIRECTIVE.
  5 12    1.  The Code editor may transfer chapter 136E to chapter
  5 13 136A.
  5 14    2.  The Code editor is directed to strike the words "birth
  5 15 defects institute" and insert the words "center for congenital
  5 16 and inherited disorders" where the words appear in section
  5 17 144.13A.
  5 18    3.  The Code editor shall correct any references to the
  5 19 center for congenital and inherited disorders as the successor
  5 20 to the birth defects institute, including grammatical
  5 21 constructions, anywhere else in the Code, in any bills
  5 22 awaiting codification, and in any bills enacted by the
  5 23 Eightieth General Assembly, 2004 Regular Session.
  5 24                           EXPLANATION
  5 25    This bill relates to the duties of the birth defects
  5 26 institute established in Code chapter 136A by providing for a
  5 27 work group to study stillbirths and by renaming the institute.
  5 28    A work group is required to be created by the Iowa
  5 29 department of public health to develop protocol and
  5 30 implementation guidelines for the evaluation of causes and
  5 31 prevention of stillbirths.  Members of the work group will be
  5 32 selected by the director of public health who must report the
  5 33 results of the work group to the general assembly by January
  5 34 15, 2005.
  5 35    The bill renames the birth defects institute the center for
  6  1 congenital and inherited disorders.  The bill expands the
  6  2 institute's scope of study beyond birth defects to include the
  6  3 study of the causes and prevention of all congenital and
  6  4 inherited disorders, including stillbirths.  The center will
  6  5 continue the duties of the institute to maintain a central
  6  6 registry, conduct screening programs, provide statewide health
  6  7 care programs, and provide information to and educate the
  6  8 public and medical and scientific communities.  The center may
  6  9 provide genetic health services through clinics or outreach
  6 10 services.  The bill permits parents the option to refuse
  6 11 screening for their child.
  6 12    The bill provides for confidentiality of identifiable
  6 13 information collected, used, or maintained by the center or
  6 14 department and provides the center authority to adopt rules.
  6 15    The Code editor is directed to make all necessary changes
  6 16 to existing provisions of the Code and prospective enactments
  6 17 by the general assembly to codify the new Code chapter.
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