House File 120 - IntroducedA Bill ForAn Act 1relating to a cytomegalovirus public health initiative,
2and providing an appropriation.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  NEW SECTION.  136A.5B  Cytomegalovirus public
2health initiative — congenital cytomegalovirus screening —
3public education and awareness program.
   41.  a.  As used in this section, “congenital cytomegalovirus”
5means cytomegalovirus acquired by an infant before birth.
   6b.  A birthing hospital, a birth center, or an attending
7health care provider shall ensure that the parent of every
8newborn under the birthing hospital’s, birth center’s, or
9attending health care provider’s care receives information
10regarding congenital cytomegalovirus, including the symptoms
11of and birth defects caused by congenital cytomegalovirus, the
12opportunity for screening prior to and after being discharged
13from the birthing hospital’s, birth center’s, or attending
14health care provider’s care, and follow-up measures to detect
15and treat congenital cytomegalovirus.
   16c.  A birthing hospital, a birth center, or an attending
17health care provider shall ensure that every newborn delivered
18in a birthing hospital or birth center who fails the initial
19newborn hearing screening administered pursuant to section
20135.131, receives a congenital cytomegalovirus saliva
21screening and that the newborn’s parent receives the results
22of that screening prior to being discharged from the birthing
23hospital’s, birth center’s, or attending health care provider’s
24care.
   25d.  A primary care provider who undertakes primary
26pediatric care of a newborn delivered in a location other
27than a birthing hospital or birth center shall ensure that
28every newborn who fails the initial newborn hearing screening
29administered pursuant to section 135.131 receives a congenital
30cytomegalovirus saliva screening and that the newborn’s parent
31receives the results of that screening in accordance with rules
32adopted under this subsection.
   33e.  If the results of the congenital cytomegalovirus
34screening are positive, the parent of the newborn shall be
35provided with information regarding options for minimizing the
-1-1effects of congenital cytomegalovirus, and the early follow-up
2and intervention options, treatment, and resources available
3for the newborn, including but not limited to those available
4through the local birth-to-three coordinator or similar
5agency, the local area education agency, and local health care
6professionals.
   7f.  If the results of the congenital cytomegalovirus
8screening are negative, the parent of the newborn shall be
9provided with information regarding follow-up program resources
10to confirm whether the newborn has hearing loss and to provide
11for early intervention.
   12g.  The provisions of this subsection relating to a required
13congenital cytomegalovirus saliva screening do not apply if a
14parent objects to the screening. If a parent objects to the
15screening of a newborn, the birthing hospital, birth center,
16attending health care provider, or primary care provider shall
17document the refusal in the newborn’s medical record and shall
18obtain a written refusal from the parent and report the refusal
19to the department.
   20h.  The results of a congenital cytomegalovirus screening
21shall be reported in a manner consistent with the reporting of
22the results of metabolic screenings pursuant to section 136A.5,
23and in accordance with rules adopted pursuant to section
24136A.8.
   25i.  The department may share the congenital cytomegalovirus
26screening results information reported under paragraph “h” with
27agencies and persons involved with newborn and infant hearing
28screenings, follow-up services, and intervention services.
   29j.  This subsection shall be administered in accordance with
30rules adopted pursuant to section 136A.8.
   312.  a.  In accordance with the duties prescribed in section
32136A.3, the center for congenital and inherited disorders
33shall collaborate with state and local health agencies
34and other public and private organizations to develop and
35publish or approve and publish informational materials to
-2-1educate and raise awareness of cytomegalovirus and congenital
2cytomegalovirus among women who may become pregnant, expectant
3parents, parents of infants, birthing hospitals, birth centers,
4attending health care providers, primary care providers,
5and others, as appropriate. The materials shall include
6information regarding all of the following:
   7(1)  The incidence of cytomegalovirus and congenital
8cytomegalovirus.
   9(2)  The transmission of cytomegalovirus to a pregnant woman
10or a woman who may become pregnant.
   11(3)  Birth defects caused by congenital cytomegalovirus.
   12(4)  Methods of diagnosing congenital cytomegalovirus.
   13(5)  Available preventive measures to avoid cytomegalovirus
14infection by women who are pregnant or who may become pregnant.
   15(6)  Early interventions, treatment, and services available
16for children diagnosed with congenital cytomegalovirus.
   17b.  An attending health care provider shall provide to a
18pregnant woman during the first trimester of the pregnancy,
19the informational materials published under this subsection.
20The center for congenital and inherited disorders shall make
21the informational materials available to attending health care
22providers upon request.
   23c.  The department shall publish the informational materials
24on its internet site.
25   Sec. 2.  Section 135.131, subsections 3, 4, and 5, Code 2017,
26are amended to read as follows:
   273.  a.  A birthing hospital shall screen every newborn
28delivered in the hospital for hearing loss within a time frame
29consistent with the time frame required to comply with the
30screening for congenital cytomegalovirus pursuant to section
31136A.5B and
prior to discharge of the newborn from the birthing
32hospital. A birthing hospital that transfers a newborn for
33acute care prior to completion of the hearing screening shall
34notify the receiving facility of the status of the hearing
35screening. The receiving facility shall be responsible for
-3-1completion of the newborn hearing screening and the congenital
2cytomegalovirus screening pursuant to section 136A.5B
.
   3b.  The birthing hospital or other facility completing
4the hearing screening under this subsection shall report the
5results of the screening to the parent or guardian of the
6newborn and to the department in a manner prescribed by rule of
7the department. The birthing hospital or other facility shall
8also report the results of the hearing screening to the primary
9care provider of the newborn or infant upon discharge from the
10birthing hospital or other facility. If the newborn or infant
11was not tested prior to discharge, the birthing hospital or
12other facility shall report the status of the hearing screening
 13and congenital cytomegalovirus screening pursuant to section
14136A.5B
to the primary care provider of the newborn or infant.
   154.  A birth center shall refer the newborn to a licensed
16audiologist, physician, or hospital for screening for
17hearing loss within a time frame consistent with the time
18frame required to comply with the screening for congenital
19cytomegalovirus pursuant to section 136A.5B and
prior to
20discharge of the newborn from the birth center. The hearing
21screening shall be completed within thirty days following
22discharge of the newborn.
The person completing the hearing
23screening shall report the results of the screening to the
24parent or guardian of the newborn and to the department in a
25manner prescribed by rule of the department. Such person shall
26also report the results of the screening to the primary care
27provider of the newborn.
   285.  If a newborn is delivered in a location other than a
29birthing hospital or a birth center, the physician or other
30health care professional who undertakes the pediatric care of
31the newborn or infant shall ensure that the hearing screening
32is performed within three months of the date of the newborn’s
33or infant’s birth
 a time frame consistent with the time frame
34required by rule to comply with the screening for congenital
35cytomegalovirus pursuant to section 136A.5B
. The physician or
-4-1other health care professional shall report the results of the
2hearing screening to the parent or guardian of the newborn or
3infant, to the primary care provider of the newborn or infant,
4and to the department in a manner prescribed by rule of the
5department.
6   Sec. 3.  Section 136A.2, Code 2017, is amended by adding the
7following new subsections:
8   NEW SUBSECTION.  1A.  “Birth center” means birth center as
9defined in section 135.61.
10   NEW SUBSECTION.  1B.  “Birthing hospital” means a private
11or public hospital licensed pursuant to chapter 135B that has
12a licensed obstetric unit or is licensed to provide obstetric
13services.
14   NEW SUBSECTION.  7A.  “Primary care provider” means a health
15care provider who undertakes primary pediatric care of a
16newborn delivered in a location other than a birthing hospital
17or birth center.
18   Sec. 4.  ADOPTION OF RULES.  The rules adopted by the
19department of public health pursuant to section 136A.8 as
20directed in this Act shall include all of the following:
   211.  Protocols for the saliva screening for congenital
22cytomegalovirus.
   23a.  The protocols shall ensure that if the newborn is
24delivered in a birthing hospital or birth center, any
25saliva specimen required for the screening is collected
26within twenty-four hours of the newborn’s birth, and that an
27appropriate lab receives and processes the specimen and reports
28the results of the processing to the birthing hospital, birth
29center, or attending health care provider within twenty-four
30hours of receipt of the specimen by the lab.
   31b.  The protocols shall ensure that if the newborn is
32delivered in a location other than a birthing hospital or
33birth center, the saliva specimen required for screening is
34collected, and the appropriate lab receives and processes the
35specimen and reports the results of the processing to the
-5-1primary care provider within the time frame specified by rule.
   22.  Protocols for determining whether a birthing hospital, a
3birth center, an attending health care provider, or a primary
4care provider is responsible for completion of the congenital
5cytomegalovirus screening process for a newborn, depending upon
6the circumstances of the birth.
   73.  The specific obligations of the birthing hospital,
8birth center, attending health care provider, primary care
9provider, lab, and other persons involved in the congenital
10cytomegalovirus screening process.
   114.  Provisions related to the sharing by the department of
12congenital cytomegalovirus screening results information with
13agencies and persons involved with newborn and infant hearing
14screenings, follow-up services, and intervention services to
15protect the confidentiality of the individuals involved.
16   Sec. 5.  CYTOMEGALOVIRUS EDUCATION PROGRAM GRANT —
17APPROPRIATION.
  There is appropriated from the general fund of
18the state to the department of public health for the fiscal
19year beginning July 1, 2017, and ending June 30, 2018, the
20following amount or so much thereof as is necessary for the
21purpose designated:
   22For a grant awarded through a request for proposals process
23to an Iowa-based nonprofit prenatal education program to assist
24maternal health care providers in educating women who may
25become pregnant, expectant parents, and parents of infants
26about the strategies to prevent, the risks presented by, and
27the minimization of the effects of congenital cytomegalovirus:
..................................................  $28100,000
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
   32This bill creates a cytomegalovirus public health initiative
33including congenital cytomegalovirus (CMV) screening
34requirements and a public education and awareness program.
   35The bill requires a birthing hospital, birth center, or
-6-1attending health care provider to ensure that the parent of
2every newborn under the birthing hospital’s, birth center’s,
3or attending health care provider’s care receives information
4regarding congenital CMV, including the symptoms of and
5birth defects caused by congenital CMV, the opportunity for
6screening prior to and after being discharged from the birthing
7hospital’s, birth center’s, or attending health care provider’s
8care; and follow-up measures to detect and treat congenital
9CMV.
   10The bill requires a birthing hospital, birth center, or
11attending health care provider to ensure that every newborn
12delivered in a birthing hospital or birth center who fails the
13initial newborn hearing screening receives a congenital CMV
14saliva screening and that the parent of the newborn receives
15the results of the screening prior to being discharged from
16the birthing hospital’s, birth center’s, or attending health
17care provider’s care. The bill requires similar duties of a
18primary care provider who undertakes primary pediatric care
19of a newborn delivered in a location other than a birthing
20hospital or birth center. If the results of the congenital
21CMV screening are positive, the parent of the newborn shall
22be provided with information regarding options for minimizing
23the effects of congenital CMV and the early follow-up and
24intervention options, treatment, and resources available for
25the newborn. If the results of the congenital CMV screening
26are negative, the parent is to be provided with information
27regarding follow-up program resources to confirm whether the
28newborn has hearing loss and to provide for early intervention.
   29The bill provides that the required congenital CMV saliva
30screening does not apply if a parent objects to the screening.
31If a parent objects to the screening of a newborn, the birthing
32hospital, birth center, attending health care provider,
33or primary care provider shall document the refusal in the
34newborn’s medical record and shall obtain a written refusal
35from the parent and report the refusal to the department of
-7-1public health.
   2Under the bill, the results of a congenital CMV screening
3shall be reported in a manner consistent with the reporting
4of the results of metabolic screenings and in accordance with
5rules adopted by the center for congenital and inherited
6disorders with the assistance of the department of public
7health. The bill is also to be administered in accordance with
8those rules.
   9The bill also requires the center for congenital and
10inherited disorders, in collaboration with state and local
11health agencies and other public and private organizations,
12to develop and publish or approve and publish informational
13materials to educate and raise awareness of CMV and congenital
14CMV among women who may become pregnant, expectant parents,
15parents of infants, birthing hospitals, birth centers,
16attending health care providers, primary care providers, and
17others, as appropriate. An attending health care provider is
18required to provide the informational materials to a pregnant
19woman during the first trimester of the pregnancy, and the
20center for congenital and inherited disorders is required to
21make the informational materials available to attending health
22care providers upon request. The department of public health
23is required to publish the informational materials on its
24internet site.
   25The bill provides that the rules adopted under the bill shall
26include protocols for the saliva screening for congenital CMV,
27depending upon the location of the delivery of the newborn.
28The protocols are also to determine whether a birthing
29hospital, a birth center, an attending health care provider,
30or a primary care provider is responsible for completion of
31the congenital CMV screening of a newborn depending upon the
32circumstances of the birth as well as the specific obligations
33of the birthing hospital, birth center, attending health
34care provider, primary care provider, lab, and other persons
35involved in the congenital CMV screening process.
-8-
   1The bill makes conforming changes to the universal newborn
2and infant hearing screening section of the Code.
   3The bill appropriates $100,000 from the general fund of the
4state to the department of public health for FY 2017-2018 for a
5grant to an Iowa-based nonprofit prenatal education program to
6assist maternal health care providers in educating women who
7may become pregnant, expectant parents, and parents of infants
8about the risks of, strategies to prevent, and minimization of
9the effects of congenital cytomegalovirus.
-9-
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