My
comments in
Bold
HDW. This is only one law,
what others might there be?

 

3701.501 Newborns screened for genetic, endocrine, and metabolic
disorders.

(A)(1)
Except as provided in division (A)(2) of this section, all newborn
children shall be screened for the presence of the genetic, endocrine,
and metabolic disorders specified in rules, adopted pursuant to this
section.

(2) Division (A)(1) of this section does not apply if the parents of the
child object thereto on the grounds that the screening conflicts with
their religious tenets and practices.

(B) There
is hereby created the newborn
screening advisory council
Unelected and unaccountable
to the people to advise the director of health
regarding the screening of newborn children for genetic, endocrine, and
metabolic disorders. The council shall engage in an ongoing review of
the newborn screening requirements established under this section and
shall provide recommendations and reports to the director as the
director requests and as the council considers necessary. The director
may assign other duties to the council, as the director considers
appropriate.
Once established (1996)
this authority can change any and all provision without prior consent of
the statehouse

The
council shall consist of fourteen members appointed by the director
This
basically gives the “Director” unilateral control of this law.
In making appointments, the director shall select individuals and
representatives of entities with interest and expertise in newborn
screening, including such individuals and entities as health care
professionals, hospitals, children’s hospitals, regional genetic
centers, regional sickle cell centers, newborn screening coordinators,
and members of the public
Damn near anybody.

The
department of health shall provide meeting space, staff services, and
other technical assistance required by the council in carrying out its
duties. Members of the council shall serve without compensation, but
shall be reimbursed for their actual and necessary expenses incurred in
attending meetings of the council or performing assignments for the
council.

The
council is not subject to sections

101.82 to 101.87 of the Revised Code.
This is the Sunset
provision,

(C)(1)
The director of health shall adopt rules in accordance with

Chapter 119. of the Revised Code specifying the disorders for which
each newborn child must be screened.

(2) The
newborn screening advisory council
appoint by the “Director”
shall evaluate genetic, metabolic, and endocrine
disorders to assist the director in determining which disorders should
be included in the screenings required under this section. In
determining whether a disorder should be included, the council shall
consider all of the following:

(a) The
disorder’s incidence, mortality, and morbidity;

(b)
Whether the disorder causes disability if diagnosis, treatment, and
early intervention are delayed;

(c) The
potential for successful treatment of the disorder;

(d) The
expected benefits to children and society in relation to the risks and
costs associated with screening for the disorder;

(e)
Whether a screening for the disorder can be conducted without taking an
additional blood sample or specimen.

(3) Based
on the considerations specified in division (C)(2) of this section, the
council shall make recommendations to the director of health for the
adoption of rules under division (C)(1) of this section. The director
shall promptly and thoroughly review each recommendation the council
submits.

(D) The
director shall adopt rules in accordance with Chapter 119. of the
Revised Code establishing standards and procedures for the screenings
required by this section. The rules shall include standards and
procedures for all of the following:

(1)
Causing rescreenings to be performed when initial screenings have
abnormal results;

(2)
Designating the person or persons who will be responsible for causing
screenings and rescreenings to be performed;

(3)
Giving to the parents of a child notice of the required initial
screening and the possibility that rescreenings may be necessary;

(4)
Communicating to the parents of a child the results of the child’s
screening and any rescreenings that are performed;

(5)
Giving notice of the results of an initial screening and any
rescreenings to the person who caused the child to be screened or
rescreened, or to another person or government entity when the person
who caused the child to be screened or rescreened cannot be contacted;

(6)
Referring children who receive abnormal screening or rescreening results
to providers of follow-up services, including the services made
available through funds disbursed under division (F) of this section.

(E)(1)
Except as provided in divisions (E)(2) and (3) of this section, all
newborn screenings required by this section shall be performed by the
public health laboratory authorized under section 3701.22 of the Revised
Code.

(2) If
the director determines that the public health laboratory is unable to
perform screenings for all of the disorders specified in the rules
adopted under division (C) of this section, the director shall select
another laboratory to perform the screenings. The director shall select
the laboratory by issuing a request for proposals. The director may
accept proposals submitted by laboratories located outside this state.
At the conclusion of the selection process, the director shall enter
into a written contract with the selected laboratory. If the director
determines that the laboratory is not complying with the terms of the
contract, the director shall immediately terminate the contract and
another laboratory shall be selected and contracted with in the same
manner.

(3) Any
rescreening caused to be performed pursuant to this section may be
performed by the public health laboratory or one or more other
laboratories designated by the director. Any laboratory the director
considers qualified to perform rescreenings may be designated, including
a laboratory located outside this state. If more than one laboratory is
designated, the person responsible for causing a rescreening to be
performed is also responsible for selecting the laboratory to be used.

(F)(1)
The director shall adopt rules in accordance with Chapter 119. of the
Revised Code establishing a fee that
shall be charged and collected in addition to or in
conjunction with any laboratory fee that is charged and collected for
performing the screenings required by this section. The fee, which shall
be not less than fourteen dollars,
shall be disbursed as follows:

(a) Not
less than ten dollars and twenty-five
cents shall be deposited in the state treasury to the credit
of the genetics services fund, which is hereby created. Not less than
seven dollars and twenty-five cents
of each fee credited to the genetics services fund shall be used to
defray the costs of the programs authorized by section 3701.502 of the
Revised Code. Not less than three dollars from each fee credited to the
genetics services fund shall be used to defray costs of phenylketonuria
programs.

(b) Not
less than three dollars and
seventy-five cents shall be deposited into the state treasury to the
credit of the sickle cell fund, which is hereby created.
Money credited to the sickle cell fund shall be used to defray costs of
programs authorized by section 3701.131 of the Revised Code.

(2) In
adopting rules under division (F)(1) of this section, the director shall
not establish a fee that differs according to whether a screening is
performed by the public health laboratory or by another laboratory
selected by the director pursuant to division (E)(2) of this section.

Effective
Date: w:st="on" ls="trans" month="2" day="12"
year="2004">02-12-2004