Section 22-20-3 Neonatal Testing for Certain Diseases; Rulemaking Authority.

(a) For the purposes of this section, the following terms have the following meanings: (1) COMMITTEE. The State Committee of Public Health. (2) NEWBORN SCREENING PANEL or PANEL. The list of conditions that the State of Alabama screens for as part of the Newborn Screening Program. (3) NEWBORN SCREENING PROGRAM. The Alabama Department of Public Health’s program that tests newborn children for conditions on the Newborn Screening Panel and identifies newborn children that may have those conditions. (4) RUSP. The Recommended Uniform Screening Panel recommended by the Secretary of the Department of Health and Human Services for states to screen as part of their newborn screening programs. (5) STATE LABORATORY. The Bureau of Clinical Laboratories within the Alabama Department of Public Health. (b) The administrative officer, other individuals in charge of each institution caring for newborn children 28 days old or younger, the physician attending a newborn child, or the individual attending a newborn child that was not attended by a physician shall cause to have administered to every newborn child in his or her care: (i) testing for any disease for which the newborn has a known family history and which can be diagnosed at birth; and (ii) a reliable test for conditions on the Newborn Screening Panel, including genetic, metabolic, or other heritable diseases as approved for inclusion on the Newborn Screening Panel by the committee, pursuant to Section 22-20-3.2, provided, however, that the committee shall designate only conditions that are detectable by mass screening of newborn children. Initial mass screening tests and the recording of results shall be performed by the State Laboratory as prescribed by the committee and confirmatory tests shall be undertaken by laboratory facilities as designated by the attending physician or parent. (c) No screening or confirmatory tests shall be given to any newborn child whose parent or parents object on the grounds that the screening or tests conflict with their religious tenets and practices. In the event a test is not given to a newborn child on account of objections by his or her parent or parents, then no physician, nurse, laboratory technician, individual administering tests, hospital, institution, or other health care provider shall be liable for failure to administer the test. (d) The committee shall adopt rules as necessary to provide for the care and treatment of newborn children whose tests are determined positive, including, but not limited to, advising dietary treatment for newborn children. The committee shall adopt any other rules necessary to effectuate this section, including the collection of a reasonable fee for the newborn screening program.