Administrative Rule Review Report  #AR08-020

Legislative Service Office

27-Feb-08

AGENCY: Department of Health.

DATE SUBMITTED: February 27, 2008.

SUBJECT: Chapter 1, Mandatory Screening of Newborn Infants for Inborn Errors of Metabolism; and Chapter 2, Mandatory Screening of Newborn Infants for Inborn Errors of Hearing.

NATURE OF RULES:                     Legislative and procedural.

STATUTORY AUTHORITY:         W.S. 35-4-802.

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  Notice of the proposed adoption of new rules was provided by the LSO as requied by W.S. 28-9-103(d).  No comments have been received to date.

SUMMARY OF RULES:  W.S. 35-4-801 requires that every newborn infant be screened for certain metabolic diseases and for hearing defects.  The specific diseases to be screened are identified by a statutorily-established committee.  2007 Wyoming Laws, Chapter 198, added a new subsection (d) to W.S. 35-4-801, which authorizes the Department of Health to adopt rules establishing fees for the required tests.  Proceeds of the fees are continuously appropriated to the Department for the testing program.  This rule amends existing rules adopted in 2000, adds a new section to the existing screening program rules, establishing a fee of $70 to cover all costs associated with the initial newborn screenings and makes non-substantive organizational changes.  The rules provide that the fee may be increased by an amount not to exceed 10% if increasing costs require an increase.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

_______________________

Gerald W. Laska

Staff Attorney

_______________________

Dan J. Pauli

Director

GWL/