State of Wyoming

 

 

 

The Great Seal of Wyoming

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Department of Health

Community and Rural Health Division

Maternal and Family Health Section

 

 

Rules and Regulations for Mandatory Screening of Newborn Infants for Inborn Errors of Metabolism and Hearing

 

 

Brent D. Sherard, M.D., M.P.H.

Director and State Health Officer

 

 

 

 

February 2007

 

 

 

 

State of Wyoming

Department of Health

 

 

 

 

 

Rules and Regulations for Mandatory Screening of Newborn Infants for Inborn Errors of Metabolism and Hearing

 

 

 

 

Rules and Regulations for Mandatory Screening of Newborn Infants for Inborn Errors of Metabolism and Hearing

Community and Rural Health Division

Maternal and Family Health Section

 

 

 

 

 

Additional information and copies may be obtained from:

Community and Rural Health Division

Maternal and Family Health Section

6101 N. Yellowstone Rd., Ste. 420, Cheyenne, WY 82002

Telephone:  (307) 777-7941

 Facsimile:  (307) 777-7215

E-Mail Address: csh@state.wy.uscshinfo@health.wyo.gov

 

 

 

 

 

This document is available in alternative format upon request.


Mandatory Screening of Newborn Infants for Inborn Errors of Metabolism and Hearing

 

Intent to Adopt

 

Statement of Reasons

 

     The following rules consist of Chapters 1, Mandatory Screening of Newborn Infants for Inborn Errors of Metabolism, and Chapter 2, Mandatory Screening of Newborn Infants for Inborn Errors of Hearing which replace existing Chapter 1, Mandatory Screening of Newborn Infants for Inborn Errors of Metabolism.  The purpose of these Rrules is to comply with Enrolled Act 9182, Senate File # 003786, which provides for mandatory screening for detection of metabolic diseases and hearing defects in newborn children.  These Rrules are authorized by W.S. 35-4-801 and W.S. 35-4-802, as amended.

 

     The Wyoming Department of Health proposes to adopt the following Amended Rule to comply with the provisions of W.S. 35-4-801, Chapters 1 and 2.  Wyoming Statute 35-4-801 states Screening required for detection of metabolic diseases and hearing defects in newborn children; conduct of screening; exceptions; fees.  The Wyoming Department of Health, Wyoming Newborn Metabolic Screening Program, is authorized to make any changes necessary to continue to meet the healthcare needs of Wyoming newborn infants. 

 

     The Wyoming Department of Health is amending these Rules due to the assessments of fees payable to the Wyoming Newborn Metabolic Screening Program, approved by legislation, which will cover the reasonable costs of metabolic and hearing screenings required by this statute.  The Wyoming Newborn Metabolic Screening Program recommended these fees begin August 1, 2007.  This change will impact both budgets, promoting greater utilization of the metabolic and hearing programs.

 

     The Rules will modify the procedure and assure the newborn hearing and metabolic screening programs remain sustainable by allowing for fees to be charged for these services.  The fee assessed for the hearing screening will be separate from the fee for the metabolic screening.

 

     As required by W.S. 35-4-801 (d)16-3-103(a)(i)(G), the changes to W.S. 35-4-801 and W.S. 35-4-802,  Mandatory Screening of Newborn Infants for Inborn Errors of Metabolism and Hearing Rules and Regulations for Wyoming Department of Health meet minimum substantive state statutory requirements.

 


Mandatory Screening of Newborn Infants for Inborn Errors of Metabolism and Hearing

 

CHAPTER 1

 

 

Section 1.

 

Authority

1-1

 

Section 2.

 

Purpose and Applicability

1-1

 

Section 3.

 

General Provisions

1-1

 

Section 24.

Definitions

1-1

 

Section 35.

Consent for Screening

1-12

 

Section 46.

Blood Collection

1-2

 

Section 57.

Second Test

1-2

 

Section 68.

 

Fees

 

1-3

 

CHAPTER 2

 

 

Section 1.

 

Hearing ScreeningAuthority

 

2-1

 

Section 2.

 

Purpose and Applicability

 

2-1

 

Section 3.

 

General Provisions

 

2-1

 

Section 4.

 

Hearing Screening

 

2-1

 

Section 25.

 

Chronology of Newborn Hearing Screening

 

2-2

 

Section 36.

 

Rescreening

 

2-2

 

Section 47.

 

Method of Screening

 

2-2

 

Section 58.

 

Criteria to Pass Hearing Screening

 

2-23

 

Section 69.

 

Consent for Newborn Hearing Screening

 

2-3

 

Section 710.

 

Fees

 

2-3

 

 


MANDATORY SCREENING OF NEWBORN INFANTS FOR INBORN ERRORS OF METABOLISM

 

CHAPTER 1

 

 

        Section 1.         Authority.  The statutory authority for these regulations is contained in W.S. 35-4-801 and 35-4-802.  The Statute and Regulations are administered by the Wyoming Department of Health.

 

        Section 2.         Purpose and Applicability.

 

(a)         This chapter defines the process for the mandatory newborn metabolic screening for infants.

 

        (b)         The Department may issue materials to providers and/or other affected parties to interpret the provisions of this Chapter.  Such materials shall be consistent with and reflect the rules and regulations contained within this Chapter.  The provisions contained in the materials shall be subordinate to the provisions of this Chapter.

 

        Section 3.         General Provisions.  Except as otherwise specified, the terminology used in this Chapter is the standard terminology and has the standard meaning used in accounting and healthcare, including newborn metabolic and hearing screening.

 

        Section 24.        Definitions.  The following definitions shall apply in the interpretation and enforcement of these Rules.  Where the context in which words are used in these rules indicates that such is the intent, words in singular number shall include the plural and vice versa.  Specific genetic and metabolic tests to be done in Wyoming as by the committee designated in W.S. 35-4-801, Section (b), are as follows:

 

        (a)         “Phenylketonuria (PKU).”  Genetic metabolic disorder characterized by abnormal phenylalanine metabolism determined.

 

        (b)         “Hypothyroidism.”  Metabolic disorder caused by inadequate production or secretion of thyroid hormone.

 

        (c)         “Galactosemia.”  Genetic metabolic disorder characterized by abnormal galactose metabolism.

 

        (d)         “Hemoglobinopathies.”  Group of genetic diseases including sickle cell anemia, characterized by the abnormal production and function of hemoglobin.

 

        (e)         “Cystic Fibrosis.”  Genetic disorder characterized by dysfunction of one or more exocrine systems.

 

        (f)         “Biotinidase Deficiency.”  Genetic metabolic disorder characterized by abnormal biotinidase production.

 

        (g)         Any other genetic metabolic disease for which testing may hereinafter be required on the basis of action taken by the designated committee.

 

        Section 35.       Consent for Screening.  Consent for screening can be from natural parents, either custodial parent, a sole guardian, single parent having custody, orprospective adoptive parents or parent of whom the child’s custody has been released. No test shall be performed until the written consent of the natural parents, orthe custodial parent, orthe guardian, or the adoptive parents is obtained. If any parent or guardian objects to the mandatory testing for a child, then his the objection shall be in written form and the child isexempt from such testing.

 

        Section 46.       Blood Collection.

 

        (a)         The optimal timing for newborn screening in full-term healthy infants is between 48 and 72 hours of age.  In early discharge, the blood should be collected as late as possible before discharge, but no later than 72 hours of age.

 

        (b)         Any newborn infants requiring exchange transfusions shall have the blood sample for these tests taken prior to the exchange transfusion.

 

        (c)         If the child is not born in a hospital, the attending physician, midwife, or person attending the delivery shall arrange to have the blood sample taken by a physician, hospital personnel, laboratory personnel, or local public health representative.

 

        (d)         If the child is to be transferred to another hospital, the transferring hospital shall conduct the newborn screen prior to discharge, or make arrangements with the receiving hospital to conduct the screen.

 

        (e)         Collection forms provided by the Department of Health shall be completed for each blood sample. Each sample shall be sent to the regional laboratory within 24 hours from the time that the sample was collected.

 

        (f)         Hospitals will record numbers of births and numbers of infants screened. The hospital record will include the number of infants not screened and the reason why the screening was not performed. Reports will be made to the Department of Health on request, not less than once yearly.

 

        (g)         The Department of Health will provide information brochures and consent forms on request.

 

        Section 57.       Second Test.  If the initial screen was conducted prior to 24 hours of age, a second (or follow-up) blood sample should be collected when the infant is approximately ten (10) days to two (2) weeks of age, and may be collected at a hospital laboratory, physician’s office, or local public health facility.

 

        Section 68.       Fees.  The Wyoming Department of Health will assess all hospitals a fee of $70.00 for the initial newborn metabolic screen.  Said amount is assessed to cover the costs of metabolic screening, follow-up care, genetic counseling, and educational programs and functions.  The fees collected also cover costs associated with handling of specimens, reimbursement of laboratory costs, and costs of providing other services necessary to maintain functionality and sustainability of this self-funded program.  The Wyoming Department of Health, in consultation with the designated committee, may increase the above assessment, if it is determined that the costs of the program necessitate such increase, but in no instance may this fee be increased more than ten percent (10%).

 


MANDATORY SCREENING OF NEWBORN INFANTS FOR INBORN ERRORS OF HEARING

 

CHAPTER 2

 

        Section 1.         Authority.  The statutory authority for these regulations is contained in W.S. 35-4­801 and 35-4-802.  The Statute and Regulations are administered by the Wyoming Department of Health.

 

        Section 2.         Purpose and Applicability.

 

        (a)         This Chapter defines the process for the mandatory newborn hearing screening for infants.

 

        (b)         The Department may issue materials to providers and/or other affected parties to interpret the provisions of this Chapter.  Such materials shall be consistent with and reflect the rules and regulations contained within this Chapter.  The provisions contained in the materials shall be subordinate to the provisions of this Chapter.

 

        Section 3.         General Provisions.  Except as otherwise specified, the terminology used in this Chapter is the standard terminology and has the standard meaning used in accounting and healthcare, including newborn metabolic and hearing screening.

 

        Section 14.       Hearing Screening.

 

(a)               Hearing screening shall be given to every child born in the State of Wyoming.

 

        (b)         If the child is not born in a hospital, the attending physician, midwife, or person attending the delivers shall offer to arrange a hearing screening for the child at a Wyoming birthing hospital.

 

        (c)         If a newborn is transferred to another Wyoming birthing hospital, the hospital that discharges the child shall be responsible for iensuring that the hearing screening takes place.  If a Wyoming resident newborn is transferred to a hospital outside if Wyoming, the discharging Wyoming hospital shall iensure that hearing screening takes place either prior to discharge or upon the infant’s return to Wyoming.

 

        (d)         Newborn hearing screening and/or re-screenings may be delayed due to transfers and/or medical contraindications.  The hospital must document the delays, and iensure hearing screening has taken place prior to ultimate discharge.

 

        (e)         All screening results shall be reported at least monthly to the State Wyoming Department of Health and be reviewed by a State approved audiology consultant.  The reported data shall include.:

 

(i)          total number of births;

 

(ii)         the number of newborns initially screened before discharge;

 

(iii)        the number of newborns rescreened upon returning to the hospital;

 

(iv)        the pass-fail results of all screenings;

 

(v)         the number of newborns not screened due to parental/legal guardian waiver, medical contraindications, or lost to follow-up; and

 

(vi)        any other screening results deemed as useful by the State Wyoming Department of Health.

 

        (e)         Each birthing hospital shall establish a system to facilitate the referral for diagnostic audiological assessment for neonates who fail the newborn hearing screening.  This includes, but is not limited to:          

 

(i)                 Written notification to the primary care physician that the child has failed the newborn hearing screening and that diagnostic audiological assessment is recommended;

 

and

 

(ii)         Written notification to the parent(s)/legal guardian(s) that the child has failed the newborn hearing screening, that diagnostic audiological assessment is recommended, and that the primary care physician has been notified.

 

        Section 25.        Chronology of Newborn Hearing Screening.

 

        (a)         Each newborn’s hearing shall be screened before discharge from the hospital.

 

        (b)         If a newborn fails the first screening, the screening procedure shall be

immediately repeated before discharge from the hospital.

 

        Section 36.        Rescreening.

 

        (a)          Each newborn failing both initial screen(s) will be rescreened within seven (7) to ten (10) days of the initial screen(s).

 

        Section 47.        Method of Screening.

 

        (a)         Newborn screening and the documentation and dissemination of screening results shall be done by trained personnel, under the supervision of a State approved audiology consultant.  Training procedure information will be audiologically approved and accepted.

 

        (b)         All screenings shall involve both ears.

 

        (c)         Birthing hospitals shall use one of the following screening methods:

 

              (i)          Auditory Brainstem Responses (ABR);

 

              (ii)         Automated Auditory Brainstem Responses (AABR); or

 

              (iii)        Otoacoustic Emissions (OAE), either Transient Evoked OAE (TEOAE) or

Distortion pProduct OAE (DPOAE).

 

        (d)         Instrumentation, electrode array, and transducer arrangements shall be in accordance with recommendations/specifications from the manufacturer of the screening device.

 

        Section 58.        Criteria to Pass Hearing Screening.

 

        (a)         Normal ABR for click stimuli at 35 dBnHL (decibels of normal hearing levels) or less in each ear; or

 

        (b)           Normal TEOAE for click stimulus at 84 dBSPL (decibels of sound pressure levels)

 presentation level or less in each ear; or

 

        (c)           Normal DPOAE for 1500-6000 Hz (hertz) stimuli at 65-55 dBSPL or less in each ear.

 

        Section 69.        Consent for Newborn Hearing Screening.

 

        (a)           Parental/legal guardian consent for screening shall be obtained pursuant to rules and regulations outlined in Section 3, Chapter 1, Rules and Regulations of for Mandatory Screening of Newborn Infants for Inborn Errors of Metabolism.

 

        Section 10.        Fees.  The Wyoming Department of Health will assess all hospitals a fee of $50.00 for the initial newborn hearing screen.  Said amount is assessed to cover the costs of hearing screening, follow-up care, and referrals when the initial screen detects a potential abnormality, screening equipment costs and educational programs and training.  The assessed fees will only be used to provide the services necessary to maintain functionality and sustainability of the Early Hearing Detection and Intervention Program, which is a self-funded program.  The Wyoming Department of Health, in consultation with the designated committee, may increase the above assessment, if it is determined that the costs of the program necessitate such increase, but in no instance may this fee be increased more than ten percent (10%).