36-694. Report of blood tests; newborn
screening program; committee; fee; definitions


A. When a birth or stillbirth is reported, the attending physician or other person
required to make a report of the birth shall state on the certificate whether a blood
test for syphilis was made on a specimen of blood taken from the woman who bore the child
or from the umbilical cord at delivery, as required by section 36-693, and the
approximate date when the specimen was taken.


B. When a birth is reported the attending physician or person who is required to
make a report on the birth shall order or cause to be ordered tests for certain
congenital disorders. The results of tests for these disorders must be reported to the
department of health services. The department of health services shall specify in rule
the disorders, the process for collecting and submitting specimens and the reporting
requirements for test results.


C. When a hearing test is performed on a newborn, the initial hearing test results
and any subsequent hearing test results must be reported to the department of health
services as prescribed by department rules.


D. The director of the department of health services shall establish a newborn
screening program within the department to ensure that the testing for congenital
disorders and the reporting of hearing test results required by this section are
conducted in an effective and efficient manner. The newborn screening program shall
include an education program for the general public, the medical community, parents and
professional groups. The director shall designate the state laboratory as the only
testing facility for the program.


E. The newborn screening program shall establish and maintain a central database of
newborns and infants who are tested for hearing loss and congenital disorders that
includes information required in rule. Test results are confidential subject to the
disclosure provisions of sections 12-2801 and 12-2802.


F. If tests conducted pursuant to this section indicate that a newborn or infant
may have a hearing loss or a congenital disorder, the screening program shall provide
follow-up services to encourage the child's family to access evaluation services,
specialty care and early intervention services.


G. The director shall establish a committee to provide recommendations and advice
to the department on at least an annual basis regarding tests that the committee believes
should be included in the newborn screening program. Any recommendation by the committee
that a test be added to the newborn screening program shall be accompanied by a
cost-benefit analysis.


H. The committee shall include the following members who are appointed by the
director and who serve without compensation or reimbursement of expenses at the pleasure
of the director:


1. Seven physicians who are licensed pursuant to title 32, chapter 13 or 17 and who
represent the medical specialties of endocrinology, pediatrics, neonatology, family
practice, otology and obstetrics.


2. A neonatal nurse practitioner who is licensed and certified pursuant to title
32, chapter 15.


3. An audiologist who is licensed pursuant to chapter 17, article 4 of this title.


4. A representative of an agency that provides services under part C of the
individuals with disabilities education act.


5. At least one parent of a child with a hearing loss or a congenital disorder.


6. A representative from the insurance industry familiar with health care
reimbursement issues.


7. The director of the Arizona health care cost containment system or the
director's designee.


8. A representative of the hospital or health care industry.


I. The director may establish by rule a fee that the department may collect for
operation of the newborn screening program, including contracting for the testing
pursuant to this section. The fee for the first specimen and hearing test shall not
exceed thirty dollars. The fee for the second specimen and hearing test shall not exceed
forty dollars.


J. For the purposes of this section:


1. "Infant" means a child who is twenty-nine days of age to two years of age.


2. "Newborn" means a child who is not more than twenty-eight days of age.