ENROLLED
ACT No. 17
2023 Regular Session
HOUSE BILL NO. 200
BY REPRESENTATIVE LAFLEUR
1 AN ACT
2 To amend and reenact R.S. 40:1081.2(A)(1) and (5) and (B), relative to the state's newborn
3 screening panel; to require the laboratory established by the Louisiana Department
4 of Health to provide certain tests; to require the provision of a genetic conditions list;
5 to establish guidelines for the genetic conditions list; to provide for an effective date;
6 and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 40:1081.2(A)(1) and (5) and (B) are hereby amended and reenacted
9 to read as follows:
10 ยง1081.2. Tests
11 A.(1) The physician attending a newborn child, or the person attending a
12 newborn child who was not attended by a physician, shall, except as may be
13 otherwise provided in this Section, cause the child to be subjected to tests for
14 phenylketonuria, congenital hypothyroidism, sickle cell diseases, biotinidase
15 deficiency, congenital adrenal hyperplasia, carnitine uptake defect, long-chain 3-
16 hydroxyacyl-CoA dehydrogenase deficiency, medium-chain acyl-CoA
17 dehydrogenase deficiency, trifunctional protein deficiency, very long-chain acyl-
18 CoA dehydrogenase deficiency, glutaric acidemia type I, 3-hydroxy-3-
19 methylglutaryl-CoA lyase deficiency, isovaleric acidemia, 3-methylcrotonyl-CoA
20 carboxylase deficiency, methylmalonic acidemia (CBL A,B), beta ketothiolase,
21 methylmalonic acidemia (MUT), propionic acidemia, multiple carboxylase
22 deficiency, argininosuccinate acidemia, citrullinemia type I, homocystinuria, maple
23 syrup urine disease, tyrosinemia type I, mucopolysaccharidosis type I (MPS I),
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CODING: Words in struck through type are deletions from existing law; words underscored
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1 glycogen storage disorder type II (Pompe), and other all genetic or other congenital
2 conditions that have been approved listed in the rule promulgated by the Louisiana
3 Department of Health pursuant to Subsection B of this Section; however, no such
4 tests shall be given to any child whose parents or guardians object thereto. Effective
5 July 1, 2007, cystic fibrosis shall be included in the tests that the newborn child shall
6 be subject to by the physician attending the newborn child or the person attending
7 the newborn child who was not attended by a physician.
8 * * *
9 (5) The laboratory established by the Louisiana Department of Health
10 pursuant to R.S. 40:1081.1(B) shall provide testing for each condition listed in the
11 rule promulgated by the Louisiana Department of Health pursuant to Subsection B
12 of this Section; however, such The tests testing required in Paragraph (A)(1) and the
13 services and facilities required by Paragraphs (3) and (4) of this Subsection of this
14 Section shall be subject to available funding for the laboratory tests, follow-up, and
15 treatment.
16 B.(1) Pursuant to the rule adopted in accordance with the Administrative
17 Procedure Act, The the Louisiana Department of Health shall set forth a list of, after
18 consultation with medical geneticists from each of the state's medical schools and by
19 rule adopted in accordance with the Administrative Procedure Act, add to the genetic
20 or other congenital conditions for which a newborn shall be tested for in Subsection
21 A of this Section; however, no approved test for any genetic or other congenital
22 condition added shall be given to any child whose parents or guardians object
23 thereto.
24 (2) At least annually, the list shall be reviewed by the state health officer, in
25 consultation with departmental genetic disease advisory subject matter experts, to
26 determine whether additional conditions, including conditions added to the United
27 States Department of Health and Human Services' Recommended Uniform
28 Screening Panel (RUSP), should be recommended to the secretary of the department
29 for inclusion therein.
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1 (3) After adding a condition to the list by rulemaking, the Louisiana
2 Department of Health shall request a legislative appropriation for any funding
3 necessary for conducting the test and providing the services required in accordance
4 with Subsection A of this Section.
5 (4) The department shall provide an annual report to the legislature,
6 beginning March 1, 2024, of any condition added to the RUSP and the department's
7 review and determination on the condition.
8 Section 2. This Act shall become effective upon signature by the governor or, if not
9 signed by the governor, upon expiration of the time for bills to become law without signature
10 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
11 vetoed by the governor and subsequently approved by the legislature, this Act shall become
12 effective on the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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