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N.Y. Pub. Health Law § 2500-a

Test for phenylketonuria and other diseases and conditions

Redline — January 1, 2015 → current.View current text →
Current — January 1, 2024
As of January 1, 2015
§ 2500-a. Test for phenylketonuria and other diseases and conditions.\n(a) It shall be the duty of the administrative officer or other person\nin charge of each institution caring for infants twenty-eight days or\nless of age and the person required in pursuance of the provisions of\nsection forty-one hundred thirty of this chapter to register the birth\nof a child, to cause to have administered to every such infant or child\nin its or his care a test for phenylketonuria, homozygous sickle cell\ndisease, hypothyroidism, branched-chain ketonuria, galactosemia,\nhomocystinuria, critical congenital heart defects through pulse oximetry\nscreening, and such other diseases and conditions as may from time to\ntime be designated by the commissioner in accordance with rules or\nregulations prescribed by the commissioner. Testing, the recording of\nthe results of such tests, tracking, follow-up reviews and educational\nactivities shall be performed at such times and in such manner as may be\nprescribed by the commissioner. The commissioner shall promulgate\nregulations setting forth the manner in which information describing the\npurposes of the requirements of this section shall be disseminated to\nparents or a guardian of the infant tested.\n (b) The provisions of this section shall not apply in the case of any\ninfant or child whose parent or guardian is a member of a recognized\nreligious organization whose teachings and tenets are contrary to the\ntesting herein required and who notifies the person charged with having\nsuch test administered of his objection thereto.\n (c) By regulation, the commissioner shall add adrenoleukodystrophy\n("ALD") to the list of diseases and conditions for which testing shall\nbe performed pursuant to subdivision (a) of this section upon validation\nby the Wadsworth Center of a test for ALD. The Wadsworth Center shall\nundertake the process for validation upon the development of a test.\nThis subdivision shall be known and may be cited as "Aidan's Law."\n
§ 2500-a. Test for phenylketonuria and other diseases and conditions.\n1. It shall be the duty of the administrative officer or other person in\ncharge of each institution caring for infants twenty-eight days or less\nof age and the person required in pursuance of the provisions of section\nforty-one hundred thirty of this chapter to register the birth of a\nchild, to cause to have administered to every such infant or child in\nits or his care a test for diseases and conditions designated by the\ncommissioner under regulations of the commissioner, and for:\n (a) Phenylketonuria.\n (b) Homozygous sickle cell disease.\n (c) Hypothyroidism.\n (d) Branched-chain ketonuria.\n (e) Galactosemia.\n (f) Homocystinuria.\n (g) Critical congenital heart defects through pulse oximetry\nscreening.\n (h) With regard to any newborn infant who is identified as, or\nsuspected of, having a hearing impairment as a result of a screening\nconducted pursuant to section twenty-five hundred-g of this title, a\nurine polymerase chain reaction (PCR) test for cytomegalovirus, unless\nthe parent of the infant objects thereto; provided that if the\ncommissioner determines that another test for cytomegalovirus is\ndiagnostically equivalent to or better than the urine polymerase chain\nreaction test, the commissioner may, by regulation under this section,\nallow or require the use of that other test.\n (i) Adrenoleukodystrophy.\n (j) Glucose-6-phosphate dehydrogenase deficiency using a quantitative\nenzymatic test or other diagnostic test in cases where: the newborn\ninfant presents with hemolytic anemia, hemolytic jaundice, or\nearly-onset increasing neonatal jaundice, that is, jaundice (bilirubin\nlevel greater than fortieth percentile for age in hours) persisting\nbeyond the day of birth through the week after birth; the newborn infant\nhas been admitted to the hospital for jaundice following birth; or the\nbiological parent of the newborn infant indicates a family, racial, or\nethnic risk of glucose-6-phosphate dehydrogenase deficiency, including\nhaving significant African, Asian, Mediterranean, or Middle Eastern\nancestry.\n (k) Duchenne muscular dystrophy using a test validated by the\nWadsworth center for laboratories and research.\n 2. Testing, the recording of the results of such tests, tracking,\nfollow-up reviews and educational activities shall be performed at such\ntimes and in such manner as may be prescribed by the commissioner. The\ncommissioner shall promulgate regulations setting forth the manner in\nwhich information describing the purposes of the requirements of this\nsection shall be disseminated to parents or a guardian of the infant\ntested.\n 3. The provisions of this section shall not apply in the case of any\ninfant or child whose parent or guardian is a member of a recognized\nreligious organization whose teachings and tenets are contrary to the\ntesting herein required and who notifies the person charged with having\nsuch test administered of his objection thereto.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.