An Act To Protect Newborn Infants by Requiring Birthing Facilities To Screen for Congenital Heart Disease Using Pulse Oximetry

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  according to the United States Department of Health and Human Services' Secretary's Advisory Committee on Heritable Disorders in Newborns and Children, congenital heart disease affects 7 to 9 of every 1,000 children born in the United States and Europe; and

Whereas,  the federal Centers for Disease Control and Prevention states that congenital heart disease is the leading cause of infant deaths due to birth defects; and

Whereas,  pulse oximetry is a noninvasive test that, when performed on a newborn 24 hours after birth, is often more effective at detecting critical, life-threatening congenital heart disease than current screening methods; and

Whereas,  many newborn lives could be saved by earlier detection and treatment of congenital heart disease if birthing facilities in this State were required to perform a pulse oximetry test; and

Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Sec. 1. 22 MRSA §1534  is enacted to read:

§ 1534.  Pulse oximetry tests on newborns

A birthing facility shall screen each newborn in the care of that birthing facility for congenital heart disease using pulse oximetry no sooner than 24 hours following the birth of that newborn. The department shall adopt routine technical rules, as defined in Title 5, chapter 375, subchapter 2-A, to implement the provisions of this section.

For purposes of this section, "birthing facility" means an inpatient or ambulatory health care facility licensed by the department that provides birthing and newborn care services.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

SUMMARY

This bill requires a health care facility that provides birthing and newborn care services and is licensed by the Department of Health and Human Services to perform pulse oximetry to screen for congenital heart disease in a newborn in its care no sooner than 24 hours after the birth of that newborn.