(2) The council, in accordance with division (B)(1) of
this | 31 |
section, shall adopt a rule establishing a fee of not less
than | 32 |
fourteen dollars for tests of newborn children
conducted
under | 33 |
section 3701.501 of the Revised Code. Of each such fee
collected | 34 |
on or after the rule's effective date, not less than ten
dollars | 35 |
and
twenty-five cents shall be deposited into the state treasury | 36 |
to
the credit of the genetics services fund, which is hereby | 37 |
created, and not less than three dollars and seventy-five cents | 38 |
shall
be
deposited into the state treasury to the credit of the | 39 |
sickle
cell fund, which is hereby created. Not less than three | 40 |
dollars from each fee
credited to the genetics services fund shall | 41 |
be used to defray
costs of phenylketonuria programs. Not less | 42 |
than seven
dollars and twenty-five
cents of each fee credited to | 43 |
the genetics services fund shall be
used to defray the costs of | 44 |
the programs authorized by section
3701.502 of the Revised Code. | 45 |
Money credited to the sickle cell
fund shall be used to defray | 46 |
costs of programs authorized by
section 3701.131 of the Revised | 47 |
Code. | 48 |
(1) "CLIA certified laboratory" means a laboratory that has | 51 |
a valid certificate to perform examination of materials derived | 52 |
from the human body for the purpose of providing information for | 53 |
the diagnosis, prevention, or treatment of any disease issued | 54 |
pursuant to the "Clinical Laboratories Improvement Act (CLIA)," 81 | 55 |
Stat. 536 (1967), 42 U.S.C.A. 263a, as amended.
| 56 |
(B) The public health council shall adopt
rules in | 60 |
accordance with Chapter 119. of the Revised Code for
testing | 61 |
screening of
all newborn children for the
presence of | 62 |
phenylketonuria, homocystinuria, galactosemia, and
hypothyroidism. | 63 |
The person
designated in the rules shall cause a child to be | 64 |
tested in
accordance with the rules. The rules may require tests | 65 |
for other
genetic, endocrine, or metabolic disorders
if the | 66 |
following
conditions are met.
The rules
shall identify the | 67 |
disorders for which screening must be conducted; prescribe | 68 |
laboratory methods and other procedures for the detection of those | 69 |
disorders, including procedures for rescreening and referral of | 70 |
children with abnormal screening results; and
designate the | 71 |
person responsible for causing the screening to be conducted. | 72 |
(C) All
tests
screenings and any rescreenings required by | 89 |
this section
or by
rules adopted
by
the public health council | 90 |
pursuant to this
section shall be
performed by the laboratory | 91 |
authorized by section
3701.22 of the
Revised Code
except that if | 92 |
the rules adopted by
the public
health council under this section | 93 |
provide that
retesting
of
children with abnormal test
results may | 94 |
be performed
by laboratories other than that
laboratory, retests
| 95 |
may be performed by any
laboratory approved by the director of | 96 |
health for that
purpose
or a CLIA certified laboratory. | 97 |
(2)
The rules shall also prescribe a
method for giving
notice | 102 |
of the proposed
tests
screenings and the results of the
tests | 103 |
screenings to
either the person who caused the
child to be
tested | 104 |
screened, employees designated by
the rules of the hospital
of
or | 105 |
other facility at which the
birth
occurred, a person or
government | 106 |
entity responsible for providing
medical or nursing
follow-up care | 107 |
to the child, or the health commissioner
for the
health district | 108 |
where the birth occurred, whichever is
appropriate
as determined | 109 |
by the rules.
Parental consent is not necessary
for
giving notice | 110 |
of screening results to persons or government
entities under | 111 |
division (D)(2) of this section. | 112 |
The rules also shall prescribe laboratory methods and
other | 113 |
procedures for the
detection of such genetic, endocrine, and | 114 |
metabolic disorders in
newborn children, including procedures for | 115 |
retesting
and referral
of children with abnormal test
results. | 116 |
With
regard to
tests for the
presence of
phenylketonuria, the | 117 |
laboratory methods and other procedures
prescribed in the rules | 118 |
shall include any test that the council
determines is
effective | 119 |
for use in
detecting the disorder in
children who are less than | 120 |
forty-eight hours
old. | 121 |
Sec. 3701.502.
(A) The public health council shall adopt | 127 |
rules establishing an initial fee of not less than fourteen | 128 |
dollars for screenings of newborn children conducted pursuant to | 129 |
rules adopted under section 3701.501 of the Revised Code. Whether | 130 |
paid directly to the Ohio department of health or paid to a | 131 |
hospital, free standing birthing center, or person and transmitted | 132 |
to the department, the initial fee shall be disbursed as follows: | 133 |
(1) Not less than ten dollars and twenty-five cents shall be | 134 |
deposited in the state treasury to the credit of the genetics | 135 |
services fund, which is hereby created. Not less than seven | 136 |
dollars and twenty-five cents of each fee credited to the genetics | 137 |
services fund shall be used to defray the costs of the programs | 138 |
authorized by division (C) of this section. Not less than three | 139 |
dollars from each fee credited to the genetics services fund shall | 140 |
be used to defray costs of phenylketonuria programs. | 141 |
(B)(2) Advise, consult, cooperate with, and assist, by | 161 |
contract or otherwise, agencies of this state and the federal | 162 |
government, agencies of the governments of other states, agencies | 163 |
of political subdivisions of this state, and private | 164 |
organizations, corporations, and associations in the development | 165 |
and promotion of programs pertaining to the causes, detection,
and | 166 |
treatment of genetic diseases, habilitation, rehabilitation,
and | 167 |
counseling of persons possessing the trait of or afflicted
with | 168 |
genetic disease; | 169 |
(C)(3) Accept and administer grants from the federal | 170 |
government or other sources, public or private, for carrying out | 171 |
any of the functions enumerated in divisions
(A)(C)(1) and
(B)(2) | 172 |
of this
section. All such moneys so received shall be deposited | 173 |
by the
director in the state treasury and shall be kept in a | 174 |
separate
fund by the treasurer of state. Except as otherwise | 175 |
provided in
section 3701.45 of the Revised Code, payments from the | 176 |
fund
shall be made pursuant to
vouchers approved by the director. | 177 |