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Sub. S. B. No. 4 As Enrolled
(130th General Assembly)
(Substitute Senate Bill Number 4)
To enact section 3701.5010 of the Revised Code to
require a critical congenital heart defects
screening for each newborn born in a hospital or
freestanding birthing center.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That section 3701.5010 of the Revised Code be
enacted to read as follows:
Sec. 3701.5010. (A) As used in this section:
(1) "Critical congenital heart defects screening" means the
identification of a newborn that may have a critical congenital
heart defect, through the use of a physiologic test.
(2) "Freestanding birthing center" has the same meaning as in
section 3702.141 of the Revised Code.
(3) "Hospital," "maternity unit," "newborn," and "physician"
have the same meanings as in section 3701.503 of the Revised Code.
(4) "Pulse oximetry" means a noninvasive test that estimates
the percentage of hemoglobin in blood that is saturated with
(B) Except as provided in division (C) of this section, each
hospital and each freestanding birthing center shall conduct a
critical congenital heart defects screening on each newborn born
in the hospital or center, unless the newborn is being transferred
to another hospital. The screening shall be performed before
discharge. If the newborn is transferred to another hospital, that
hospital shall conduct the screening when determined to be
medically appropriate. The hospital or center shall promptly
notify the newborn's parent, guardian, or custodian and attending
physician of the screening results.
(C) A hospital or freestanding birthing center shall not
conduct a critical congenital heart defects screening if the
newborn's parent objects on the grounds that the screening
conflicts with the parent's religious tenets and practices.
(D)(1) The director of health shall adopt rules in accordance
with Chapter 119. of the Revised Code establishing standards and
procedures for the screening required by this section, including
all of the following:
(a) Designating the person or persons responsible for causing
the screening to be performed;
(b) Specifying screening equipment and methods;
(c) Identifying when the screening should be performed;
(d) Providing notice of the required screening to the
newborn's parent, guardian, or custodian;
(e) Communicating screening results to the newborn's parent,
guardian, or custodian and attending physician;
(f) Reporting screening results to the department of health;
(g) Referring newborns that receive abnormal screening
results to providers of follow-up services.
(2) In adopting rules under division (D)(1)(b) of this
section, the director shall specify screening equipment and
methods that include the use of pulse oximetry or other screening
equipment and methods that detect critical congenital heart
defects at least as accurately as pulse oximetry. The screening
equipment and methods specified shall be consistent with
recommendations issued by nationally recognized organizations that
advocate on behalf of medical professionals or individuals with