Tennessee § 68-5-401 - Testing required — Public policy.

§ 68-5-401. Testing required — Public policy.

The general assembly declares that, as a matter of public policy of this state and in the interest of public health, every newborn infant shall be tested for phenylketonuria, hypothyroidism, galactosemia and other metabolic/genetic defects that would result in intellectual disability or physical dysfunction as determined by the department, through rules and regulations duly promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and that the people of this state shall be extensively informed as to the nature and effects of such defects. Every provider of prenatal care will adhere to the American College of Obstetricians and Gynecologists and the Centers for Disease Control recommendations for the prevention of Perinatal Group B Streptococcal Disease. All infants born in this state shall be tested for specific genetic, metabolic, or other heritable conditions beginning six (6) months following the occurrence of all of the following: The development of a reliable test or series of tests for screening newborns for specific genetic, metabolic, or other heritable conditions using dried blood spots or other testing and quality assurance testing methodology for such specific genetic, metabolic or the heritable conditions testing; The availability of quality assurance materials for the specific genetic, metabolic, or other heritable condition tests from the federal centers for disease control and prevention; The review and approval of the proposed test by the genetics advisory committee of the department of health; and The acquisition of necessary equipment, completion of appropriate validation tests, and hiring of any necessary staff to implement the expanded screening tests by the newborn screening laboratory and newborn screening follow-up program of the state. The department of health may charge a reasonable fee and any reasonable increase in this fee, as necessary, for the test performed pursuant to this section. The amount of the fee and the procedures for collecting the fee shall be determined by the commissioner of health. If the department levies a fee or charge for the cost of testing, it shall use the same billing and collection methods normally used by independent private laboratories. Any fee shall be waived for patients who are unable to pay. Acts 1985, ch. 333, § 1; 1991, ch. 504, § 1; 1997, ch. 312, § 1; 2011, ch. 158, § 35; 2015, ch. 436, § 2. Compiler's Notes. Acts 2015, ch. 436, § 1 provided that the act, which added (a)(3) and (4), shall be known and may be cited as the “Mabry Kate Webb Act”. Amendments. The 2011 amendment substituted “intellectual disability” for “mental retardation” in (a)(1). The 2015 amendment added (a)(3) and (4). Effective Dates. Acts 2011, ch. 158, § 46. May 5, 2011. Acts 2015, ch. 436, § 3. May 18, 2015. Cross-References. Definitions for this part, § 68-5-501 . Genetic testing, title 68, ch. 5, part 5. Phenylketonuria treatment, coverage, § 56-7-2505 . Statewide early intervention program for handicapped infants, toddlers, and their families, § 49-10-702 .