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A00587 Summary:

SPONSORRosenthal L
COSPNSROrtiz, Zebrowski, Santabarbara, Gunther, Carroll, Galef, Niou, Dinowitz, Blake, Seawright, Solages, Jenne, Raia, D'Urso, Taylor, Norris, Bichotte
MLTSPNSRBuchwald, Englebright, Hyndman, Lupardo, McDonough, Nolan, Simon, Steck, Thiele, Walter
Amd §§2500-a & 207, Pub Health L
Requires urine polymerase chain reaction testing for cytomegalovirus of newborns with hearing impairments; and directs the department of health to establish an education program for women who may become pregnant, expectant parents and parents of infants relating to various aspects of cytomegalovirus.
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A00587 Actions:

01/09/2017referred to health
05/03/2017amend (t) and recommit to health
05/03/2017print number 587a
01/03/2018referred to health
01/08/2018amend and recommit to health
01/08/2018print number 587b
03/05/2018amend and recommit to health
03/05/2018print number 587c
03/13/2018reported referred to ways and means
05/31/2018advanced to third reading cal.974
06/04/2018passed assembly
06/04/2018delivered to senate
06/04/2018SUBSTITUTED FOR S2816B
06/04/20183RD READING CAL.1230
09/20/2018delivered to governor
10/02/2018signed chap.307
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A00587 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Rosenthal L
  TITLE OF BILL: An act to amend the public health law, in relation to the testing of certain newborns for cytomegalovirus and public education thereon   PURPOSE: This bill requires urine polymerase chain reaction testing for cytomega- lovirus of newborns with hearing impairments.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends section 2500-a of the public health law. Section two amends section 207 of the public health law by adding a new paragraph. Section three establishes the effective date.   JUSTIFICATION: Cytomegalovirus (CMV) is the most common congenital viral infection and the leading non-genetic cause of deafness in children. Although most. CMV infections are silent, meaning the majority of people who are infected with CMV have no signs or symptoms and while there are no harm- ful side effects, its effects can be devastating to a fetus. Every year, 20,000 to 40,000 infants are born with CMV and roughly 400 chil- dren die from CMV annually. Congenital CMV infection is largely unde- tected because the majority of infants are asymptomatic at birth. At least 20 percent (up to 8,000) infants have or develop permanent disa- bilities, such as hearing loss, microcephaly, intellectual deficits and vision abnormalities. While such cases are fortunately relatively rare, CMV is four times more prevalent than Zika in the U.S. and the state has spent millions to fight Zika. CMV is transmitted by contact with saliva and urine-often from diaper wearing children to adults. Pregnant women often get CMV from their toddlers, especially toddlers in day care, as nearly one in three chil- dren are infected by age five. Significantly, the American College of Obstetricians and Gynecologists used to encourage counseling for preg- nant women on how to avoid CMV but last year, the college reversed course claiming that patient instruction remains unproven as a method to reduce the risk of congenital CMV infection. However, it is hard for mothers to protect themselves from a virus carried by the children they care for, especially if they are unaware of the virus itself--less than one in five pregnant women are aware of cytomegalovirus. Few women are warned about this infection and according to a federal survey, less than half of obstetrician-gynecologists tell pregnant patients how to avoid CMV. Researchers say that pregnant women do not worry about CMV only because they do not know about it, which is why it is crucial for women who are pregnant or may become pregnant to be aware of available preven- tative measures, such as not sharing food with toddlers. This legislation aims to raise public awareness and reduce the trans- mission of CMV to a woman from a toddler by educating women about the virus itself and simple preventative measures, such as washing ones hands after changing infants and toddlers diapers. This legislation also aims to promote earlier detection of CMV in infants who are identified or suspected of having a hearing impairment by requiring that a urine polymerase chain reaction (PCR) test be used to test for cytomegalovi- rus, unless the parent objects. To date, the PCR test is the most effec- tive test available, and the Commissioner of the Department of Health may only require a new test be used if a diagnostically equivalent or better one becomes available. A test for CMV can be done immediately upon receiving the results from the newborn-infant hearing screening, which typically occurs at a facility before a newborn is discharged. Significantly, infants who receive a timely diagnosis can be given hear- ing aids or access to early intervention programs to have the best chance of learning to talk. Recent evidence suggests that routine screening of newborns could allow infected infants to receive consistent monitoring and treatment if necessary, ultimately increasing his/her chance of optimized develop mental care.   LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS: Undetermined.   EFFECTIVE DATE: This act shall take effect immediately.
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A00587 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     January 9, 2017
        Introduced  by  M.  of  A. L. ROSENTHAL, ORTIZ, ZEBROWSKI, SANTABARBARA,
          HARRIS, JENNE, RAIA -- Multi-Sponsored by -- M. of A. BUCHWALD, ENGLE-
          read once and  referred  to  the  Committee  on  Health  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- recommitted to the Committee on Health in accord-
          ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  again  reported  from said committee with amendments, ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the public health law, in relation  to  the  testing  of
          certain newborns for cytomegalovirus and public education thereon
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision (a) of section 2500-a of the public health law,
     2  as amended by chapter 184 of the laws of 2013, is  amended  to  read  as
     3  follows:
     4    (a)  1.  It  shall  be the duty of the administrative officer or other
     5  person in charge of each institution  caring  for  infants  twenty-eight
     6  days  or  less  of  age  and  the  person  required  in pursuance of the
     7  provisions of section forty-one hundred thirty of this chapter to regis-
     8  ter the birth of a child, to cause to have administered  to  every  such
     9  infant or child in its or his care a test for:
    10    i. phenylketonuria,
    11    ii. homozygous sickle cell disease,
    12    iii. hypothyroidism,
    13    iv. branched-chain ketonuria,
    14    v. galactosemia,
    15    vi. homocystinuria,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 587--C                           2
     1    vii.  critical congenital heart defects through pulse oximetry screen-
     2  ing, [and]
     3    viii.  with  regard  to  any  newborn  infant who is identified as, or
     4  suspected of, having a hearing impairment as a  result  of  a  screening
     5  conducted pursuant to section twenty-five hundred-g of this title, cause
     6  to  be  administered  to  such  infant a urine polymerase chain reaction
     7  (PCR) test for cytomegalovirus, unless the parent of the infant  objects
     8  thereto;  provided that if the commissioner determines that another test
     9  for cytomegalovirus is diagnostically equivalent to or better  than  the
    10  urine  polymerase  chain  reaction  test, the commissioner may, by regu-
    11  lation under this section, allow or require the use of that other  test,
    12  and
    13    ix.  such  other  diseases  and conditions as may from time to time be
    14  designated by the commissioner in accordance with rules  or  regulations
    15  prescribed by the commissioner.
    16    2.  Testing,  the  recording  of  the results of such tests, tracking,
    17  follow-up reviews and educational activities shall be performed at  such
    18  times  and  in such manner as may be prescribed by the commissioner. The
    19  commissioner shall promulgate regulations setting forth  the  manner  in
    20  which  information  describing  the purposes of the requirements of this
    21  section shall be disseminated to parents or a  guardian  of  the  infant
    22  tested.
    23    §  2. Subdivision 1 of section 207 of the public health law is amended
    24  by adding a new paragraph (o) to read as follows:
    25    (o) For women who may become pregnant, expectant parents  and  parents
    26  of infants, information regarding:
    27    (i) the incidence of cytomegalovirus;
    28    (ii)  the  transmission and risks of cytomegalovirus to pregnant women
    29  and women who may become pregnant;
    30    (iii) birth defects caused by congenital cytomegalovirus;
    31    (iv) methods of diagnosing congenital cytomegalovirus;
    32    (v) the available preventive measures to avoid the infection of  women
    33  who are pregnant or may become pregnant; and
    34    (vi)  available  methods  of  treating  cytomegalovirus  and resources
    35  available for families of children born with cytomegalovirus.
    36    § 3. This act shall take effect immediately; provided,  however,  that
    37  section  one  of this act shall take effect on the one hundred twentieth
    38  day after it shall have become a law. Effective immediately,  the  addi-
    39  tion,  amendment  and/or  repeal of any rule or regulation necessary for
    40  the implementation of section one of this act on its effective date  are
    41  authorized  and  directed  to  be  made  and completed on or before such
    42  effective date.
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