Buchwald, 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A587C
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.
STATE OF NEW YORK
________________________________________________________________________
587--C
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
___________
Introduced by M. of A. L. ROSENTHAL, ORTIZ, ZEBROWSKI, SANTABARBARA,
GUNTHER, CARROLL, GALEF, NIOU, DINOWITZ, BLAKE, SEAWRIGHT, SOLAGES,
HARRIS, JENNE, RAIA -- Multi-Sponsored by -- M. of A. BUCHWALD, ENGLE-
BRIGHT, HYNDMAN, LUPARDO, McDONOUGH, NOLAN, SIMON, STECK, THIELE --
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.
LBD01942-05-8
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.