Colo. Rev. Stat. § 25-4-1004.5

Current through Chapter 519 of the 2024 Legislative Session and Chapter 2 of the 2024 First Extraordinary Session
Section 25-4-1004.5 - Follow-up testing and treatment - second screening - fee - rules
(1) Repealed.
(2)
(a) Repealed.
(b) The executive director of the department shall increase the newborn screening fee as provided in section 25-4-1004(2) so that the fee is sufficient to include the costs of providing first and second specimen tests with second-tier testing if necessitated by the results of the screening in order to reduce the number of false positive tests and to provide follow-up and referral services to families with a newborn whose test results under a newborn screening indicate a genetic or metabolic disorder.
(c) The state board shall promulgate rules to establish and maintain appropriate follow-up services on positive screen cases in order that measures may be taken to prevent death or intellectual or other permanent disabilities. The follow-up services must include identification of newborns at risk for genetic and metabolic conditions, coordination among medical providers and families, connecting newborns who screen positive to timely intervention and appropriate referrals to specialists for follow-up and diagnostic testing, and additional duties as determined by the department.
(3)
(a) Infants born in the state of Colorado who receive newborn screening pursuant to section 25-4-1004(1) must have a second specimen taken to screen for the following conditions:
(I) Phenylketonuria;
(II) Hypothyroidism;
(III) Galactosemia;
(IV) Cystic fibrosis; and
(V) Such other conditions as the state board may determine meet the criteria set forth in section 25-4-1004(1)(c) and require a second screening for accurate test results.
(b) The state board is authorized to promulgate rules and standards for the implementation of the second specimen testing specified in this subsection (3), including:
(I) Identification of those conditions for which a second specimen shall be required;
(II) The age of the infant at which the second screening may be administered;
(III) The method by which the parent or parents of a newborn shall be advised of the necessity for a second specimen test;
(IV) The procedure to be followed in administering the second specimen test;
(V) Any exceptions to the necessity for a second specimen test and the procedures to be followed in such cases; and
(VI) The standards of supervision and quality control that shall apply to second specimen testing.
(b.5) The laboratory operated by the laboratory services division in the department, or the laboratory designated by the department, as applicable, must remain open a minimum of six days per week every week of the year.
(c) On and after July 1, 2018, the executive director of the department of public health and environment may adjust the newborn screening fee set forth in section 25-4-1004(2) so that the fee is sufficient to cover the costs associated with the second screening described in this subsection (3). Money in the newborn screening and genetic counseling cash funds is exempt from section 24-75-402 through July 1, 2021.
(4) The provisions of section 25-4-1003(2) shall apply to second newborn screenings.

C.R.S. § 25-4-1004.5

Amended by 2018 Ch. 44,§ 14, eff. 8/8/2018.
Amended by 2018 Ch. 368,§ 5, eff. 7/1/2018.
L. 94: Entire section added, p. 833, § 1, effective April 28. L. 96: (1)(f), (3), and (4) added, p. 1108, §§ 2, 3, effective July 1. L. 2018: (1) repealed, (2)(b), IP(3)(a), (3)(a)(V), IP(3)(b), and (3)(c) amended, and (2)(c) and (3)(b.5) added, (HB 18-1006), ch. 368, p. 2215, § 5, effective July 1; (1)(b) amended, (SB 18-096), ch. 44, p. 473, § 14, effective August 8.

(1) Subsection (2)(a)(II) provided for the repeal of subsection (2)(a), effective July 1, 1994. (See L. 94, p. 833.)

(2) Subsection (1)(b) was amended in SB 18-096, effective August 8, 2018. However, those amendments were superseded by the repeal of subsection (1) by HB 18-1006, effective July 1, 2018.

For the legislative declaration in SB 18-096, see section 1 of chapter 44, Session Laws of Colorado 2018.