Illinois General Assembly - Full Text of Public Act 097-0532
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Public Act 097-0532


 

Public Act 0532 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0532
 
SB1761 EnrolledLRB097 10043 RPM 50218 b

    AN ACT concerning public health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Newborn Metabolic Screening Act is amended
by changing Section 2 as follows:
 
    (410 ILCS 240/2)  (from Ch. 111 1/2, par. 4904)
    Sec. 2. The Department of Public Health shall administer
the provisions of this Act and shall:
    (a) Institute and carry on an intensive educational program
among physicians, hospitals, public health nurses and the
public concerning the diseases phenylketonuria,
hypothyroidism, galactosemia and other metabolic diseases.
This educational program shall include information about the
nature of the diseases and examinations for the detection of
the diseases in early infancy in order that measures may be
taken to prevent the mental retardation resulting from the
diseases.
    (a-5) Beginning July 1, 2002, provide all newborns with
expanded screening tests for the presence of genetic,
endocrine, or other metabolic disorders, including
phenylketonuria, galactosemia, hypothyroidism, congenital
adrenal hyperplasia, biotinidase deficiency, and sickling
disorders, as well as other amino acid disorders, organic acid
disorders, fatty acid oxidation disorders, and other
abnormalities detectable through the use of a tandem mass
spectrometer. If by July 1, 2002, the Department is unable to
provide expanded screening using the State Laboratory, it shall
temporarily provide such screening through an accredited
laboratory selected by the Department until the Department has
the capacity to provide screening through the State Laboratory.
If expanded screening is provided on a temporary basis through
an accredited laboratory, the Department shall substitute the
fee charged by the accredited laboratory, plus a 5% surcharge
for documentation and handling, for the fee authorized in
subsection (e) of this Section.
    (a-6) In accordance with the timetable specified in this
subsection, provide all newborns with expanded screening tests
for the presence of certain Lysosomal Storage Disorders known
as Krabbe, Pompe, Gaucher, Fabry, and Niemann-Pick. The testing
shall begin within 6 months following the occurrence of all of
the following:
        (i) the establishment and verification of relevant and
    appropriate performance specifications as defined under
    the federal Clinical Laboratory Improvement Amendments and
    regulations thereunder for Federal Drug
    Administration-cleared or in-house developed methods,
    performed under an institutional review board approved
    protocol, if required the registration with the federal
    Food and Drug Administration of the necessary reagents;
        (ii) the availability of the necessary reagents from
    the Centers for Disease Control and Prevention;
        (ii) (iii) the availability of quality assurance
    testing methodology for these processes; and
        (iii) (iv) the acquisition and installment by the
    Department of the equipment necessary to implement the
    expanded screening tests; .
        (iv) establishment of precise threshold values
    ensuring defined disorder identification for each
    screening test;
        (v) authentication of pilot testing achieving each
    milestone described in items (i) through (iv) of this
    subsection (a-6) for each disorder screening test; and
        (vi) authentication achieving potentiality of high
    throughput standards for statewide volume of each disorder
    screening test concomitant with each milestone described
    in items (i) through (iv) of this subsection (a-6).
    It is the goal of this amendatory Act of the 97th 95th
General Assembly that the expanded screening for the specified
Lysosomal Storage Disorders begins within 2 3 years after the
effective date of this amendatory Act of the 97th General
Assembly. The Department is authorized to implement an
additional fee for the screening prior to beginning the testing
in order to accumulate the resources for start-up and other
costs associated with implementation of the screening and
thereafter to support the costs associated with screening and
follow-up programs for the specified Lysosomal Storage
Disorders.
    (a-7) In accordance with the timetable specified in this
subsection (a-7), provide all newborns with expanded screening
tests for the presence of Severe Combined Immunodeficiency
Disease (SCID). The testing shall begin within 12 months
following the occurrence of all of the following:
        (i) the establishment and verification of relevant and
    appropriate performance specifications as defined under
    the federal Clinical Laboratory Improvement Amendments and
    regulations thereunder for Federal Drug
    Administration-cleared or in-house developed methods,
    performed under an institutional review board approved
    protocol, if required;
        (ii) the availability of quality assurance testing and
    comparative threshold values for SCID;
        (iii) the acquisition and installment by the
    Department of the equipment necessary to implement the
    initial pilot and expanded statewide volume of screening
    tests for SCID;
        (iv) establishment of precise threshold values
    ensuring defined disorder identification for SCID;
        (v) authentication of pilot testing achieving each
    milestone described in items (i) through (iv) of this
    subsection (a-7) for SCID; and
        (vi) authentication achieving potentiality of high
    throughput standards for statewide volume of the SCID
    screening test concomitant with each milestone described
    in items (i) through (iv) of this subsection (a-7).
    It is the goal of this amendatory Act of the 97th General
Assembly that the expanded screening for Severe Combined
Immunodeficiency Disease begins within 2 years after the
effective date of this amendatory Act of the 97th General
Assembly. The Department is authorized to implement an
additional fee for the screening prior to beginning the testing
in order to accumulate the resources for start-up and other
costs associated with implementation of the screening and
thereafter to support the costs associated with screening and
follow-up programs for Severe Combined Immunodeficiency
Disease.
    (a-8) In accordance with the timetable specified in this
subsection (a-8), provide all newborns with expanded screening
tests for the presence of certain Lysosomal Storage Disorders
known as Mucopolysaccharidosis I (Hurlers) and
Mucopolysaccharidosis II (Hunters). The testing shall begin
within 12 months following the occurrence of all of the
following:
        (i) the establishment and verification of relevant and
    appropriate performance specifications as defined under
    the federal Clinical Laboratory Improvement Amendments and
    regulations thereunder for Federal Drug
    Administration-cleared or in-house developed methods,
    performed under an institutional review board approved
    protocol, if required;
        (ii) the availability of quality assurance testing and
    comparative threshold values for each screening test and
    accompanying disorder;
        (iii) the acquisition and installment by the
    Department of the equipment necessary to implement the
    initial pilot and expanded statewide volume of screening
    tests for each disorder;
        (iv) establishment of precise threshold values
    ensuring defined disorder identification for each
    screening test;
        (v) authentication of pilot testing achieving each
    milestone described in items (i) through (iv) of this
    subsection (a-8) for each disorder screening test; and
        (vi) authentication achieving potentiality of high
    throughput standards for statewide volume of each disorder
    screening test concomitant with each milestone described
    in items (i) through (iv) of this subsection (a-8).
    It is the goal of this amendatory Act of the 97th General
Assembly that the expanded screening for the specified
Lysosomal Storage Disorders begins within 3 years after the
effective date of this amendatory Act of the 97th General
Assembly. The Department is authorized to implement an
additional fee for the screening prior to beginning the testing
in order to accumulate the resources for start-up and other
costs associated with implementation of the screening and
thereafter to support the costs associated with screening and
follow-up programs for the specified Lysosomal Storage
Disorders.
    (b) Maintain a registry of cases including information of
importance for the purpose of follow-up services to prevent
mental retardation.
    (c) Supply the necessary metabolic treatment formulas
where practicable for diagnosed cases of amino acid metabolism
disorders, including phenylketonuria, organic acid disorders,
and fatty acid oxidation disorders for as long as medically
indicated, when the product is not available through other
State agencies.
    (d) Arrange for or provide public health nursing, nutrition
and social services and clinical consultation as indicated.
    (e) Require that all specimens collected pursuant to this
Act or the rules and regulations promulgated hereunder be
submitted for testing to the nearest Department of Public
Health laboratory designated to perform such tests. The
Department may develop a reasonable fee structure and may levy
fees according to such structure to cover the cost of providing
this testing service. Fees collected from the provision of this
testing service shall be placed in a special fund in the State
Treasury, hereafter known as the Metabolic Screening and
Treatment Fund. Other State and federal funds for expenses
related to metabolic screening, follow-up and treatment
programs may also be placed in such Fund. Moneys shall be
appropriated from such Fund to the Department of Public Health
solely for the purposes of providing metabolic screening,
follow-up and treatment programs. Nothing in this Act shall be
construed to prohibit any licensed medical facility from
collecting additional specimens for testing for metabolic or
neonatal diseases or any other diseases or conditions, as it
deems fit. Any person violating the provisions of this
subsection (e) is guilty of a petty offense.
(Source: P.A. 95-695, eff. 11-5-07.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/23/2011