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Public Act 92-0701
HB5870 Enrolled LRB9213311DJgcB
AN ACT in relation to public health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Phenylketonuria Testing Act is amended by
adding Section 1.5 and changing Section 2 as follows:
(410 ILCS 240/1.5 new)
Sec. 1.5. Definitions. In this Act:
"Accredited laboratory" means any laboratory that holds a
valid certificate issued under the Clinical Laboratory
Improvement Amendments of 1988, 102 Stat. 2903, 42 U.S.C.
263a, as amended, and that reports its screening results by
using normal pediatric reference ranges.
"Expanded screening" means screening for genetic and
metabolic disorders, including but not limited to amino acid
disorders, organic acid disorders, fatty acid oxidation
disorders, and other abnormal profiles, in newborn infants
that can be detected through the use of a tandem mass
spectrometer.
"Tandem mass spectrometer" means an analytical instrument
used to detect numerous genetic and metabolic disorders at
one time.
(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.
(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 treatment product where
practicable for diagnosed cases 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. 83-87.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 08, 2002.
Approved July 19, 2002.
Effective July 19, 2002.
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