(a) The Department of Health and Social Services shall adopt rules and regulations under and pursuant to this State’s Administrative Procedures Act, Chapter 101 of Title 29, to carry out the objectives of this chapter. All prior regulations and rules promulgated by the Delaware Division of Public Health in regards to the screening of newborn infants for diseases shall remain in full force and effect until amended or repealed by the Department.

(b) All hospitals, birthing centers and other birth attendants shall obtain a satisfactory specimen prior to 72 hours of age and shall perform, or arrange for, screening for critical congenital heart defects

(c) The Division of Public Health shall provide abnormal results to the parent or legal guardian and physician of record.

(d) The Director of the Division of Public Health, with advice from the Committee, will determine which disorders shall be on the screening panel.

(e) Blood specimens for metabolic, hematologic, endocrinologic, immunologic and certain structural disorders will be retained for a period of 3 years.

(f) Records obtained from screenings will be retained by the Division of Public Health.

(g) Fees. — (1) The Newborn Screening Program shall bill the birth facility or individual attending the birth for services provided for each newborn screened under these regulations including but not limited to, the cost of the kits for collection of specimens, the laboratory fee for analysis, and administrative costs. The amount billed will be determined by the Director of the Division of Public Health in consultation with the Advisory Committee and the program staff. The fee will be determined in July of each year based on the cost of the program. All fees collected as a result of billing shall be retained by the Newborn Screening Program and used for operation of the program.

(2) No Delaware newborn shall be denied testing for hereditary disorders because of inability of the newborn’s parent or legal guardian to pay the fee.

80 Del. Laws, c. 96, § 1.