26:2-111 Newborn Screening Program; fees.

2. The Newborn Screening Program in the Department of Health shall screen all infants born in this State based on the list of disorders that is recommended by the Newborn Screening Advisory Review Committee and approved by the Commissioner of Health, with consideration of the Recommended Uniform Screening Panel of the United States Secretary of Health and Human Services. The Commissioner of Health may issue regulations to assure that newborns are screened in a manner approved by the commissioner.

The Department of Health shall charge a reasonable fee for the screening, follow-up, treatment, and education performed pursuant to this act. The amount of the fee shall be adjusted by the commissioner as necessary to support the screening, follow-up, and treatment of newborn infants, and the education of physicians, hospital staffs, nurses, and the public as required by this act. The procedures for collecting the fee shall be determined by the commissioner. The commissioner shall apply all revenues collected from the fees to the screening, follow-up, education, and treatment procedures performed pursuant to this act. The fee shall be used to support the program, including, but not limited to, ongoing infrastructure upgrades, including providing electronic access to physicians to obtain screening results, and follow-up recommendations.

Based on the recommendations of the Newborn Screening Advisory Review Committee established pursuant to section 2 of P.L.2019, c.296 (C.26:2-110a), the commissioner may also require the screening of newborn infants for other disorders if reliable and efficient screening techniques are available. If the commissioner determines that an additional test shall be required, the commissioner, at least 60 days prior to requiring the test, shall so advise the President of the Senate and the Speaker of the General Assembly.

The commissioner shall provide laboratory services and a follow-up program on positive screen cases in order that measures may be taken to prevent death or intellectual or other permanent disabilities. The program shall provide timely information and recommendations for referral to specialist treatment centers for newborn infants who screen positive for disorders pursuant to this section.

The commissioner shall collect screening information on newborn infants in a standardized manner and develop a system for quality assurance which includes the periodic assessment of indicators that are measurable, functional, and appropriate to the conditions for which newborn infants are screened pursuant to this section. The commissioner shall have the authority to use the information collected to provide follow-up to newborn infants with screened positive diagnoses to provide information and recommendations for referral. Information on newborn infants compiled pursuant to this section shall be used by the department and agencies designated by the commissioner for the purposes of carrying out this act, but otherwise the information shall be confidential and not divulged or made public so as to disclose the identity of any person to which it relates, except as provided by law.

The department shall provide education or training on the Newborn Screening Program to physicians, hospital staffs, nurses, and the public concerning newborn screening.

The provisions of this section shall not apply if the parents of a newborn infant provide written notice to the hospital or birthing facility where the newborn infant was delivered, in a manner designated by the commissioner, that they object to the screening on the grounds that it would conflict with their religious tenets or practices.

L.1977, c.321, s.2; amended 1981, c.357, s.3; 1988, c.24, s.3; 2019, c.296, s.3.