Delaware Code Title 16 Sec. 804C – Newborn Screening Program
(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in regard to the screening of newborn infants for diseases shall remain in full force and effect until amended or repealed by the Department.
Terms Used In Delaware Code Title 16 Sec. 804C
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Director: means the Director of the Division of Public Health, or such persons as may be designated by the Director. See Delaware Code Title 16 Sec. 101
- Division: means the Division of Public Health. See Delaware Code Title 16 Sec. 101
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) All hospitals, birthing centers and other birth attendants shall obtain a satisfactory specimen within 24 to 48 hours of age and shall perform, or arrange for, screening for critical congenital heart defects.
(c) The Division of Public Health shall provide results to the physician on 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, and immunologic disorders will be destroyed after screening and testing is complete. Screening and testing includes confirmation of any diagnosis.
(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 are hereby appropriated to, and shall be retained by, the Newborn Screening Program to defray operating expenses associated with this chapter, operation of the Program, and programming to ensure the optimal health and development across the lifespan of the maternal and child health population.
(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.