26B-4-319.  Testing of newborn infants.

(1)  Except in the case where parents object on the grounds that they are members of a specified, well-recognized religious organization whose teachings are contrary to the tests required by this section, a newborn infant shall be tested for:

Terms Used In Utah Code 26B-4-319

(a)  phenylketonuria (PKU);

(b)  other heritable disorders which may result in an intellectual or physical disability or death and for which:

(i)  a preventive measure or treatment is available; and

(ii)  there exists a reliable laboratory diagnostic test method;

(c) 

(i)  an infant born in a hospital with 100 or more live births annually, hearing loss; and

(ii)  an infant born in a setting other than a hospital with 100 or more live births annually, hearing loss; and

(d)  critical congenital heart defects using pulse oximetry.

(2)  In accordance with Section 26B-1-209, the department may charge fees for:

(a)  materials supplied by the department to conduct tests required under Subsection (1);

(b)  tests required under Subsection (1) conducted by the department;

(c)  laboratory analyses by the department of tests conducted under Subsection (1); and

(d)  the administrative cost of follow-up contacts with the parents or guardians of tested infants.

(3)  Tests for hearing loss described in Subsection (1) shall be based on one or more methods approved by the Newborn Hearing Screening Committee created in Section 26B-1-432, including:

(a)  auditory brainstem response;

(b)  automated auditory brainstem response; and

(c)  evoked otoacoustic emissions.

(4)  Results of tests for hearing loss described in Subsection (1) shall be reported to:

(a)  the department; and

(b)  when results of tests for hearing loss under Subsection (1) suggest that additional diagnostic procedures or medical interventions are necessary:

(i)  a parent or guardian of the infant;

(ii)  an early intervention program administered by the department in accordance with Part C of the Individuals with Disabilities Education Act, 20 U.S.C. § 1431 et seq.; and

(iii)  the Utah Schools for the Deaf and the Blind, created in Section 53E-8-201.

Renumbered and Amended by Chapter 307, 2023 General Session