An Act
Providing for cytomegalovirus education and newborn screening.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the CMV Education and Newborn Screening
Act.
Section 2. Definitions.
The following words and phrases when used in this act shall have the meanings given
to them in this section unless the context clearly indicates otherwise:
"Birthing facility." An inpatient or ambulatory health care facility licensed by the department that provides
birthing and newborn care services.
"Certified nurse-midwife." An individual licensed by the State Board of Medicine
to practice midwifery under section 35 of the act of December 20, 1985 (P.L.457, No.112),
known as the Medical Practice Act of 1985.
"CMV." Cytomegalovirus.
"Department." The Department of Health of the Commonwealth.
"Health care practitioner." The term shall have the same meaning as defined in section 103 of the act of July
19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act.
"Newborn child." A child under 21 days of age.
"Unlicensed midwife." The term shall have the same meaning as defined in section 2 of the act of September
9, 1965 (P.L.497, No.251), known as the Newborn Child Testing Act.
Section 3. Informational publications by department.
(a) General rule.--The department shall make the following available on the department's
publicly accessible Internet website:
(1) Up-to-date, evidence-based information about CMV that has been reviewed by medical
experts and national CMV organizations. The information provided shall include the
following:
(i) The incidence of CMV.
(ii) The transmission of CMV to pregnant women and women who may become pregnant.
(iii) Birth defects caused by congenital CMV.
(iv) Methods of diagnosing congenital CMV.
(v) Available preventive measures.
(vi) Treatment options.
(vii) Any other information the department deems necessary.
(2) Contact information regarding support programs and services, including the following:
(i) Information hotlines specific to CMV.
(ii) Relevant resource centers or clearinghouses.
(iii) National and local CMV organizations.
(iv) Educational and support programs.
(b) Form.--The information provided in accordance with this act shall conform to the applicable
standard or standards provided in the enhanced "National Standards for Culturally
and Linguistically Appropriate Services in Health and Health Care," as adopted by
the United States Department of Health and Human Services and published in the Federal
Register on September 24, 2013.
Section 4. Dissemination of information on CMV.
(a) Requirement.--A certified nurse-midwife, a health care practitioner or an unlicensed
midwife that assumes responsibility for the prenatal care of a pregnant woman shall
provide the educational information regarding CMV made available by the department
under section 3.
(b) Compliance.--Delivery of information prepared by the department in accordance with
section 3 shall constitute compliance with this section.
Section 5. CMV newborn screening.
(a) Requirement.--The department shall require a birthing facility, a certified nurse-midwife,
a health care practitioner or an unlicensed midwife that assumes care of a newborn
child to offer the parent or guardian of the newborn child screening for CMV, or a
referral for screening for CMV, before the newborn child is 21 days of age if the
newborn child fails the initial newborn hearing screening under the act of November
30, 2001 (P.L.849, No.89), known as the Infant Hearing Education, Assessment, Reporting
and Referral (IHEARR) Act.
(b) Consent required.--Before a CMV screening is performed on a newborn child, a parent
or guardian of the newborn child shall provide written consent to a birthing facility,
a certified nurse-midwife, a health care practitioner or an unlicensed midwife that
assumes care of the newborn child. The parent or guardian shall provide the written
consent on a form developed by the birthing facility, certified nurse-midwife, health
care practitioner or unlicensed midwife. The birthing facility, certified nurse-midwife,
health care practitioner or unlicensed midwife shall include the written consent under
this subsection in the medical records of the newborn child and submit a report on
the medical records to the department in a manner specified by the department.
(c) Objection.--A CMV screening may not be performed on a newborn child if the parent
or guardian of the newborn child objects to the CMV screening for any reason. A birthing
facility, a certified nurse-midwife, a health care practitioner or an unlicensed midwife
that assumes care of a newborn child shall document an objection under this subsection
in writing and include the objection in the medical records of the newborn child and
submit a report on the medical records to the department in a manner specified by
the department.
(d) Screening.--A CMV screening shall be performed using the following:
(1) polymerase chain reaction (PCR) on saliva or urine;
(2) follow-up urine test to a positive PCR saliva test for confirmation; or
(3) testing approved on or before the effective date of this section by:
(i) the department; or
(ii) the Centers for Disease Control and Prevention.
(e) Election.--Nothing in this section shall be construed to prohibit a parent or guardian
of a newborn child from electing to have the newborn child screened for CMV.
Section 6. Regulations.
Within two years of the effective date of this section, the department shall promulgate
regulations necessary to effectuate the provisions of this act.
Section 7. Effective date.
This act shall take effect immediately.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 2 - ADMINISTRATIVE LAW AND PROCEDURE
Title 5 - ATHLETICS AND SPORTS
Title 8 - BOROUGHS AND INCORPORATED TOWNS
Title 15 - CORPORATIONS AND UNINCORPORATED ASSOCIATIONS
Title 18 - CRIMES AND OFFENSES
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Title 22 - DETECTIVES AND PRIVATE POLICE
Title 27 - ENVIRONMENTAL RESOURCES
Title 32 - FORESTS, WATERS AND STATE PARKS
Title 36 - HIGHWAYS AND BRIDGES
Title 37 - HISTORICAL AND MUSEUMS
Title 38 - HOLIDAYS AND OBSERVANCES
Title 39 - INSOLVENCY AND ASSIGNMENTS
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Title 48 - LODGING AND HOUSING
Title 53 - MUNICIPALITIES GENERALLY
Title 63 - PROFESSIONS AND OCCUPATIONS (STATE LICENSED)
Title 64 - PUBLIC AUTHORITIES AND QUASI-PUBLIC CORPORATIONS
Title 68 - REAL AND PERSONAL PROPERTY
Title 69 - SAVINGS ASSOCIATIONS
Title 72 - TAXATION AND FISCAL AFFAIRS
Title 76 - WEIGHTS, MEASURES AND STANDARDS
Title 77 - WORKMEN'S COMPENSATION
Title 78 - ZONING AND PLANNING
Title 79 - SUPPLEMENTARY PROVISIONS
Act 1 - PUBLIC SCHOOL CODE OF 1949 - ASSISTING STUDENTS EXPERIENCING EDUCATION INSTABILITY
Act 4 - CRIMES CODE (18 PA.C.S.) AND LAW AND JUSTICE (44 PA.C.S.) - OMNIBUS AMENDMENTS
Act 6 - PRIVATE FIRST CLASS HOWARD HAHN MEMORIAL BRIDGE - DESIGNATION
Act 7 - JOHN MICHAEL BEYRAND MEMORIAL HIGHWAY - DESIGNATION
Act 8 - BANKS AND BANKING (7 PA.C.S.) - OMNIBUS AMENDMENTS
Act 9 - FISCAL CODE - EARLY DETECTION AND DIAGNOSIS OF ALZHEIMER'S DISEASE OR A RELATED DISORDER
Act 10 - HEALTH AND SAFETY (35 PA.C.S.) - OMNIBUS AMENDMENTS
Act 11 - PUBLIC SCHOOL CODE OF 1949 - HOW CONSTITUTED
Act 13 - PRISONS AND PAROLE CODE (61 PA.C.S.) - ESTABLISHMENT
Act 14 - ADMINISTRATIVE CODE OF 1929 - COVID-19 REGULATORY FLEXIBILITY AUTHORITY
Act 15 - PRESERVING LAND FOR OPEN AIR SPACES - LOCAL TAXING OPTIONS
Act 17 - LOCAL TAX ENABLING ACT - DECLARATION AND PAYMENT OF INCOME TAXES
Act 18 - PUBLIC CONTRACT BID NONRECEIPT ACT - TITLE, SHORT TITLE AND CONTRACTS FOR SERVICES
Act 21 - CAPITAL BUDGET ACT OF 2021-2022 - ENACTMENT
Act 22 - PROFESSIONAL NURSING LAW - EXAMINATIONS AND CERTIFICATIONS
Act 23 - MULTIPLE DESIGNATIONS IN MULTIPLE COUNTIES AND REPEALS - DESIGNATION
Act 24 - CONVEYANCE - COMMONWEALTH PROPERTY IN MULTIPLE COUNTIES AND REPEALS
Act 25 - REAL ESTATE LICENSING AND REGISTRATION ACT - CONTINUING EDUCATION
Act 26 - CONVEYANCE - COMMONWEALTH PROPERTY IN MULTIPLE COUNTIES
Act 27 - CAPITAL BUDGET PROJECT ITEMIZATION ACT OF 2021-2022 - ENACTMENT
Act 28 - FISH (30 PA.C.S.) - PERIOD OF REGISTRATION
Act 29 - CMV EDUCATION AND NEWBORN SCREENING ACT - ENACTMENT
Act 31 - WORKFORCE DEVELOPMENT ACT - OMNIBUS AMENDMENTS
Act 32 - MENTAL HEALTH PROCEDURES ACT - CONFIDENTIALITY OF RECORDS
Act 33 - PENNSYLVANIA DRUG AND ALCOHOL ABUSE CONTROL ACT - CONFIDENTIALITY OF RECORDS
Act 34 - STORAGE TANK AND SPILL PREVENTION ACT - OMNIBUS AMENDMENTS
Act 37 - THE ADMINISTRATIVE CODE OF 1929 - INFRASTRUCTURE IMPROVEMENTS AND PROJECTS
Act 40 - COMMERCE AND TRADE (12 PA.C.S.) - ESTABLISHMENT AND MEMBERSHIP
Act 42 - FIRE AND PANIC ACT - STANDARDS FOR CLASS VI BUILDINGS
Act 44 - MILITARY AND VETERANS CODE (51 PA.C.S.) - DEFINITIONS
Act 46 - JUDICIAL CODE (42 PA.C.S.) - MEETINGS
Act 48 - MILITARY AND VETERANS CODE (51 PA.C.S.) - OMNIBUS AMENDMENTS
Act 49 - LOCAL OPTION SMALL GAMES OF CHANCE ACT - DISTRIBUTION OF PROCEEDS
Act 52 - AGRICULTURE CODE (3 PA.C.S.) - OMNIBUS AMENDMENTS
Act 53 - TAX REFORM CODE OF 1971 - OMNIBUS AMENDMENTS
Act 54 - FISCAL CODE - OMNIBUS AMENDMENTS AND RELATED REPEALS
Act 55 - PUBLIC SCHOOL CODE OF 1949 - OMNIBUS AMENDMENTS
Act 57 - LOCAL TAX COLLECTION LAW - EFFECT OF FAILURE TO RECEIVE TAX NOTICE
Act 58 - AFFORDABLE HOUSING UNIT TAX EXEMPTION ACT - ENACTMENT
Act 59 - VEHICLE CODE (75 PA.C.S.) - GRADING AND PENALTIES
Act 61 - CRIMES CODE (18 PA.C.S.) - INSTITUTIONAL SEXUAL ASSAULT
Act 62 - MULTIPLE DESIGNATIONS IN MULTIPLE COUNTIES - DESIGNATION AND RELATED REPEALS
Act 63 - WEIGH STATION PRECLEARANCE PROGRAM ACT - ENACTMENT
Act 66 - PENNSYLVANIA ELECTION CODE - NUMBER OF BALLOTS TO BE PRINTED AND SPECIMEN BALLOTS
Act 69 - PUBLIC SCHOOL CODE OF 1949 - PURPLE STAR SCHOOL PROGRAM
Act 71 - CRIME VICTIMS ACT - RIGHTS
Act 72 - HEALTH AND SAFETY (35 PA.C.S.) - BASIC LIFE SUPPORT AMBULANCES
Act 74 - AGRICULTURE CODE (3 PA.C.S.) - FIREWORKS AND A RELATED REPEAL
Act 75 - CRIMES CODE (18 PA.C.S.) - SEXUAL EXTORTION
Act 76 - OUTPATIENT PSYCHIATRIC OVERSIGHT ACT - REQUIREMENTS
Act 77 - CRIME VICTIMS ACT - OMNIBUS AMENDMENTS
Act 79 - HEALTH CARE FACILITIES ACT - PHOTO IDENTIFICATION TAG REGULATIONS
Act 81 - E HIGHWAY CAPITAL BUDGET PROJECT ITEMIZATION ACT OF 2022-2023 - ENACTMENT
Act 83 - AGRICULTURE CODE (3 PA.C.S.) - OMNIBUS AMENDMENTS
Act 86 - ADMINISTRATIVE CODE OF 1929 - POWERS AND DUTIES IN GENERAL
Act 90 - VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS AND REPEALS
Act 93 - THE INSURANCE COMPANY LAW OF 1921 - OMNIBUS AMENDMENTS
Act 94 - THE INSURANCE COMPANY LAW OF 1921 - CONTRACTS AND COVERAGE PACKAGES
Act 97 - AGRICULTURE CODE (3 PA.C.S.) - STATE HORSE RACING COMMISSION
Act 100 - PROJECT 70 LANDS - RELEASE OF RESTRICTIONS IN MULTIPLE COUNTIES AND RELATED REPEAL
Act 102 - HISTORICAL AND MUSEUMS (37 PA.C.S.) - OMNIBUS AMENDMENTS
Act 103 - FIRST CLASS CITY BUSINESS TAX REFORM ACT - DEFINITIONS
Act 104 - HEALTH AND SAFETY (35 PA.C.S.) - OMNIBUS AMENDMENTS
Act 105 - SURFACE MINING CONSERVATION AND RECLAMATION ACT - MINING AND RECLAMATION ADVISORY BOARD
Act 106 - DOMESTIC RELATIONS (23 PA.C.S.) - DECREE OF COURT
Act 107 - VEHICLE CODE (75 PA.C.S.) - SUSPENSION OF OPERATING PRIVILEGE
Act 108 - TAX REFORM CODE OF 1971 - OMNIBUS AMENDMENTS
Act 111 - CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT - DEFINITIONS
Act 112 - TRANSPORTATION (74 PA.C.S.) AND VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
Act 113 - VEHICLE CODE (75 PA.C.S.) - SPECIAL PLATES FOR RECIPIENTS OF AIR MEDAL
Act 114 - GREATER FATHER INVOLVEMENT ACT - ENACTMENT
Act 115 - REAL AND PERSONAL PROPERTY (68 PA.C.S.) - OMNIBUS AMENDMENTS
Act 117 - CHILD LABOR ACT - WORK PERMIT
Act 118 - JUDICIAL CODE (42 PA.C.S.) AND PUBLIC WELFARE (67 PA.C.S.) - OMNIBUS AMENDMENTS
Act 119 - CRIMES CODE (18 PA.C.S.) - PROHIBITED OFFENSIVE WEAPONS
Act 123 - PENNSYLVANIA CONSTRUCTION CODE ACT - EXEMPTIONS
Act 124 - MILITARY AND VETERANS CODE (51 PA.C.S.) - OPERATION OF STATE-OWNED VEHICLES
Act 126 - ABANDONED AND BLIGHTED PROPERTY CONSERVATORSHIP ACT - DEFINITIONS
Act 127 - PUBLIC WELFARE (67 PA.C.S.) - MISCELLANEOUS PROVISIONS AND AN EDITORIAL CHANGE
Act 128 - HEALTH CARE FACILITIES ACT - TEMPORARY HEALTH CARE SERVICES AGENCIES
Act 129 - HOLIDAYS AND OBSERVANCES (38 PA.C.S.) - WOMEN VETERANS DAY
Act 130 - VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
Act 131 - PUBLIC WELFARE (67 PA.C.S.) - RESOURCE FAMILIES, EDITORIAL CHANGES AND RELATED REPEALS
Act 132 - RUSSIA AND BELARUS DIVESTITURE ACT - ENACTMENT
Act 133 - PHILADELPHIA LNG EXPORT TASK FORCE ACT - ENACTMENT
Act 134 - CRIMES CODE (18 PA.C.S.) - CRIME VICTIM RIGHT OF ACCESS
Act 135 - CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT - DRUG OVERDOSE MEDICATION
Act 136 - OIL AND GAS (58 PA.C.S.) - OMNIBUS AMENDMENTS
Act 137 - STATE LOTTERY LAW - POWERS AND DUTIES OF SECRETARY
Act 138 - HOLIDAYS AND OBSERVANCES (38 PA.C.S.) - TUSKEGEE AIRMEN COMMEMORATION DAY
Act 140 - MULTIPLE DESIGNATIONS IN MULTIPLE COUNTIES AND A REPEAL - DESIGNATION
Act 141 - ADMINISTRATIVE CODE OF 1929 - OMNIBUS AMENDMENTS AND A REPEAL
Act 142 - BANKS AND BANKING (7 PA.C.S.) - DEFINITIONS
Act 143 - MEDICAL PRACTICE ACT OF 1985 - PROSTHETISTS, ORTHOTISTS, PEDORTHISTS AND ORTHOTIC FITTERS
Act 144 - JUDICIAL CODE (42 PA.C.S.) - SEXUAL OFFENSES AND TIER SYSTEM
Act 145 - VEHICLE CODE (75 PA.C.S.) - MAXIMUM GROSS WEIGHT OF VEHICLES
Act 146 - INSURANCE COMPANY LAW OF 1921 - OMNIBUS AMENDMENT
Act 147 - EXPEDITED PARTNER THERAPY ACT - ENACTMENT
Act 148 - GAME AND WILDLIFE CODE (34 PA.C.S.) - AUTHORIZED LICENSE-ISSUING AGENTS
Act 149 - RECORDER OF DEEDS FEE LAW - COUNTY DEMOLITION FUNDS
Act 150 - CHILDHOOD BLOOD LEAD TEST ACT - ENACTMENT
Act 151 - BREACH OF PERSONAL INFORMATION NOTIFICATION ACT - OMNIBUS AMENDMENTS
Act 152 - CHARITABLE GIFT ANNUITY EXEMPTION ACT - DEFINITIONS AND EXEMPTION FROM REGULATION
Act 155 - CHILD LABOR ACT - MINORS SERVING IN VOLUNTEER EMERGENCY SERVICE ORGANIZATIONS
Act 156 - UNEMPLOYMENT COMPENSATION LAW - OMNIBUS AMENDMENTS
Act 157 - VEHICLE CODE (75 PA.C.S.) - FLASHING OR REVOLVING YELLOW AND WHITE LIGHTS
Act 158 - OVERDOSE MAPPING ACT - ENACTMENT
Act 159 - DENTAL LAW - GENERAL POWERS OF THE STATE BOARD OF DENTISTRY
Act 162 - INSURANCE COMPANY LAW OF 1921 - COVERAGE FOR REFILL OF PRESCRIPTION EYE DROPS
Act 164 - COSMETOLOGY LAW - FLOOR SPACE
Act 165 - CRIMES CODE (18 PA.C.S.) - ENDANGERMENT OF PUBLIC SAFETY OFFICIAL
Act 166 - ADMINISTRATIVE CODE OF 1929 - TRANSFER AUTHORITY OVER LIEUTENANT GOVERNOR'S MANSION