{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-65.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-65.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-65.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-65.html"}],"law_id":79113,"edition_id":1,"section_id":79113,"structure_id":16487,"section_number":"32.1-65","catch_line":"Certain newborn screening required","history":"Code 1950, \u00a7\u00a7 32-112.1, 32-112.9; 1966, c. 179; 1979, c. 711; 1983, c. 582; 1986, c. 172; 1988, c. 97; 1992, cc. 747, 873; 2001, c. 255; 2002, c. 440; 2004, c. 760; 2005, cc. 717, 721; 2012, cc. 147, 476, 507; 2018, c. 531; 2025, c. 483.","full_text":"A\n\nFor the purposes of this section, &#8220;RUSP&#8221; means the federal Recommended Uniform Screening Panel recommended by the Secretary of the U.S. Department of Health and Human Services.B\n\nIn order to prevent intellectual disability and permanent disability or death, every infant who is born in the Commonwealth shall be subjected to screening tests for various disorders consistent with, but not necessarily identical to, the RUSP recommended by the U.S. Secretary of Health and Human Services and the Secretary&#8217;s Advisory Committee on Heritable Disorders in Newborns and Children.C\n\nThe Department shall ensure that testing for any disorder that is included on the RUSP as of January 1, 2025, is included in the testing required under this section if determined appropriate by the Department. For any disorder included on the RUSP, the Department shall:1\n\nConduct an evaluation to determine whether the disorder should be included on the Commonwealth&#8217;s screening program, including an assessment of the estimated costs of including the disorder and a fiscal impact on the fee for the tests performed; and2\n\nIf the Department determines the disorder should be included in the testing required under this section, commence the rulemaking process to add the disorder to the Commonwealth&#8217;s screening program.\n\t\t\t\tThe Department shall conduct such evaluation and commence such rulemaking process, if applicable, within 12 months of the addition of any disorder added to the RUSP after January 1, 2025. If a condition is added to the Commonwealth&#8217;s screening panel by rule, and there is an available test that meets all federal and state laboratory requirements for newborn screening programs, the Department shall implement screening for the condition in the Commonwealth&#8217;s screening program within six months of completion of the rulemaking process. If there is not an available test that meets state and federal laboratory requirements for newborn screening programs, the program shall secure an appropriate test as soon as available.D\n\nFor any disorder included on the RUSP that the Department determines in an initial evaluation should not be included under the Commonwealth&#8217;s screening program, the Department shall determine whether reevaluation is necessary by (i) reviewing the medical literature published on the disorder since the initial evaluation and (ii) allowing for public input. The Department shall conduct such determination annually. If the Department determines reevaluation is necessary during such annual determination, the Department shall conduct an evaluation and commence the rulemaking process, if applicable, within 12 months pursuant to subsection C. The Department shall not include in the testing required under this section any disorder not included on the RUSP unless it has first conducted an evaluation and commenced the rulemaking process to add the disorder in the same manner as is required for any disorder included on the RUSP in accordance with subsection C.E\n\nThe Department shall submit a status report to the General Assembly on the screening program annually. Such status report shall include:1\n\nThe current disorders included under the Commonwealth&#8217;s screening program;2\n\nAny new disorders currently under consideration or recommended for inclusion under the Commonwealth&#8217;s screening program;3\n\nAny new disorders considered but not recommended for inclusion in the Commonwealth&#8217;s screening program in the prior 12-month period and the reason for not recommending such disorders;4\n\nAny disorders for which the Department determined a reevaluation was unnecessary in the prior 12-month period and the reason that such reevaluation is not necessary at the time of such determination; and5\n\nAny delay in complying with the timeframes specified by this section for evaluation, inclusion, or reevaluation of a disorder and the reason for such delay.F\n\nAny infant whose parent or guardian objects thereto on the grounds that such tests conflict with his religious practices or tenets shall not be required to receive such screening tests.G\n\nThe physician, licensed midwife, or certified nurse midwife in charge of the infant&#8217;s care after delivery shall cause such tests to be performed. The screening tests shall be performed by the Division of Consolidated Laboratory Services or any other laboratory the Department of Health has contracted with to provide such service. Screening tests for time-critical disorders identified by the U.S. Department of Health and Human Services and the Secretary&#8217;s Advisory Committee on Heritable Disorders in Newborns and Children shall be performed seven days a week.H\n\nThe program for screening infants for sickle cell diseases shall be conducted in addition to the programs provided for in Article 8 (&#xA7; 32.1-68 et seq.).","order_by":null,"text":{"0":{"id":283355,"text":"For the purposes of this section, &#8220;RUSP&#8221; means the federal Recommended Uniform Screening Panel recommended by the Secretary of the U.S. Department of Health and Human Services.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":283356,"text":"In order to prevent intellectual disability and permanent disability or death, every infant who is born in the Commonwealth shall be subjected to screening tests for various disorders consistent with, but not necessarily identical to, the RUSP recommended by the U.S. Secretary of Health and Human Services and the Secretary&#8217;s Advisory Committee on Heritable Disorders in Newborns and Children.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":283357,"text":"The Department shall ensure that testing for any disorder that is included on the RUSP as of January 1, 2025, is included in the testing required under this section if determined appropriate by the Department. For any disorder included on the RUSP, the Department shall:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":283358,"text":"Conduct an evaluation to determine whether the disorder should be included on the Commonwealth&#8217;s screening program, including an assessment of the estimated costs of including the disorder and a fiscal impact on the fee for the tests performed; and","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":283359,"text":"If the Department determines the disorder should be included in the testing required under this section, commence the rulemaking process to add the disorder to the Commonwealth&#8217;s screening program.\n\t\t\t\tThe Department shall conduct such evaluation and commence such rulemaking process, if applicable, within 12 months of the addition of any disorder added to the RUSP after January 1, 2025. If a condition is added to the Commonwealth&#8217;s screening panel by rule, and there is an available test that meets all federal and state laboratory requirements for newborn screening programs, the Department shall implement screening for the condition in the Commonwealth&#8217;s screening program within six months of completion of the rulemaking process. If there is not an available test that meets state and federal laboratory requirements for newborn screening programs, the program shall secure an appropriate test as soon as available.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"5":{"id":283360,"text":"For any disorder included on the RUSP that the Department determines in an initial evaluation should not be included under the Commonwealth&#8217;s screening program, the Department shall determine whether reevaluation is necessary by (i) reviewing the medical literature published on the disorder since the initial evaluation and (ii) allowing for public input. The Department shall conduct such determination annually. If the Department determines reevaluation is necessary during such annual determination, the Department shall conduct an evaluation and commence the rulemaking process, if applicable, within 12 months pursuant to subsection C. The Department shall not include in the testing required under this section any disorder not included on the RUSP unless it has first conducted an evaluation and commenced the rulemaking process to add the disorder in the same manner as is required for any disorder included on the RUSP in accordance with subsection C.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"E"},"6":{"id":283361,"text":"The Department shall submit a status report to the General Assembly on the screening program annually. Such status report shall include:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"7":{"id":283362,"text":"The current disorders included under the Commonwealth&#8217;s screening program;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"8":{"id":283363,"text":"Any new disorders currently under consideration or recommended for inclusion under the Commonwealth&#8217;s screening program;","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"9":{"id":283364,"text":"Any new disorders considered but not recommended for inclusion in the Commonwealth&#8217;s screening program in the prior 12-month period and the reason for not recommending such disorders;","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"10":{"id":283365,"text":"Any disorders for which the Department determined a reevaluation was unnecessary in the prior 12-month period and the reason that such reevaluation is not necessary at the time of such determination; and","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3","next_prefix":"E5"},"11":{"id":283366,"text":"Any delay in complying with the timeframes specified by this section for evaluation, inclusion, or reevaluation of a disorder and the reason for such delay.","type":"section","prefixes":["E","5"],"prefix":"5","entire_prefix":"E5","prefix_anchor":"E5","level":2,"prior_prefix":"E4","next_prefix":"F"},"12":{"id":283367,"text":"Any infant whose parent or guardian objects thereto on the grounds that such tests conflict with his religious practices or tenets shall not be required to receive such screening tests.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E5","next_prefix":"G"},"13":{"id":283368,"text":"The physician, licensed midwife, or certified nurse midwife in charge of the infant&#8217;s care after delivery shall cause such tests to be performed. The screening tests shall be performed by the Division of Consolidated Laboratory Services or any other laboratory the Department of Health has contracted with to provide such service. Screening tests for time-critical disorders identified by the U.S. Department of Health and Human Services and the Secretary&#8217;s Advisory Committee on Heritable Disorders in Newborns and Children shall be performed seven days a week.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"14":{"id":283369,"text":"The program for screening infants for sickle cell diseases shall be conducted in addition to the programs provided for in Article 8 (&#xA7; 32.1-68 et seq.).","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":16487,"edition_id":1,"name":"Newborn Screening","identifier":"7","label":"article","depth":3,"order_by":1,"parent_id":13607,"metadata":{},"date_created":"2026-06-26 04:20:45","date_modified":"2026-06-26 04:20:45","permalink":{"id":202215,"object_type":"structure","relational_id":16487,"identifier":"7","token":"32.1\/2\/7","url":"\/32.1\/2\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13607,"edition_id":1,"name":"Disease Prevention and Control","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:45:22","date_modified":"2026-06-26 03:45:22","permalink":{"id":201743,"object_type":"structure","relational_id":13607,"identifier":"2","token":"32.1\/2","url":"\/32.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79113,"structure_id":16487,"section_number":"32.1-65","catch_line":"Certain newborn screening required","url":"\/32.1-65\/","token":"32.1\/2\/7\/32.1-65","metadata":false},{"id":85421,"structure_id":16487,"section_number":"32.1-65.1","catch_line":"Critical congenital heart defect screening test required","url":"\/32.1-65.1\/","token":"32.1\/2\/7\/32.1-65.1","metadata":false},{"id":72227,"structure_id":16487,"section_number":"32.1-66","catch_line":"Commissioner to notify physicians; reports to Commissioner","url":"\/32.1-66\/","token":"32.1\/2\/7\/32.1-66","metadata":false},{"id":79830,"structure_id":16487,"section_number":"32.1-67","catch_line":"Duty of Board for follow-up and referral protocols; regulations","url":"\/32.1-67\/","token":"32.1\/2\/7\/32.1-67","metadata":false},{"id":69668,"structure_id":16487,"section_number":"32.1-67.1","catch_line":"Confidentiality of records; prohibition of discrimination","url":"\/32.1-67.1\/","token":"32.1\/2\/7\/32.1-67.1","metadata":false}],"next_section":{"id":85421,"structure_id":16487,"section_number":"32.1-65.1","catch_line":"Critical congenital heart defect screening test required","url":"\/32.1-65.1\/","token":"32.1\/2\/7\/32.1-65.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-65\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 13 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1966, chapter 179; in 1979, chapter 711; in 1983, chapter 582; in 1986, chapter 172; in 1988, chapter 97; in 1992, chapters 747 and 873; in 2001, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0255\">255<\/a>; in 2002, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0440\">440<\/a>; in 2004, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0760\">760<\/a>; in 2005, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0717\">717<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0721\">721<\/a>; in 2012, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0147\">147<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0476\">476<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0507\">507<\/a>; in 2018, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0531\">531<\/a>; in 2025, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?251+ful+CHAP0483\">483<\/a>.<\/p>","references":[{"id":70560,"section_number":"32.1-46.01","catch_line":"Virginia Immunization Information System","order_by":null,"url":"\/32.1-46.01\/"},{"id":72227,"section_number":"32.1-66","catch_line":"Commissioner to notify physicians; reports to Commissioner","order_by":null,"url":"\/32.1-66\/"},{"id":79830,"section_number":"32.1-67","catch_line":"Duty of Board for follow-up and referral protocols; regulations","order_by":null,"url":"\/32.1-67\/"},{"id":57060,"section_number":"32.1-73","catch_line":"Failure to comply with provisions; grounds for revocation of license or permit","order_by":null,"url":"\/32.1-73\/"},{"id":58499,"section_number":"59.1-594","catch_line":"Exclusions","order_by":null,"url":"\/59.1-594\/"}],"refers_to":[{"id":59295,"section_number":"32.1-68","catch_line":"Commissioner to establish screening and treatment program; review by Board; program to include education and post-screening counseling; laboratory tests","order_by":null,"url":"\/32.1-68\/"}],"permalink":{"id":202217,"object_type":"law","relational_id":79113,"identifier":"32.1-65","token":"32.1\/2\/7\/32.1-65","url":"\/32.1-65\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-65\/","token":"32.1\/2\/7\/32.1-65","dublin_core":{"Title":"Certain newborn screening required","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-65","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> For the purposes of this section, &#8220;<span class=\"dictionary\">RUSP<\/span>&#8221; means the federal Recommended Uniform Screening <span class=\"dictionary\">Panel<\/span> recommended by the Secretary of the U.S. <span class=\"dictionary\">Department<\/span> of Health and Human Services. <a id=\"paragraph-283355\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-65\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> In <span class=\"dictionary\">order<\/span> to prevent intellectual disability and permanent disability or death, every infant who is born in the Commonwealth shall be subjected to screening tests for various disorders consistent with, but not necessarily identical to, the <span class=\"dictionary\">RUSP<\/span> recommended by the U.S. Secretary of Health and Human Services and the Secretary&#8217;s Advisory Committee on Heritable Disorders in Newborns and Children. <a id=\"paragraph-283356\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-65\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The <span class=\"dictionary\">Department<\/span> shall ensure that testing for any disorder that is included on the <span class=\"dictionary\">RUSP<\/span> as of January 1, 2025, is included in the testing required under this section if determined appropriate by the <span class=\"dictionary\">Department<\/span>. For any disorder included on the <span class=\"dictionary\">RUSP<\/span>, the <span class=\"dictionary\">Department<\/span> shall: <a id=\"paragraph-283357\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-65\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Conduct an evaluation to determine whether the disorder should be included on the Commonwealth&#8217;s screening program, including an assessment of the estimated costs of including the disorder and a fiscal impact on the fee for the tests performed; and <a id=\"paragraph-283358\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-65\/#C1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> If the <span class=\"dictionary\">Department<\/span> determines the disorder should be included in the testing required under this section, commence the rulemaking process to add the disorder to the Commonwealth&#8217;s screening program.\n\t\t\t\tThe <span class=\"dictionary\">Department<\/span> shall conduct such evaluation and commence such rulemaking process, if applicable, within 12 months of the addition of any disorder added to the <span class=\"dictionary\">RUSP<\/span> after January 1, 2025. If a condition is added to the Commonwealth&#8217;s screening <span class=\"dictionary\">panel<\/span> by rule, and there is an available test that meets all federal and state laboratory requirements for newborn screening programs, the <span class=\"dictionary\">Department<\/span> shall implement screening for the condition in the Commonwealth&#8217;s screening program within six months of completion of the rulemaking process. If there is not an available test that meets state and federal laboratory requirements for newborn screening programs, the program shall secure an appropriate test as soon as available. <a id=\"paragraph-283359\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-65\/#C2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> For any disorder included on the <span class=\"dictionary\">RUSP<\/span> that the <span class=\"dictionary\">Department<\/span> determines in an initial evaluation should not be included under the Commonwealth&#8217;s screening program, the <span class=\"dictionary\">Department<\/span> shall determine whether reevaluation is necessary by (i) reviewing the medical literature published on the disorder since the initial evaluation and (ii) allowing for public input. The <span class=\"dictionary\">Department<\/span> shall conduct such determination annually. If the <span class=\"dictionary\">Department<\/span> determines reevaluation is necessary during such annual determination, the <span class=\"dictionary\">Department<\/span> shall conduct an evaluation and commence the rulemaking process, if applicable, within 12 months pursuant to subsection C. The <span class=\"dictionary\">Department<\/span> shall not include in the testing required under this section any disorder not included on the <span class=\"dictionary\">RUSP<\/span> unless it has first conducted an evaluation and commenced the rulemaking process to add the disorder in the same manner as is required for any disorder included on the <span class=\"dictionary\">RUSP<\/span> in accordance with subsection C. <a id=\"paragraph-283360\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-65\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> The <span class=\"dictionary\">Department<\/span> shall submit a status report to the General Assembly on the screening program annually. Such status report shall include: <a id=\"paragraph-283361\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-65\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The current disorders included under the Commonwealth&#8217;s screening program; <a id=\"paragraph-283362\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-65\/#E1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Any new disorders currently under consideration or recommended for inclusion under the Commonwealth&#8217;s screening program; <a id=\"paragraph-283363\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-65\/#E2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Any new disorders considered but not recommended for inclusion in the Commonwealth&#8217;s screening program in the prior 12-month period and the reason for not recommending such disorders; <a id=\"paragraph-283364\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-65\/#E3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> Any disorders for which the <span class=\"dictionary\">Department<\/span> determined a reevaluation was unnecessary in the prior 12-month period and the reason that such reevaluation is not necessary at the time of such determination; and <a id=\"paragraph-283365\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-65\/#E4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> Any delay in complying with the timeframes specified by this section for evaluation, inclusion, or reevaluation of a disorder and the reason for such delay. <a id=\"paragraph-283366\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-65\/#E5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> Any infant whose parent or guardian <span class=\"dictionary\">objects<\/span> thereto on the grounds that such tests conflict with his religious practices or tenets shall not be required to receive such screening tests. <a id=\"paragraph-283367\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-65\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> The physician, licensed midwife, or certified nurse midwife in charge of the infant&#8217;s care after delivery shall cause such tests to be performed. The screening tests shall be performed by the Division of Consolidated Laboratory Services or any other laboratory the <span class=\"dictionary\">Department<\/span> of Health has contracted with to provide such service. Screening tests for time-critical disorders identified by the U.S. <span class=\"dictionary\">Department<\/span> of Health and Human Services and the Secretary&#8217;s Advisory Committee on Heritable Disorders in Newborns and Children shall be performed seven days a week. <a id=\"paragraph-283368\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-65\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H\"><p><span class=\"prefix-number\">H.<\/span> The program for screening infants for sickle cell diseases shall be conducted in addition to the programs provided for in Article 8 (&#xA7; <a class=\"law\" title=\"Commissioner to establish screening and treatment program; review by Board; program to include education and post-screening counseling; laboratory tests\" href=\"\/32.1-68\/\">32.1-68<\/a> et seq.). <a id=\"paragraph-283369\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-65\/#H\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCERTAIN NEWBORN SCREENING REQUIRED (\u00a7 32.1-65)\n\nA. For the purposes of this section, &#8220;RUSP&#8221; means the federal\nRecommended Uniform Screening Panel recommended by the Secretary of the U.S.\nDepartment of Health and Human Services.\n\nB. In order to prevent intellectual disability and permanent disability or\ndeath, every infant who is born in the Commonwealth shall be subjected to\nscreening tests for various disorders consistent with, but not necessarily\nidentical to, the RUSP recommended by the U.S. Secretary of Health and Human\nServices and the Secretary&#8217;s Advisory Committee on Heritable Disorders in\nNewborns and Children.\n\nC. The Department shall ensure that testing for any disorder that is included on\nthe RUSP as of January 1, 2025, is included in the testing required under this\nsection if determined appropriate by the Department. For any disorder included\non the RUSP, the Department shall:\n\n   1. Conduct an evaluation to determine whether the disorder should be included\n   on the Commonwealth&#8217;s screening program, including an assessment of the\n   estimated costs of including the disorder and a fiscal impact on the fee for\n   the tests performed; and\n\n   2. If the Department determines the disorder should be included in the testing\n   required under this section, commence the rulemaking process to add the\n   disorder to the Commonwealth&#8217;s screening program.\n   \t\t\t\tThe Department shall conduct such evaluation and commence such rulemaking\n   process, if applicable, within 12 months of the addition of any disorder added\n   to the RUSP after January 1, 2025. If a condition is added to the\n   Commonwealth&#8217;s screening panel by rule, and there is an available test\n   that meets all federal and state laboratory requirements for newborn screening\n   programs, the Department shall implement screening for the condition in the\n   Commonwealth&#8217;s screening program within six months of completion of the\n   rulemaking process. If there is not an available test that meets state and\n   federal laboratory requirements for newborn screening programs, the program\n   shall secure an appropriate test as soon as available.\n\nD. For any disorder included on the RUSP that the Department determines in an\ninitial evaluation should not be included under the Commonwealth&#8217;s\nscreening program, the Department shall determine whether reevaluation is\nnecessary by (i) reviewing the medical literature published on the disorder\nsince the initial evaluation and (ii) allowing for public input. The Department\nshall conduct such determination annually. If the Department determines\nreevaluation is necessary during such annual determination, the Department shall\nconduct an evaluation and commence the rulemaking process, if applicable, within\n12 months pursuant to subsection C. The Department shall not include in the\ntesting required under this section any disorder not included on the RUSP unless\nit has first conducted an evaluation and commenced the rulemaking process to add\nthe disorder in the same manner as is required for any disorder included on the\nRUSP in accordance with subsection C.\n\nE. The Department shall submit a status report to the General Assembly on the\nscreening program annually. Such status report shall include:\n\n   1. The current disorders included under the Commonwealth&#8217;s screening\n   program;\n\n   2. Any new disorders currently under consideration or recommended for\n   inclusion under the Commonwealth&#8217;s screening program;\n\n   3. Any new disorders considered but not recommended for inclusion in the\n   Commonwealth&#8217;s screening program in the prior 12-month period and the\n   reason for not recommending such disorders;\n\n   4. Any disorders for which the Department determined a reevaluation was\n   unnecessary in the prior 12-month period and the reason that such reevaluation\n   is not necessary at the time of such determination; and\n\n   5. Any delay in complying with the timeframes specified by this section for\n   evaluation, inclusion, or reevaluation of a disorder and the reason for such\n   delay.\n\nF. Any infant whose parent or guardian objects thereto on the grounds that such\ntests conflict with his religious practices or tenets shall not be required to\nreceive such screening tests.\n\nG. The physician, licensed midwife, or certified nurse midwife in charge of the\ninfant&#8217;s care after delivery shall cause such tests to be performed. The\nscreening tests shall be performed by the Division of Consolidated Laboratory\nServices or any other laboratory the Department of Health has contracted with to\nprovide such service. Screening tests for time-critical disorders identified by\nthe U.S. Department of Health and Human Services and the Secretary&#8217;s\nAdvisory Committee on Heritable Disorders in Newborns and Children shall be\nperformed seven days a week.\n\nH. The program for screening infants for sickle cell diseases shall be conducted\nin addition to the programs provided for in Article 8 (&#xA7; 32.1-68 et seq.).\n\nHISTORY: Code 1950, \u00a7\u00a7 32-112.1, 32-112.9; 1966, c. 179; 1979, c. 711; 1983,\nc. 582; 1986, c. 172; 1988, c. 97; 1992, cc. 747, 873; 2001, c. 255; 2002, c.\n440; 2004, c. 760; 2005, cc. 717, 721; 2012, cc. 147, 476, 507; 2018, c. 531;\n2025, c. 483.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}