                                 CODE OF VIRGINIA

CERTAIN NEWBORN SCREENING REQUIRED (§ 32.1-65)

A. 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.

B. 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.

C. 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:

   1. 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

   2. 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.
   				The 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. 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.

E. The Department shall submit a status report to the General Assembly on the
screening program annually. Such status report shall include:

   1. The current disorders included under the Commonwealth&#8217;s screening
   program;

   2. Any new disorders currently under consideration or recommended for
   inclusion under the Commonwealth&#8217;s screening program;

   3. 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;

   4. 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

   5. 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.

F. 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.

G. 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.

H. 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.).

HISTORY: Code 1950, §§ 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.