Report Title:

Birth Defects

Description:

Establishes a Birth Defects Program in the DOH. Allows DOH to collect data on birth defects and other adverse reproductive outcomes, and to provide information to families and health care providers about health and early intervention services. Establishes a Birth Defects Special Fund to pay for operating expenses of the Birth Defects Program.

THE SENATE

S.B. NO.

2763

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO BIRTH DEFECTS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 321, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . BIRTH DEFECTS PROGRAM

§321- Definitions. As used in this part, unless the context requires otherwise:

"Adverse reproductive outcome" means a birth defect, stillbirth, infant death up to one year of age, or spontaneous or medical termination of pregnancy for a birth defect.

"Birth defect" means an abnormality of structure, function, or body metabolism present at birth that adversely affects a child's health and development, results in a physical or mental disability, or is fatal.

§321- Birth defects program. (a) The department of health may establish a statewide birth defects program to:

(1) Provide information on the incidence and trends of birth defects and other adverse reproductive outcomes;

(2) Provide information on genetic, environmental, and other causes of birth defects and other adverse reproductive outcomes;

(3) Provide information for the development of prevention strategies to reduce the incidence of birth defects and other adverse reproductive outcomes; and

(4) Improve the access of children with birth defects to health and early intervention services.

(b) To ensure an accurate and continuing source of data concerning birth defects, providers of health care shall report or make available to the birth defects program information contained in health care records that pertains to diagnosed or suspected birth defects or other adverse reproductive outcomes.

(c) To improve the access of children with birth defects to health and early intervention services, the department may provide information about available services to families or their health care providers.

(d) The department shall maintain the confidentiality of all material collected under this part.

(e) Statistical data and information that do not allow the identification of any person may be provided to the public.

(f) The department shall adopt rules, pursuant to chapter 91, necessary for this part, including the reporting of birth defects or other adverse reproductive outcome to the birth defects program, access of the birth defects program to information contained in health care records that pertains to diagnosed or suspected birth defects or other adverse reproductive outcome, provision of information about available services to families or their health care providers, confidentiality of collected information, and the use or publication of material collected under this part.

(g) There is established within the state treasury a birth defects special fund, to be administered and expended by the department of health. Fees remitted pursuant to section 572-5 shall be deposited into the special fund. Moneys in the fund shall be used for the payment of the operating expenses of the birth defects program."

SECTION 2. There is appropriated out of the birth defects special fund the sum of $200,000 or so much thereof as may be necessary for fiscal year 2002-2003. The sum appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 3. This Act shall take effect on July 1, 2002.

INTRODUCED BY:

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