§1081.2. Tests

            A.(1) The physician attending a newborn child, or the person attending a newborn child who was not attended by a physician, shall, except as may be otherwise provided in this Section, cause the child to be subjected to tests for all genetic or other congenital conditions listed in the rule promulgated by the Louisiana Department of Health pursuant to Subsection B of this Section; however, no such tests shall be given to any child whose parents or guardians object thereto.

            (2) If any of the tests are positive, the attending physician or person shall notify the Louisiana Department of Health.

            (3) The department shall follow up all positive tests with the attending physician who notified the department thereof and with the parents of the newborn child when such notification was made by a person other than a physician, and, when confirmed, shall inform either the physician or parents or both of the services and facilities that are available from the Louisiana Department of Health and from other state boards, departments, and agencies that are cooperating with the department in carrying out the programs authorized by this Subpart. Such follow-up shall include the availability of board eligible or board certified geneticists and appropriate ancillary personnel including genetic counselors and laboratory technicians trained to operate clinical biochemical genetics laboratory equipment. In the event there is an insufficient amount of counselors, the department shall determine which genetic tests shall be suspended until the proper number of genetic counselors are available.

            (4) These services and facilities shall be made available to the extent needed by the family and physician. The Louisiana Department of Health and the other state departments and agencies cooperating with it shall, in cooperation with the attending physician, provide for the continued medical care, dietary, and other related needs of such children where necessary or desirable.

            (5) The laboratory established by the Louisiana Department of Health pursuant to R.S. 40:1081.1(B) shall provide testing for each condition listed in the rule promulgated by the Louisiana Department of Health pursuant to Subsection B of this Section; however, such testing and the services and facilities required by Paragraphs (3) and (4) of this Subsection shall be subject to available funding.

            B.(1) Pursuant to the rule adopted in accordance with the Administrative Procedure Act, the Louisiana Department of Health shall set forth a list of genetic or other congenital conditions for which a newborn shall be tested; however, no approved test for any genetic or other congenital condition added shall be given to any child whose parents or guardians object thereto.

            (2) At least annually, the list shall be reviewed by the state health officer, in consultation with departmental genetic disease advisory subject matter experts, to determine whether additional conditions, including conditions added to the United States Department of Health and Human Services' Recommended Uniform Screening Panel (RUSP), should be recommended to the secretary of the department for inclusion therein.

            (3) After adding a condition to the list by rulemaking, the Louisiana Department of Health shall request a legislative appropriation for any funding necessary for conducting the test and providing the services required in accordance with Subsection A of this Section.

            (4) The department shall provide an annual report to the legislature, beginning March 1, 2024, of any condition added to the RUSP and the department's review and determination on the condition.

            Acts 1999, No. 328, §1; Acts 2004, No. 278, §1; Acts 2006, No. 754, §1, eff. Jan. 1, 2007; Redesignated from R.S. 40:1299.1 by HCR 84 of 2015 R.S.; Acts 2016, No. 507, §1, special eff. date.; Acts 2021, No. 305, §1, eff. Jan. 1, 2022; Acts 2023, No. 17, §1, eff. May 30, 2023.