DAR File No. 27444

Health, Community and Family Health Services, Children with Special Health Care Needs

R398-5

Birth Defects Reporting

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 27444
Filed: 09/22/2004, 09:04
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule established reporting requirements for birth defects in Utah and for birth defect-related test results under the statutory authority of the Utah Department of Health to collect information that impacts the public health (Subsections 26-1-30(2)(c), (d), (e), (g), (p), (t); and Sections 26-10-2 and 26-25-1.)

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been filed since the inception of this rule in 1999.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The Birth Defects Reporting Rule (Rule R398-5) is needed and should be continued to continue the identification and reporting of any pregnancy or infant where a birth defect has been diagnosed. The monitoring of birth defects provides the state with the following: 1) it establishes baseline prevalence rates of specific birth defects; 2) it monitors prevalence rates over time to assess whether an increase or decrease (after implementation of a prevention measure) occurs: 3) when an increase in prevalence occurs, it facilitates the determination of the cause; 4) when a prevention activity is feasible or available, it facilitates the implementation and monitoring of prevalence to establish a decline; and 5) when an environmental agent or exposure occurs, the Utah Birth Defects Network has the capacity to monitor birth defects that might be associated with the exposure, assist with a public health intervention and assess whether this intervention has impacted prevalence.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Marcia Feldkamp at the above address, by phone at 801-584-8443, by FAX at 801-584-8488, or by Internet E-mail at mfeldkamp@utah.gov

Authorized by:

Scott D. Williams, Executive Director

ADDITIONAL INFORMATION

PLEASE NOTE:

• Please see the DISCLAIMER regarding information available from state web pages.

For questions regarding the content or application of this rule, please contact Marcia Feldkamp at the above address, by phone at 801-584-8443, by FAX at 801-584-8488, or by Internet E-mail at mfeldkamp@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.