Utah Department of Administrative Services Division of Administrative Rules

File No. 32957

This notice was published in the October 1, 2009, issue (Vol. 2009, No. 19) of the Utah State Bulletin.


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

Rule R398-1

Newborn Screening

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 32957
Filed: 09/10/2009 09:59:24 AM

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:

Section 26-10-6, Testing of newborn infants, requires each newborn infant in Utah to be tested for phenylketonuria and other metabolic diseases, which may result in mental retardation or brain damage. This statute authorizes the Utah Department of Health to charge fees to cover the costs of testing infants and following up with parents of the tested infants. Since the purpose of testing newborn infants under Section 26-10-6 is to prevent mental retardation or brain damage by early identification and treatment of specified metabolic diseases, such testing is correctly considered to be a matter materially affecting the preservation and improvement of public health in the state. Hence, the department is authorized to adopt rules on the testing of newborn infants required by Section 26-10-6.

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 comments have been received.

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

The department cannot assure the proper testing and follow up of every newborn infant in Utah without establishing by rule the definitions, required tests, testing procedures, responsibilities, timing, and follow up procedures. For these reasons, Rule R398-1 was established and must be continued.

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

Health
Community and Family Health Services, Children with Special Health Care Needs
44 N MARIO CAPECCHI DR
SALT LAKE CITY, UT 84113

Direct questions regarding this rule to:

  • Fay Keune at the above address, by phone at 801-584-8256, by FAX at 801-536-0966, or by Internet E-mail at fkeune@utah.gov

Effective:

09/10/2009

Authorized by:

David Sundwall, Executive Director


Additional Information

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at http://www.rules.utah.gov/publicat/bull-pdf/2009/b20091001.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

For questions regarding the content or application of this rule, please contact Fay Keune at the above address, by phone at 801-584-8256, by FAX at 801-536-0966, or by Internet E-mail at fkeune@utah.gov.