AB 371

This bill makes various changes to the birth defect prevention and surveillance

system. Under current law, with consent of a parent or guardian of an infant or child

who has been diagnosed with or is suspected of having a birth defect, a physician or

pediatric specialty clinic is required to report the diagnosis or suspicion of birth

defect to the Department of Health Services if the birth defect is on a list promulgated

by rule. A hospital is allowed, with parent or guardian consent, to report the

diagnosis or suspicion of birth defect to DHS. The bill, instead of requiring

affirmative consent for birth defect reporting, allows the parent or guardian to state

in writing that he or she refuses to release the name or address of the child.

Under current law, DHS is required to promulgate rules to specify which birth

defects are required to be reported. This bill requires the DHS secretary to maintain

a list of birth defects that the Council on Birth Defect Prevention and Surveillance

has unanimously decided should be required to be reported. The bill requires that

DHS specify by rule any birth defects that it determines are required to be reported

and that the council has not unanimously decided to to require to be reported.

Under current law, information in reports to the birth defect prevention and

surveillance system that identifies the subject of the report is confidential except

under certain conditions, such as releasing the information to the parent or guardian

of the infant or child for whom the report is made or to a local health officer or other

coordinator of a special needs program to render and coordinate services. This bill

allows release of information identifying the subject of the report to the state

registrar, vital records system, and other data systems of the state or a federal agency

for the purposes of determining whether multiple reports are made for the same

infant or child, matching information with vital records and other registries, and

making referrals to intervention and treatment.

The bill eliminates a provision in the administrative code for DHS that requires

DHS to delete the name of the child from the report within 10 years of the date of

receipt of the report by the birth defects prevention and surveillance system. The bill

also conforms the administrative code for DHS to the statutory changes in the bill.