HB0480 94TH GENERAL ASSEMBLY

LRB094 06314 LJB 36389 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0480

Introduced 1/27/2005, by Rep. John E. Bradley - Kevin Joyce

SYNOPSIS AS INTRODUCED:

New Act

Creates the Newborn Eye Pathology Act. Establishes the Newborn Eye Pathology Screening Task Force to advise the Department of Public Health on newborn eye pathology screening protocol. Provides that the Department, in consultation with representatives of the Newborn Eye Pathology Task Force, shall adopt the protocol developed by the American Academy of Pediatrics to optimally detect the presence of treatable causes of blindness in infants by 2 months of age. Provides that the Act shall not be construed to supersede the clinical judgment of the licensed health care provider or a parent or guardian of a newborn who objects to the examination on the grounds that the examination conflicts with his or her religious beliefs or practices.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Newborn Eye Pathology Screening Act.

Section 5. Policy and legislative findings.

(a) It is the policy of the State of Illinois to make every effort to detect pediatric congenital ocular abnormalities that lead to premature death, blindness, or vision impairment unless treated soon after birth.

(b) The General Assembly finds and declares the following:

(1) Treatable congenital ocular diseases occur frequently and require increased early detection efforts.

(2) Early detection significantly enhances the ability to prevent serious damage from congenital abnormalities of the eye which, left undetected and untreated, may result in blinding or life-threatening diseases, or both. Examples of such disorders include retinoblastoma, congenital cataracts, and persistent hyperplastic primary vitreous. Other congenital anomalies including colobomas, vascular retinal anomalies, and congenital retinal folds can be treated with patching the good eye to prevent dense amblyopia if detected early.

(3) Retinoblastoma is a childhood cancer arising in immature retinal cells inside the eye and accounts for approximately 13% of all cancers in infants. Most children are diagnosed before 2 1/2 years of age. When retinoblastoma affects both eyes, the average age of diagnosis is 12 months.

(4) Increased emphasis on optimal examination methods, such as dilation of the eye with eye drops, may facilitate detection of the abnormal disease process inside the eye of the newborn. An abnormal screen will facilitate timely referral to an appropriately licensed health care provider acting within his or her scope of practice for diagnosis and to an ophthalmologist for treatment.

(5) Early detection and referral of an abnormal red reflex pupillary screen would allow early diagnosis of congenital cataract or retinoblastoma which, if recognized and treated as soon as possible after birth, could cause little long-term disability.

(6) Early diagnosis and intervention can reduce the number of visually impaired citizens and reduce the amount of public expenditures for health care, special education, and related services.

Section 10. Newborn Eye Pathology Screening Task Force.

(a) The Newborn Eye Pathology Screening Task Force is established to advise the Department of Public Health on the newborn eye pathology screening protocol.

(b) The Director of Public Health shall appoint members of the Task Force, including, but not limited to, the following:

(1) An ophthalmologist with a background in or knowledge of providing services to infants with retinoblastoma.

(2) A pediatric ophthalmologist who sees general pediatric patients and is a designee of the American Association for Pediatric Ophthalmology and Strabismus.

(3) An academic pediatrician with a background in or knowledge of infant eye pathology screening.

(4) A parent representing families with child blindness or other ocular abnormalities affecting vision.

(5) A community pediatrician with a background in or experience with the routine instillation of dilating eye drops as part of the red reflex screening.

(6) A nurse with a background in or knowledge of the current Department's program for instillation of eye drops to prevent conjunctivitis.

(7) A retinal specialist with research experience in detecting the signs of treatable congenital eye disease.

(8) An optometrist with a background in or experience with pupil dilation in infants and red reflex screening for intraocular pathology.

(c) The Task Force members shall serve without compensation, but shall be reimbursed for necessary travel expenses incurred in the performance of their duties.

Section 15. Protocol.

(a) The Department, in consultation with representatives of the Newborn Eye Pathology Task Force, shall adopt the protocol developed by the American Academy of Pediatrics to optimally detect the presence of treatable causes of blindness in infants by 2 months of age. If a protocol is not developed within 6 months of the effective date of this Act, the Department, in consultation with representatives of the Newborn Eye Pathology Task Force, shall establish a protocol to optimally detect the presence of treatable causes of blindness in infants by 2 months of age.

(b) If the American Academy of Pediatrics develops a protocol to optimally detect the presence of treatable causes of blindness by 2 months of age after the adoption of the protocol developed by the Department, the Department shall conform its protocol to the protocol adopted by the American Academy of Pediatrics.

(c) Any screening examination recommended pursuant to subsection (a) of this Section shall not be conducted on a newborn if a parent or guardian of the newborn objects to the examination on the grounds that the examination conflicts with the religious beliefs or practices of the parent or guardian.

(d) Nothing in this Section shall be construed to supersede the clinical judgment of the licensed health care provider.