AB 1307 (2009): Newborn Genetic Screening

Type: 
Legislation
Status: 
In Committee
Authors & Coauthors: 
Joan Buchanan
Authors & Coauthors: 
Anthony Portantino
Authors & Coauthors: 
Norma Torres
          Requires the Department of Public Health (DPH) to expand  
          the newborn screening program by January 1, 2011. Requires  
          DPH to consider the most recent screening recommendations  
          of the American College of Medical Genetics (ACMG).

CHANGES TO EXISTING LAW  

          Existing law: 
          Establishes a program for the development, provision, and  
          evaluation of genetic disease testing. Allows DPH to  
          provide laboratory testing facilities, or make grants to,  
          contract with, or make payments to, any laboratory that it  
          deems qualified and cost-effective to conduct testing. 

          Requires the program to provide genetic screening and  
          follow-up services for persons who have the screening.

          Requires the department to expand statewide screening of  
          newborns to include tandem mass spectrometry screening for  
          fatty acid oxidation, amino acid, organic acid disorders,  
          and congenital adrenal hyperplasia, as specified.
                                                         Continued---



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          Requires the department to provide information with respect  
          to specified disorders and available testing resources to  
          all women receiving prenatal care, and to all women  
          admitted to a hospital for delivery. Allows the department  
          to obtain these testing services from  public or private  
          laboratories using a competitive bid process, if unable to  
          provide them by August 1, 2005, or if it is determined to  
          be more cost-effective.

          Requires the department to report to the Legislature  
          regarding the progress of the screening program on or  
          before July 1, 2006, including information on the costs for  
          screening, follow up, and treatment as compared to costs  
          and morbidity averted for each condition tested for in the  
          program.
          This bill:
          Implements a deadline of January 1, 2011, by which the  
          department is to expand statewide screening of newborns for  
          specified disorders.

          Requires the department to consider including in the  
          statewide screening program the most recent recommendations  
          of the American College of Medical Genetics (ACMG) or  
          conditions recommended by another advisory body appointed  
          by the federal Secretary of Health and Human Services.

          Requires the department to implement screening for the  
          recommended conditions within one year of the publication  
          of the recommendations, unless the department determines  
          that screening for a specific condition is not necessary  
          for the advancement of newborn health and notifies the  
          appropriate committees of the Legislature of the  
          determination.

                                  FISCAL IMPACT  

          The Assembly Appropriations Committee estimates no direct  
          fiscal impact for DPH to continue oversight of the newborn  
          screening program and to remain current with clinical  
          recommendations with regard to screening expansions.  
          California currently tests for 76 disorders, including all  
          29 mandatory screenings recommended by ACMG. The current  
          cost of this test is $102.75. Private insurance plans  
          generally pay for the test. Medi-Cal  pays for  




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          approximately 45 percent of all births in California and  
          also covers the cost of the test. It is unknown if the cost  
          of the test will increase to accommodate the additional  
          recommended diseases. 

                            BACKGROUND AND DISCUSSION  

          The author contends that newborn screening to detect  
          genetic disorders can prevent severe disability, mental  
          retardation, or even death. Whether a newborn is screened  
          for particular conditions depends on where he or she is  
          born, because the list of conditions screened varies  
          greatly from state to state. Greater uniformity among  
          testing programs would benefit families, health  
          professionals, and public health agencies. To accomplish  
          this, AB 1307 seeks to require the California statewide  
          newborn screening program to include all conditions  
          recommended in a report by the American College of Medical  
          Genetics, which was commissioned by a joint effort of the  
          federal Maternal and Child Health Bureau and the federal  
          Health Resources and Services Administration. It also  
          encourages the state to be proactive in considering future  
          conditions recommended and approved by the U.S. Secretary  
          of Health and Human Services.

          Newborn screening
          Newborn screening is recognized nationally as an essential  
          preventive health measure. State newborn screening programs  
          are designed to detect newborns that are at high risk for  
          developing diseases with high morbidity and mortality.  
          Early detection allows for timely treatment with proven  
          clinical interventions that are effective in minimizing  
          disease development. The great majority of the conditions  
          for which newborns are screened are genetic. All states in  
          the nation and the District of Columbia have established  
          newborn screening programs.

          According to DPH, California began it's Newborn Screening  
          Program in 1966 with the testing for phenylketonuria (PKU).  
           In October 1980, the program was expanded to include  
          glactosemia, primary congenital hypothyroidism, and a more  
          comprehensive follow-up system.  In 1990, screening for  
          sickle cell disease was added. This also allowed for the  
          identification of some of the related non-sickling  
          hemoglobin disorders. In 1999, the program implemented  




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          screening for hemoglobin H and hemoglobin H- Constant  
          Spring disease.  In July 2005, the program was expanded to  
          include additional metabolic disorders and congenital  
          adrenal hyperplasia (CAH), and in July of 2007, the program  
          was expanded to include cystic fibrosis and biotinidase  
          deficiency. This mandated statewide program is centrally  
          managed by the Genetic Disease Screening Program (GDSP).  


          Disorders screened for by the program have varying degrees  
          of severity. If identified early, many of these conditions  
          can be treated before they cause serious health problems.  
          Treatment for metabolic disorders varies by the condition  
          and can include close monitoring of the person's health,  
          medication, dietary supplements, avoidance of fasting  
          and/or special diets. Treatment for hypothyroidism and CAH  
          includes hormone medication. Detection of sickle cell  
          disease in newborns makes possible early comprehensive  
          care, which includes the initiation of penicillin  
          prophylaxis and parent education (e.g., identification of  
          early warning signs and preventive health measures),  
          factors which have been shown to reduce morbidity and  
          mortality. Early detection of thalassemia disorders allows  
          for close monitoring for infections and anemia. Ongoing  
          health care and close monitoring help children with  
          hemoglobin disorders stay as healthy as possible.

          California state law requires that all babies born in the  
          state have the Newborn Screening (NBS) Test before leaving  
          the hospital, and the only legal ground for refusal to test  
          is if the parents cite a conflict with beliefs and  
          practices.  A small blood sample is taken from the  
          newborn's heel and collected on filter paper. The sample is  
          sent to one of eight regional laboratories that contract  
          with the state for testing.  The test screens for specific  
          metabolic, endocrine, and hemoglobin disorders, as well as  
          cystic fibrosis.   The laboratories enter demographic data  
          and test results on terminals linked to the Genetic Disease  
          Screening Program central computer, located in Richmond.   
          Laboratory work is subjected to both computerized and  
          manual quality control checks before test results are  
          released.  Due to biological variability of newborns and  
          differences in detection rates for the various disorders in  
          the newborn period, the Newborn Screening Program does not  
          identify all newborns with these conditions.




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          Additions to the screening program
          With advances occurring in screening technology, diagnostic  
          procedures, and treatment, it will be possible to screen  
          for additional disorders in the future. The department  
          considers adding disorders to the screening program based  
          on the following criteria: 1) the importance of the health  
          problem, in terms of frequency, seriousness, and high costs  
          of care; 2) its association with known symptoms; 3) whether  
          an effective treatment exists that could improve quality of  
          life; 4) whether the disease can be reliably and  
          economically detected; and, 5) whether there are adequate  
          measures to confirm the disorder and provide follow-up  
          treatment. Other considerations can also affect whether  
          and/or when disorders are added to the screening program. 
          
          American College of Medical Genetics (ACMG)
          ACMG is an organization comprised of biochemical, clinical,  
          cytogenetic, medical and molecular geneticists, genetic  
          counselors, and other health care professionals who are  
          committed to the practice of medical genetics. ACMG  
          promotes the development and implementation of methods to  
          diagnose, treat, and prevent genetic diseases. In 2004, the  
          Maternal & Child Health Bureau of the federal Health  
          Resources and Services Administration entered into a  
          cooperative agreement with the ACMG to develop the National  
          Coordinating Center for Regional Genetics and Newborn  
          Screening Collaborative Groups.  As a result, in 2005 ACMG  
          published Newborn Screening: Toward a Uniform Screening  
          Panel and System which recommends a national uniform panel  
          of conditions for newborn screening.

          California currently tests for all of the core conditions  
          and core metabolic conditions recommended by ACMG. The ACMG  
          recommended diseases that California does not currently  
          test for include the following secondary target conditions:  
          two fatty acid disorders, Dienoyl-CoA reductase (DE-RED)  
          and Medium-chain ketoacyl-CoAthiolase (MCKAT); one amino  
          acid disorder, Tyrosinemia type III (TYR-III); and two  
          other metabolic disorders- galactose epimerase (GALE) and  
          Galactokinase (GALK). 
          
          Prior legislation
          SB 527 (Steinberg) of 2008, would have required the State  
          Department of Developmental Services to partner with at  




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          least one regional center to implement a 2-year Autism  
          Spectrum Disorders Early Screening, Intervention, and  
          Treatment Pilot Program in at least 3 key geographic areas.  
          The pilot program would have established best practices for  
          early screening, diagnosis, referral, and treatment for  
          children with ASD. Vetoed by the Governor, who claimed the  
          provisions of the bill can be accomplished administratively  
          with funding from private, non-state general fund sources. 
          
          SB 1748 (Figueroa) of 2006, would have added biotinidase  
          and cystic fibrosis to the existing expansion of the  
          statewide newborn screening program.  Would have permitted  
          funds from the Genetic Disease Testing Fund to be expended  
          to expand the Genetic Disease Branch Screening Information  
          System , and prohibited these funds from being subject to  
          Public Contract and Government Code related information  
          technology project contracting.  Died in the Assembly  
          Appropriations Committee. Provisions enacted through the  
          2006-07 budget trailer bills. 

          AB 1807 (Committee on Budget), Chapter 74, Statutes of  
          2006, included the provisions of SB 1748, among other  
          things. 

          SB 1103 (Committee on Budget and Fiscal Review), Chapter  
          228, Statutes of 2004, required the Genetic Disease Branch  
          to include tandem mass spectrometry screening for fatty  
          acid oxidation, amino acid, and organic acid disorders and  
          congenital adrenal hyperplasia as soon as possible. 

          AB 2427 (Kuehl) Chapter 803, Statutes of 2000, appropriated  
          $3.9 million from the Genetic Disease Testing Fund in order  
          to support the cost of  a trial program to use tandem mass  
          spectometry testing to detect additional hereditary  
          disorders.
          

          Arguments in support
          The California Medical Association supports this bill  
          because they believe it will give the department the  
          authority to keep its newborn genetic screening program  
          current based on uniform national guidelines that were  
          developed by medical experts using scientific criteria.  
          Robust and up-to-date newborn screening programs can help  
          detect, prevent, and treat genetic disease, which can save  




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          lives, save money, and improve quality of life.  Hunter's  
          Hope Foundation claims that thousands of children die or  
          become permanently disabled needlessly every year because  
          they were born in states that do not screen for the maximum  
          number of treatable diseases possible. A child's chance for  
          a healthy start in life should not depend on the state in  
          which they are born. 


                                  PRIOR ACTIONS

           Assembly Floor:     60-16
          Assembly Appropriations:11-1
          Assembly Health:    15-1


                                    POSITIONS  
                                        
          Support:  American Federation of State, County and  
          Municipal Employees
                 California Healthcare Institute
                 California Medical Association
                 California Nurses Association
                 Hunter's Hope Foundation
                 March of Dimes



          Oppose:  None received
AttachmentSize
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Vote Record
Assembly Ayes: Anthony Adams, Tom Ammiano, Juan Arambula, Jim Beall, Jr, Bill Berryhill, Marty Block, Bob Blumenfield, Julia Brownley, Joan Buchanan, Anna Caballero, Charles Calderon, Wilmer Carter, Wesley Chesbro, Connie Conway, Paul Cook, Joe Coto, Mike Davis, Hector De La Torre, Kevin de León, Bill Emmerson, Mike Eng, Noreen Evans, Mike Feuer, Nathan Fletcher, Paul Fong, Felipe Fuentes, Warren Furutani, Cathleen Galgiani, Curt Hagman, Isadore Hall, Mary Hayashi, Edward Hernandez, Jerry Hill, Alyson Huber, Jared Huffman, Dave Jones, Paul Krekorian, Ted Lieu, Bonnie Lowenthal, Fiona Ma, Tony Mendoza, William Monning, Pedro Nava, Brian Nestande, John Pérez, Manuel Pérez, Anthony Portantino, Ira Ruskin, Mary Salas, Lori Saldaña, Nancy Skinner, Jose Solorio, Sandré Swanson, Tom Torlakson, Norma Torres, Alberto Torrico, Van Tran, Mariko Yamada, Karen Bass