Establishes a state birth defects program. Requires annual report.

A BILL FOR AN ACT

SECTION 1. Chapter 321, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . BIRTH DEFECTS PROGRAM

§321- Definitions. As used in this part, unless the context requires otherwise:

"Adverse reproductive outcome" includes, but is not limited to, birth defect, neonatal and postnatal death up to one year of age, medical termination of pregnancy, and fetal death including miscarriage, spontaneous abortion, and stillbirth.

"Birth defect" means any structural or biochemical abnormality, regardless of cause, diagnosed at any time before or after birth, that requires medical or surgical intervention or that interferes with normal growth or development.

§321- Birth defects program. (a) The department of health may establish a statewide Hawaii birth defects program to:

(b) For the purpose of the birth defects program collection of birth defect data, providers of health care shall report or make available to the birth defects program health care records and information relating to the occurrence of birth defects in the form and manner provided by the department. The department shall have access to any medical information that pertains to a diagnosed or suspected birth defect or other adverse reproductive outcome, including the records of the mother and child.

(c) Persons who report, either voluntarily or as required by this part, information required for the birth defects program may not be held liable for reporting the information to the department of health, or any consequences stemming from that reporting.

(d) The birth defects program may develop and implement procedures for the collection, analysis, and distribution of information to the public and government agencies; procedures for providing information to families of children with birth defects and to their primary care providers relating to services available to the family to help improve health, emotional, and educational outcomes; and policies and procedures to maintain confidentiality of the affected families.

(e) The director shall submit an annual report to the legislature twenty days prior to the convening of each regular session.

§321- Rules. The department of health may adopt rules pursuant to chapter 91 as necessary for the purposes of this part."

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $200,000, or so much thereof as may be necessary, for fiscal year 2001-2002, for the birth defects program. The sum appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 3. This Act shall take effect on July 1, 2001.