Report Title:
Hawaii Birth Defects Program; Establishment
Description:
Authorizes department of health to establish a statewide Hawaii birth defects program. (SB598 HD1)
|
THE SENATE |
S.B. NO. |
598 |
|
TWENTY-FIRST LEGISLATURE, 2001 |
S.D. 2 |
|
|
STATE OF HAWAII |
H.D. 1 |
|
|
|
A BILL FOR AN ACT
RELATING TO BIRTH DEFECTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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 birth defect, stillbirth, neonatal and postnatal death up to one-year-of-age, and spontaneous or intentional termination of pregnancy for suspected or confirmed birth defect.
"Birth defect" means an abnormality of structure, function, or body metabolism present at birth that adversely affects a child's health and development, results in a physical or mental disability, or is fatal.
§321- Birth defects program. (a) The department of health may establish a statewide Hawaii birth defects program to:
(1) Collect and disseminate data to help prevent and ameliorate birth defects and other adverse reproductive outcomes; and
(2) Distribute information to health care providers for families who have children with birth defects about services available to support care of the child and family.
(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) The material collected under this part shall be used or published only for the purpose of advancing medical research, medical education, or education of the public in the interest of reducing birth defects. The identity, or any group of facts which tends to lead to the identity, of any person whose condition or treatment has been studied shall be confidential and shall not be revealed in any report or any other matter prepared, released, or published.
(d) The birth defects program shall develop and implement:
(1) Procedures for the collection, analysis, and distribution of information to the public and government agencies;
(2) Procedures for providing information to health care providers relating to services available to the families of children with birth defects to help improve health, emotional, and educational outcomes; and
(3) Policies and procedures to maintain confidentiality of the affected families.
§321- Birth defects special fund. (a) The department is authorized to issue commemorative souvenir birth and marriage certificates. These certificates shall be issued by the birth defects program and shall not be used for official purposes.
(b) There is established in the treasury of the State the birth defects special fund, into which shall be deposited all moneys collected by the department from the sale of commemorative souvenir birth and marriage certificates.
(c) Moneys in the birth defects special fund shall be used for the payment of operating expenses of the birth defects program.
(d) All unexpended and unencumbered moneys remaining in the birth defects special fund at the close of each fiscal year which are deemed, by the director of health, to be in excess of the moneys necessary to carry out the purposes of this part over the next following fiscal year shall lapse to the credit of the state general fund.
(e) The director shall submit an annual report to the legislature twenty days prior to the convening of each regular session, identifying fund balances, transfers, and expenditures made from the birth defects special fund, and the purposes of each expenditure.
(f) The director may adopt rules pursuant chapter 91 as necessary to set fees for the commemorative souvenir birth and marriage certificates and as necessary for the purpose of this part."
SECTION 2. There is appropriated out of the birth defects special fund the sum of $1 or so much thereof as may be necessary and available for fiscal year 2001-2002 and the sum of $1 or so much thereof as may be necessary and available for fiscal year 2002-2003.
The sums 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.