WSR 17-14-102
PROPOSED RULES
STATE BOARD OF HEALTH
[Filed July 3, 2017, 2:56 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-01-046.
Title of Rule and Other Identifying Information: WAC 246-650-010 and 246-650-020, the Washington state board of health (SBOH) is proposing to amend the newborn screening rules to add X-linked adrenoleukodystrophy (X-ALD) to the list of mandatory conditions for newborn screening conducted by the department of health.
Hearing Location(s): Washington State Capitol Campus, Cherberg Building, Senate Hearing Room 3, 304 15th Avenue S.W., Olympia, WA 98501, on August 9, 2017, at 1:30 p.m.
Date of Intended Adoption: August 9, 2017.
Submit Written Comments to: Sierra Rotakhina, P.O. Box 47990, Olympia, WA 98504-7990, email https://fortress.wa.gov/doh/policyreview, fax (360) 236-4088, by July 26, 2017.
Assistance for Persons with Disabilities: Contact Sierra Rotakhina by July 26, 2017, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to amend WAC 246-650-010, and 246-650-020 to add X-ALD to the panel of disorders that every newborn must be tested for unless the parents or guardian object on the grounds that such tests conflict with their religious tenets and practices.
Reasons Supporting Proposal: X-ALD is a disabling and deadly disease that, when detected through newborn screening, can be treated with bone marrow transplants, adrenal hormone replacement, or other treatment before irreversible damage is caused by the disorder. The United States Department of Health and Human Services recommends X-ALD be included in all state's newborn screening programs. Careful review by a technical advisory committee concluded that X-ALD meets all of SBOH's criteria for inclusion on the screening panel. The board has reviewed and accepted the committee's recommendation.
Statutory Authority for Adoption: RCW 70.83.050.
Statute Being Implemented: RCW 70.83.020.
Rule is not necessitated by federal law, federal or state court decision.
Comments or recommendations, if any, as to statutory language, implementation, enforcement, and fiscal matters: Both the board of health and the department of health are in agreement with the intent and the language of the proposed changes to chapter 246-650 WAC.
Name of Proponent: Washington SBOH and department of health, governmental.
Name of Agency Personnel Responsible for Drafting: Sierra Rotakhina, 101 Israel Road S.E., Tumwater, WA 98504-7990, (360) 236-4106; Implementation and Enforcement: John Thompson, 1610 N.E. 150th Street, Shoreline, WA 98155, (206) 418-5531.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule would not impose more than minor costs on businesses in an industry.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Sierra Rotakhina, SBOH, P.O. Box 47990, Olympia, WA 98504-7990, phone (360) 236-4106, fax (360) 236-4088, email sierra.rotakhina@sboh.wa.gov.
July 3, 2017
Michelle A. Davis
Executive Director
AMENDATORY SECTION (Amending WSR 14-21-017, filed 10/2/14, effective 11/2/14)
WAC 246-650-010 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
For the purposes of this chapter:
(1) "Amino acid disorders" means disorders of metabolism characterized by the body's inability to correctly process amino acids or the inability to detoxify the ammonia released during the breakdown of amino acids. The accumulation of amino acids or their by-products may cause severe complications including mental retardation, coma, seizures, and possibly death. For the purpose of this chapter amino acid disorders include: Argininosuccinic acidemia (ASA), citrullinemia (CIT), homocystinuria (HCY), maple syrup urine disease (MSUD), phenylketonuria (PKU), and tyrosinemia type I (TYR I).
(2) "Board" means the Washington state board of health.
(3) "Biotinidase deficiency" means a deficiency of an enzyme (biotinidase) that facilitates the body's recycling of biotin. The result is biotin deficiency, which if undetected and untreated, may result in severe neurological damage or death.
(4) "Congenital adrenal hyperplasia" means a severe disorder of adrenal steroid metabolism which may result in death of an infant during the neonatal period if undetected and untreated.
(5) "Congenital hypothyroidism" means a disorder of thyroid function during the neonatal period causing impaired mental functioning if undetected and untreated.
(6) "Cystic fibrosis" means a life-shortening disease caused by mutations in the gene encoding the cystic fibrosis transmembrane conductance regulator (CFTR), a transmembrane protein involved in ion transport. Affected individuals suffer from chronic, progressive pulmonary disease and nutritional deficits. Early detection and enrollment in a comprehensive care system provides improved outcomes and avoids the significant nutritional and growth deficits that are evident when diagnosed later.
(7) "Department" means the Washington state department of health.
(8) "Fatty acid oxidation disorders" means disorders of metabolism characterized by the inability to efficiently use fat to make energy. When the body needs extra energy, such as during prolonged fasting or acute illness, these disorders can lead to hypoglycemia and metabolic crises resulting in serious damage affecting the brain, liver, heart, eyes, muscle, and possibly death. For the purpose of this chapter fatty acid oxidation disorders include: Carnitine uptake defect (CUD), long-chain L-3-OH acyl-CoA dehydrogenase deficiency (LCHADD), medium-chain acyl-CoA dehydrogenase deficiency (MCADD), trifunctional protein deficiency (TFP), and very long-chain acyl-CoA dehydrogenase deficiency (VLCADD).
(9) "Galactosemia" means a deficiency of enzymes that help the body convert the simple sugar galactose into glucose resulting in a buildup of galactose and galactose-1-PO4 in the blood. If undetected and untreated, accumulated galactose-1-PO4 may cause significant tissue and organ damage often leading to sepsis and death.
(10) "Hemoglobinopathies" means a group of hereditary blood disorders caused by genetic alteration of hemoglobin which results in characteristic clinical and laboratory abnormalities and which leads to developmental impairment or physical disabilities.
(11) "Organic acid disorders" means disorders of metabolism characterized by the accumulation of nonamino organic acids and toxic intermediates. This may lead to metabolic crisis with ketoacidosis, hyperammonemia and hypoglycemia resulting in severe neurological and physical damage and possibly death. For the purpose of this chapter organic acid disorders include: 3-OH 3-CH3 glutaric aciduria (HMG), beta-ketothiolase deficiency (BKT), glutaric acidemia type I (GA 1), isovaleric acidemia (IVA), methylmalonic acidemia (CblA,B), methylmalonic acidemia (mutase deficiency) (MUT), multiple carboxylase deficiency (MCD), and propionic acidemia (PROP).
(12) "Newborn" means an infant born in any setting in the state of Washington.
(13) "Newborn screening specimen/information form" means the information form provided by the department including the filter paper portion and associated dried blood spots. A specimen/information form containing patient information is "health care information" as used in chapter 70.02 RCW.
(14) "Significant screening test result" means a laboratory test result indicating a suspicion of abnormality and requiring further diagnostic evaluation of the involved infant for the specific disorder.
(15) "Severe combined immunodeficiency (SCID)" means a group of congenital disorders characterized by profound deficiencies in T- and B- lymphocyte function. This results in very low or absent production of the body's primary infection fighting processes that, if left untreated, results in severe recurrent, and often life-threatening infections within the first year of life.
(16) "X-linked adrenoleukodystrophy (X-ALD)" means a peroxisomal disorder caused by mutations in the ABCD1 gene located on the X chromosome. If untreated this can lead to adrenocortical deficiency, damage to the nerve cells of the brain, paralysis of the lower limbs, mental decline, disability, or death.
AMENDATORY SECTION (Amending WSR 14-21-017, filed 10/2/14, effective 11/2/14)
WAC 246-650-020 Performance of screening tests.
(1) Hospitals and other providers of birth and delivery services or neonatal care to infants shall:
(a) Inform parents or responsible parties, by providing a departmental information pamphlet or by other means, of:
(i) The purpose of screening newborns for congenital disorders;
(ii) Disorders of concern as listed in WAC 246-650-020(2);
(iii) The requirement for newborn screening;
(iv) The legal right of parents or responsible parties to refuse testing because of religious tenets or practices as specified in RCW 70.83.020; and
(v) The specimen storage, retention and access requirements specified in WAC 246-650-050.
(b) Obtain a blood specimen for laboratory testing as specified by the department from each newborn no later than forty-eight hours following birth.
(c) Use department-approved newborn screening specimen/information forms and directions for obtaining specimens.
(d) Enter all identifying and related information required on the specimen/information form following directions of the department.
(e) In the event a parent or responsible party refuses to allow newborn screening, obtain signatures from parents or responsible parties on the department specimen/information form.
(f) Forward the specimen/information form with dried blood spots or signed refusal to the Washington state public health laboratory so that it will be received no later than seventy-two hours following collection of the specimen, excluding any day that the state laboratory is closed.
(2) Upon receipt of specimens, the department shall:
(a) Record the time and date of receipt;
(b) Perform appropriate screening tests for:
(i) Biotinidase deficiency;
(ii) Congenital hypothyroidism;
(iii) Congenital adrenal hyperplasia;
(iv) Galactosemia;
(v) Hemoglobinopathies;
(vi) Cystic fibrosis;
(vii) The amino acid disorders: Argininosuccinic acidemia (ASA), citrullinemia (CIT), homocystinuria, maple syrup urine disease (MSUD), phenylketonuria (PKU), and tyrosinemia type I (TYR 1);
(viii) The fatty acid oxidation disorders: Carnitine uptake defect (CUD), long-chain L-3-OH acyl-CoA dehydrogenase deficiency (LCHADD), medium chain acyl-coA dehydrogenase deficiency (MCADD), trifunctional protein deficiency (TFP), and very long-chain acyl-CoA dehydrogenase deficiency (VLCADD);
(ix) The organic acid disorders: 3-OH 3-CH3 glutaric aciduria (HMG), beta-ketothiolase deficiency (BKT), glutaric acidemia type I (GA 1), isovaleric acidemia (IVA), methylmalonic acidemia (CblA,B), methylmalonic acidemia (mutase deficiency) (MUT), multiple carboxylase deficiency (MCD), propionic acidemia (PROP);
(x) Severe combined immunodeficiency (SCID);
(xi) X-linked adrenoleukodystrophy (X-ALD).
(c) Report significant screening test results to the infant's attending physician or family if an attending physician cannot be identified; and
(d) Offer diagnostic and treatment resources of the department to physicians attending infants with presumptive positive screening tests within limits determined by the department.
(3) Once the department notifies the attending health care provider of significant screening test results, the attending health care provider shall notify the department of the date upon which the results were disclosed to the parent or guardian of the infant. This requirement expires January 1, 2020.