Committee approves newborn-screening rule update; department to move some language into statute

A committee approved a pending rule docket that updates administrative language for Idaho’s newborn-screening program, removes provisions duplicative of statute, and signals that the Department of Health and Welfare intends to move remaining program provisions into statute.

What changed

Department staff said the chapter was reduced to remove duplication with statute (the department cited Idaho code tracing newborn-screening requirements to 1921) and to modernize and clarify language. The draft rule replaces some existing rule-language "must" requirements with "should" or similar phrasing to align the rule text with what the department plans to propose for statute.

Key points from the committee exchange

- Why the edits: Catherine Humphrey, Maternal and Child Health Section Manager, said the edits "modernize and update the language to remove duplication" and that the changes do not alter how screening is conducted or how specimens are sent to the laboratory. - "Must" versus "should": Representative Egbert asked about shifting terms such as "must" to "should." Department staff and the director said the department is aligning rule language with statutory policy that will be proposed in a forthcoming bill and that some of the rule-language changes are meant to avoid technical noncompliance for minor operational variations (for example, courier use or record-keeping practices). - Applicability to location of birth: Representative Kaler asked whether removal of the word "in hospital" means the requirement now applies to all infants regardless of birth location. The department replied that universal newborn screening has been required by Idaho statute since 1921 and applies regardless of birth setting; longstanding religious exemptions remain in statute. - Timing and discharge: Dr. Marcia Witte, Division of Public Health, said the department recommends the first screen occur between 24 and 48 hours of age but that it is not required that the mother and baby remain in the hospital if discharge occurs earlier; the rule also states screening should be done at discharge if earlier than the recommended window. The department did not have data on how often mothers remain for the screening. - Incorporation by reference: Committee members asked about updates to the incorporated reference (the record refers to moving from a fifth to a seventh edition of an external manual). Department staff said they will provide committee members with a summary of substantive changes in the incorporated material.

Votes and next steps

- The committee voted to accept the newborn-screening docket by voice vote after discussion; the department said it will bring a companion bill to move substantive rule provisions into statute so that future policy changes begin with the legislature.

Quote

"It doesn't change any of the process of how the screening is conducted or how it's sent to the lab for a screening." — Catherine Humphrey, Maternal and Child Health Section Manager, Division of Public Health, Department of Health and Welfare

Ending

Department staff committed to provide committee members with details about the incorporated reference update and to pursue legislation this session to codify remaining department-facing policy into statute. Committee members asked the department to provide any available data on hospital stays to perform the screening; staff said they did not have that data at the meeting.