50-19-203. Newborn screening and followup for metabolic and genetic disorders. (1) A person in charge of a facility in which a child is born or a facility in which a newborn is provided care or a person responsible for the registration of the birth of a newborn shall ensure that each newborn is administered tests designed to detect inborn metabolic and genetic disorders as required under rules adopted by the department. The department shall initiate rulemaking to add testing for a new metabolic or genetic disorder to the newborn screening panel on occurrence of the following:

(a) a reliable test or series of tests for screening newborns for a genetic or metabolic condition using dried blood spots or other testing is developed and registered with the United States food and drug administration;

(b) quality assurance testing methodology is available and approved by the United States centers for disease control and prevention;

(c) necessary materials for the testing and quality assurance testing are commercially available; and

(d) the newborn screening advisory committee has recommended that the test be added to the newborn screening protocol.

(2) (a) The tests must be done by an approved laboratory. An approved laboratory must be the laboratory of the department or a laboratory approved by the department.

(b) A laboratory shall destroy any genetic materials submitted for a newborn if requested by a parent or guardian as provided in 50-19-206.

(c) A facility that collected samples for tests required under this section shall destroy any excess genetic material that was collected and was not sent to an approved laboratory for testing.

(3) The department shall contract with one or more providers qualified to provide followup services, including counseling and education, for children and parents of children identified with metabolic or genetic disorders to ensure the availability of followup services.