25-17 Testing and Treatment of Newborns
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formulated to have less than one gram of protein per serving and is intended to be
used under the direction of a physician for the dietary treatment of a metabolic
disease. The term does not include a natural food that is naturally low in protein.2."Medical food" means a food that is intended for the dietary treatment of a disease
or condition for which nutritional requirements are established by medical evaluation
and is formulated to be consumed or administered under the direction of a
physician.3."Metabolic disease" means a disease as designated by rule of the state health
council for which early identification and timely intervention will lead to a significant
reduction in mortality, morbidity, and associated disabilities.25-17-01. Newborn screening education programs and tests. The state departmentof health shall:1.Develop and implement a metabolic disease educational program among
physicians, hospital staffs, public health nurses, and the citizens of this state. This
educational program must include information about the nature of the diseases and
about screening for the early detection of these diseases so that proper measures
may be taken to reduce mortality, morbidity, and associated disabilities.2.Provide, on a statewide basis, a newborn screening system and short-term followup
services for metabolic diseases.3.Coordinate with or refer individuals to public and private health care service
providers for long-term followup services for metabolic diseases.25-17-02.Rulemaking requirement.The state health council shall adopt rulesnecessary to implement this chapter.25-17-03.Treatment for positive diagnosis - Registry of cases.The statedepartment of health shall:1.Follow up with attending physicians cases with positive tests for metabolic diseases
in order to determine the exact diagnosis.2.Refer every diagnosed case of a metabolic disease to a qualified health care
provider for necessary treatment of the metabolic disease.3.Maintain a registry of cases of metabolic diseases.4.Provide medical food at no cost to males under age twenty-two and females under
age forty-five who are diagnosed with phenylketonuria or maple syrup urine disease,
regardless of income. If treatment services under this subsection are provided to an
individual by the department, the department may seek reimbursement from any
government program that provides coverage to that individual for the treatment
services provided by the department.5.Offer for sale at cost medical food to females age forty-five and over and to males
age twenty-two and over who are diagnosed with phenylketonuria or maple syrupPage No. 1urine disease, regardless of income. These individuals are responsible for payment
to the department for the cost of medical food.6.Provide low-protein modified food products, if medically necessary as determined by
a qualified health care provider, to females under age forty-five and males under age
twenty-two who are receiving medical assistance and are diagnosed with
phenylketonuria or maple syrup urine disease.25-17-04. Testing and reporting requirements. The physician attending a newbornchild, or the birth attendant in the case of an out-of-hospital birth, shall cause that newborn child
to be subjected to testing for metabolic diseases, in the manner prescribed by the state
department of health. A physician attending a patient with a metabolic disease shall report the
case to the state department of health. The testing requirements of this section do not apply if
the parents of a newborn child object to the testing on the grounds that testing for metabolic
diseases conflicts with their religious tenets and practices.25-17-05. Testing charges. The state health council may adopt rules that establishreasonable fees and may impose those fees to cover the costs of administering tests under this
chapter. All test fees collected by the state department of health must be deposited in the state
department of health operating account.Page No. 2Document Outlinechapter 25-17 testing and treatment of newborns