N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 69-1.4

Current through Register Vol. 46, No. 51, December 18, 2024

Section 69-1.4 - Responsibilities of the birth attendant

Whenever a newborn is born outside of a hospital, the birth attendant shall be responsible for the collection of a satisfactory specimen and shall ensure compliance with the following procedures:

(a) The birth attendant shall inform the parent(s) of each newborn, of the purpose and need for newborn screening, and shall provide newborn screening educational materials made available by the department.

(b) Specimen collection forms shall be properly stored in a cool and dry environment prior to use.

(c) The birth attendant shall collect a satisfactory specimen from every newborn between 24 and 36 hours after birth, and shall submit the satisfactory specimen to the testing laboratory within 24 hours of collection, except under the following circumstances:

(1) If a newborn is transferred to a hospital before 24 hours of age, the birth attendant shall collect an initial satisfactory specimen from the newborn prior to transfer, submit the satisfactory specimen to the testing laboratory, and provide written and/or electronic notification to the receiving hospital that a specimen was collected. The receiving hospital shall collect a repeat specimen from the newborn between 48 and 72 hours after birth.

(d) All specimens shall be air dried thoroughly on a flat nonabsorbent surface for a minimum of three hours prior to forwarding to the testing laboratory. All specimens, including repeat specimens, shall be forwarded to the testing laboratory within 24 hours of collection using the testing laboratory's delivery service or an equivalent arrangement designed to ensure delivery of specimens to the testing laboratory no later than 48 hours after collection.

(e)

(1) When notified by the testing laboratory that a repeat specimen is required, the birth attendant shall notify the parent(s) and responsible provider within one business day that a repeat specimen is required from the newborn. The birth attendant shall collect the repeat specimen, pursuant to guidance issued by the testing laboratory, and submit it to the testing laboratory as soon as practicable.

(2) If the responsible provider documented on the initial specimen collection form is no longer responsible for the newborn's care, the birth attendant shall identify a new provider, notify the new provider of the need for a repeat specimen, and submit the contact information for the new provider to the testing laboratory.

(3) If the birth attendant is unable to obtain a repeat specimen, the birth attendant shall submit written and/or electronic documentation to the testing laboratory describing the steps by the birth attendant to notify the parent(s) and responsible provider that a repeat specimen(s) was required. The birth attendant shall submit this documentation to the testing laboratory no later than 90 days after receiving notification from testing laboratory that a repeat specimen was required.

(f) If a satisfactory specimen or a repeat specimen is not collected due to newborn mortality, the birth attendant shall submit a written and/or electronic notification to the testing laboratory within five days after death.

(g) The birth attendant shall submit all information required by the testing laboratory using an electronic format determined by the department, provided that:

(1) specimen collection forms shall be submitted as directed by the testing laboratory; and

(2) the birth attendant may request an exemption from electronic submission by demonstrating, to the department's satisfaction, that the requirement imposes an undue burden.

(h) The birth attendant shall document on the newborn's health record the LAB I.D., as it appears on the specimen collection form, the date and time of specimen collection, and all screening results.

(i) The birth attendant shall document the LAB I.D., as it appears on the specimen collection form, on any discharge summary, and shall transmit a copy of screening results or a copy of the discharge summary to the responsible provider.

(j) Before performing any tasks relating to collection of specimens, the birth attendant, and any staff under the birth attendant's supervision performing specimen collection, shall complete comprehensive specimen collection training, and shall complete such training annually thereafter. The birth attendant shall retain documentation of all such training.

(k) The birth attendant shall establish written policies and procedures, which shall be available for the department's review, for:

(1) the collection, storage, and shipping of specimens; and

(2) the tracking and disposition of test results.

(l) The birth attendant shall comply with the following additional requirements for HIV testing:

(1) the birth attendant shall obtain written documentation of any HIV testing and treatment during the current pregnancy and include such documentation in the mother's health record. The birth attendant shall counsel the mother consistent with such testing;

(2) the birth attendant shall maintain in the newborn's health record the newborn's HIV test result in accordance with article 27-F of the Public Health Law;

(3) the birth attendant shall transmit a copy of the newborn's HIV test result to the responsible provider. For any HIV exposed newborn, the birth attendant shall coordinate with the responsible provider to arrange appointments for follow up care with a provider experienced in the treatment of HIV; and

(4) the birth attendant shall collect and provide authorized department staff with such data as the department may require for program evaluation and, in the case of HIV exposed newborns, for patient follow-up.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 69-1.4

Amended New York State Register February 13, 2019/Volume XLI, Issue 07, eff. 2/13/2019

Amended New York State Register November 13, 2019/Volume XLI, Issue 46, eff. 11/13/2019