Enacts the infant vision information, education and wellness program act

Section 2 amends the public health law by adding a new title II-B to article 25 creating the Infant Vision Information, Education and Wellness Program. The commissioner shall appoint a six-member Newborn Vision Screening Advisory Committee ("advisory committee") within the Department of Health ("department") to advise and make recommendations on issues relating to program regulation and administration, diagnostic testing, technical support and follow-up. Committee members are to have experience with infant eye pathology, pediatric ophthalmology, optometry and common vision screening and assessment tests. They shall serve without compensation but may be reimbursed for necessary travel and other expenses.

On or before June 30, 2017, the department shall adopt the protocol developed by the American Academy of Pediatrics to optimally detect the presence of treatable causes of blindness in infants by two months of age. If a protocol is not developed by then, the department, in consultation with the advisory committee, shall establish such protocol on or before January 1, 2018.

The department shall establish the Infant Vision Information, Education and Wellness Program, consisting of the following components: a system to screen each newborn in the state for vision abnormalities before leaving a hospital, a system to screen each newborn who is not born in a hospital within the first 30 days of life and a system to provide information and instruction to the parents of each newborn and infant on the merits of having vision screening performed and receiving follow-up care.

Screening shall not be required if a parent of the newborn or infant objects for any reason. The refusal must be documented in writing, made a part of the medical record of the newborn or infant and reported to the department in a manner it prescribes.

The program shall be implemented as follows:

-By July 1, 2018, newborn and infant vision screening shall be conducted on each live birth in health care facilities in the state during birth admissions using procedures recommended by the advisory committee. If a newborn is born in a location other than a hospital, the parents must be instructed on the merits of having the vision screening performed and given information to assist the parents in having the screening performed within 30 days of birth. The Department shall determine the appropriate screening venue for a newborn born outside a hospital.

-If the number of newborns and infants receiving vision screening does not equal at least 85% of all the total number of live births in the state by July 1, 2018, the Department in consultation with the advisory committee shall immediately promulgate regulations to implement a state-administered vision screening program. -By July 1, 2017, each health care facility in the state shall provide information and instruct the parents of newborns and infants concerning the importance of screening the vision of newborns and infants and of receiving follow-up care.

-By July 1, 2017, every hospital in the state shall report to the department, in a manner prescribed by the department, the number of newborns and infants screened and the results of the screening. The department shall then report relevant statistics to the legislature by January 1 every year.

The department, in consultation with the advisory committee, shall issue temporary guidelines by July 1, 2017, implementing a reporting and early intervention referral system for newborns, infants and children who have been recommended for further assessment. The temporary guidelines shall expire on June 30, 2018.

A person who obtains information under this act may not disclose the information except to the parent of the infant or child or to the department for statistical recordkeeping or for appropriate treatment referral and early intervention services. Data obtained directly from the medical records of a patient shall be considered confidential and privileged. However, a person who acts in good faith in complying with this section by reporting newborn and infant vision screening results to the department may not be held civilly or criminally liable.

Section 3 provides the effective date.

Existing law

New law

Justification

The American Association for Pediatric Ophthalmology and Strabismus (AAPOS) finds that vision screening is an efficient and cost-effective method to identify children with eye conditions likely to lead to visual impairment so that referrals can be made to appropriate eye care professionals for further evaluation and treatment. Types of vision screening include inspection of the eye, photoscreening, corneal light reflex testing, cover testing and subjective visual acuity testing.

Allowing eye conditions to go untreated in early childhood can result in permanent, lifelong vision loss. It is therefore critically important to be proactive in screening for vision abnormalities so that appropriate treatments can be applied.

Legislative history

New bill

Fiscal implications

Undetermined

Local fiscal implications

Undetermined

Effective date

This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such date.