§ 26-10-10. Cytomegalovirus (CMV) public education and testing.

(1) As used in this section "CMV" means cytomegalovirus.

(2) The department shall establish and conduct a public education program to inform pregnant women and women who may become pregnant regarding:

(a) the incidence of CMV;

(b) the transmission of CMV to pregnant women and women who may become pregnant;

(c) birth defects caused by congenital CMV;

(d) methods of diagnosing congenital CMV; and

(e) available preventative measures.

(3) The department shall provide the information described in Subsection (2) to:

(a) child care programs licensed under Title 26, Chapter 39, Utah Child Care Licensing Act, and their employees;

(b) a person described in Subsection 26-39-403(1)(c), (f), (g), (h), (j), or (k);

(c) a person serving as a school nurse under Subsection 53A-11-204;

(d) a person offering health education in a school district;

(e) health care providers offering care to pregnant women and infants; and

(f) religious, ecclesiastical, or denominational organizations offering children's programs as a part of worship services.

(4) If a newborn infant fails the newborn hearing screening test(s) under Subsection 26-10-6(1), a medical practitioner shall:

(a) test the newborn infant for CMV before the newborn is 21 days of age, unless a parent of the newborn infant objects; and

(b) provide to the parents of the newborn infant information regarding:

(i) birth defects caused by congenital CMV; and

(ii) available methods of treatment.

(5) The department shall provide to the family and the medical practitioner, if known, information regarding the testing requirements under Subsection (4) when providing results indicating that an infant has failed the newborn hearing screening test(s) under Subsection 26-10-6(1).

(6) The department may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary to administer the provisions of this section.

Enacted by Chapter 45, 2013 General Session