Health, Community and Family Health Services, Children with Special Health Care Needs

Rule R398-5

Birth Defects Reporting

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 33001
Filed: 09/28/2009 11:59:56 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is authorized by Subsections 26-1-30(2)(c), (d), (e), (g), (p), (t) and 26-10-1(2), and Sections 26-10-2 and 26-25-1, which authorize the Department of Health to collect information that impacts the public health. Birth defects impact on public health and this rule establishes reporting requirements for birth defect reporting in Utah.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received in the during the past five-year period.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Birth defects occur in 1 of every 33 babies born in Utah and are the leading cause of infant mortality. Birth defects also contribute to premature births and are the major reason for hospitalizations during the first year of life. There are economic costs to families and society for children born with birth defects and the costs extend beyond the medical and surgical care to behavioral and educational service issues. Increasing the number of babies born without birth defects will reduce family, third party payer, and societal costs. Approximately 80% of birth defects have no known cause. Because the majority of babies born with birth defects have no identifiable cause, more epidemiology studies are necessary. The ultimate goal of the rule is to prevent birth defects and increase the number of babies born healthy in Utah. Evaluation of the epidemiological data provides information in order to assess risk factors and develop primary prevention strategies directed at reducing these factors. Implementation of the primary prevention activities targeted at both high risk populations and women in their childbearing years in Utah will reduce the occurrence of birth defects, which must be evaluated through the continuous tracking of all major birth defects statewide. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Holly Williams at the above address, by phone at 801-584-8202, by FAX at 801-584-8488, or by Internet E-mail at [email protected]

Effective:

09/28/2009

Authorized by:

David Sundwall, Executive Director