DAR File No. 38830

Health, Family Health and Preparedness, Children with Special Health Care Needs

Rule R398-5

Birth Defects Reporting

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 38830
Filed: 09/02/2014 10:40:10 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 establishes reporting requirements for birth defects in Utah and for related screens and test results under the general statutory authority of the Utah Department of Health (UDOH) to collect information that impacts the public health under Title 26. Subsections 26-1-30(2)(c), (d), (e), (g), (p), (t), and 26-10-1(2); Section 26-10-2; Subsection 26-10-6(1)(d); and Section 26-25-1 authorize this rule.

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

There have not been any written comments filed since the inception of this rule in 1999, perhaps with the exception of amendments where comments have been solicited from community partners such as the Utah Hospital Association or Intermountain Healthcare.

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

The Birth Defect Reporting Rule is needed to continue the identification and reporting of any pregnancy or infant where a birth defect has been screened or diagnosed. The monitoring of birth defects provides the state with the following: 1) establish baseline prevalence rates of specific birth defects and monitor the rates over time to assess whether an increase or decrease occurs; 2) if an increase in prevalence is observed, try to determine the cause. If a prevention activity is feasible, implement and monitor prevalence to establish a decline; and 3) when an environmental agent or exposure occurs, the Utah Birth Defect Network (UBDN) has the capacity to monitor birth defects that might be associated with the exposure, assist with a public health intervention, and assess whether this intervention has impacted prevalence. 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:

Health
Family Health and Preparedness, Children with Special Health Care Needs
44 N MARIO CAPECCHI DR
SALT LAKE CITY, UT 84113

Direct questions regarding this rule to:

• Amy Nance at the above address, by phone at 801-883-4661, by FAX at 801-323-1578, or by Internet E-mail at aenance@utah.gov

Effective:

09/02/2014

Authorized by:

David Patton, Executive Director