West Virginia Code § 16-44-1

Legislative findings
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The Legislature finds and declares that:
(1) Congenital heart defects are structural abnormalities of the heart that are present at
birth; congenital heart defects range in severity from simple problems such as holes between
chambers of the heart, to severe malformations, such as the complete absence of one or
more chambers or valves; some critical congenital heart defects can cause severe and life-
threatening symptoms which require intervention within the first days of life;
(2) According to the United States Secretary of Health and Humuan Services' Advisory
Committee on Heritable Disorders in Newborns and Children, congenital heart disease
affects approximately seven to nine of every thousand live births in the United States and
Europe; the federal Centers for Disease Control and Prevention states that congenital heart
defects are the leading cause of infant death due to birth defects;
(3) Current methods for detecting congenital heartl defects generally include prenatal
ultrasound screening and repeated clinical exsaminations; while prenatal ultrasound
screenings can detect some major congenital heart defects, these screenings, alone, identify
less than half of all congenital heart defecti cases, and critical congenital heart defect cases
are often missed during routine clingical exams performed prior to a newborn's discharge
from a birthing facility;
(4) Pulse oximetry is a noninvasive test that estimates the percentage of hemoglobin in blood
that is saturated with oxygen; when performed on a newborn when the baby is twenty-four
to forty-eight hours of age, or as late as possible if the baby is to be discharged from the
hospital before he or she is twenty-four hours of age, pulse oximetry screening is often more
effective at detecting critical, life-threatening congenital heart defects which otherwise go
undetected by current screening methods; newborns with abnormal pulse oximetry results
require immediate confirmatory testing and intervention; and
(5) Many newborn lives could potentially be saved by earlier detection and treatment of
congenital heart defects if birthing facilities in the state were required to perform this
simple, noninvasive newborn screening in conjunction with current congenital heart defect
screening methods.

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