Bill Text: NH HB1484 | 2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relative to newborn DNA sequencing.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2014-05-28 - Signed by the Governor on 5/27/2014; Chapter 0063; Effective 1/01/2015 [HB1484 Detail]

Download: New_Hampshire-2014-HB1484-Amended.html

HB 1484-FN – AS AMENDED BY THE HOUSE

20Mar2014… 1004h

2014 SESSION

14-2471

01/06

HOUSE BILL 1484-FN

AN ACT relative to newborn DNA sequencing.

SPONSORS: Rep. Kurk, Hills 2

COMMITTEE: Health, Human Services and Elderly Affairs

AMENDED ANALYSIS

This bill prohibits whole-genome DNA sequencing of newborns.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20Mar2014… 1004h

14-2471

01/06

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fourteen

AN ACT relative to newborn DNA sequencing.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Paragraph; Newborn Screening. Amend RSA 132:10-a by inserting after paragraph IV the following new paragraph:

V. No whole-genome DNA sequencing shall be performed pursuant to this chapter unless the general court authorizes such sequencing by statute.

2 Effective Date. This act shall take effect January 1, 2015.

LBAO

14-2471

12/04/13

HB 1484-FN - FISCAL NOTE

AN ACT relative to newborn DNA sequencing.

FISCAL IMPACT:

The Judicial Branch and Department of Health and Human Services state this bill, as introduced, may increase state expenditures by an indeterminable amount in FY 2015 and each year thereafter. There will be no fiscal impact on state, county, or local revenue, or county and local expenditures.

METHODOLOGY:

The Judicial Branch states this bill would add RSA 132:10-a,V regarding newborn DNA sequencing. The Branch indicates the bill would make it an unspecified misdemeanor to disclose the sequencing or any analysis or recommendations based on the sequencing without prior written consent of the individual or his or her parents or guardian. The Branch does not have information on which to estimate how many additional misdemeanor prosecutions may result from the proposed bill, but does have information on the average cost of processing such cases in the trial court. Unspecified misdemeanors are presumed to be class B in accordance with RSA 625:9. The estimated cost to the Judicial Branch of an average class A misdemeanor in the district division of the circuit court will be $66.17 in FY 2015, and $67.64 in FY 2016. The estimated cost for an average class B misdemeanor will be $46.99 in FY 2015, and $48.02 in FY 2016. These amounts do not consider the cost of any appeals of a misdemeanor that may be taken following trial in the district court, including the potential to appeal a class A misdemeanor to the superior court for jury trial or a class A or B misdemeanor to the Supreme Court on issues of law, or to both. The Branch states the cost figures for class A and B misdemeanors are based on studies of judicial and clerical weighted caseload times for processing average cases. These studies are now more than eight years old and may not have current validity.

The Department of Health and Human Services states the newborn screening laboratory, with which the Department contracts to provide newborn screening, does not perform DNA sequencing. The current standard is that infant blood spots at high risk for Cystic Fibrosis are only further screened for the presence of 39 specific genetic mutations. True DNA sequencing is generally accepted to involve determining the precise order of all nucleotides within a DNA molecule and screening for any mutation. The Department states, because the newborn screening laboratory does not perform DNA sequencing there would be no fiscal impact at this time. The Department indicates it is likely newborn screening will incorporate some forms of DNA sequencing in the near future. The Department states it is not clear if the bill requires all sequencing to be provided to parents, or if providing the sequencing data to parents is optional. A genomic sequence includes many terabytes of data, and if providing the information to parents is required, there could be a cost in the future if newborn screening incorporates DNA sequencing in the future.

The Association of Counties states this bill creates a new misdemeanor B penalty for unauthorized disclosure of DNA sequencing, analysis, or recommendations based on sequencing. The Association states, since there is no incarceration resulting from misdemeanor B convictions, there would be no impact on county expenditures.

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