An Act To Protect Newborn Infants by Requiring Birthing Facilities To Screen for Congenital Heart Disease Using Pulse Oximetry
Maine Legislature, Session 126, LD 0460
Committee: Health and Human Services
Sponsors: BECK, CRAVEN, AYOTTE, BERRY, EVES, POULIOT, LACHOWICZ
Amends: 22 MRSA §1534

Legislative Document 
No. 460 
H.P. 310 
House of Representatives, February 14, 2013 
An Act To Protect Newborn Infants by Requiring Birthing Facilities 
To Screen for Congenital Heart Disease Using Pulse Oximetry 
(EMERGENCY) 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative BECK of Waterville. 
Cosponsored by Senator CRAVEN of Androscoggin and 
Representatives: AYOTTE of Caswell, BERRY of Bowdoinham, Speaker EVES of North 
Berwick, POULIOT of Augusta, Senator: LACHOWICZ of Kennebec. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, according to the United States Department of Health and Human Services' 
Secretary's Advisory Committee on Heritable Disorders in Newborns and Children, 
congenital heart disease affects 7 to 9 of every 1,000 children born in the United States 
and Europe; and 
Whereas, the federal Centers for Disease Control and Prevention states that 
congenital heart disease is the leading cause of infant deaths due to birth defects; and  
Whereas, pulse oximetry is a noninvasive test that, when performed on a newborn 
hours after birth, is often more effective at detecting critical, life-threatening 
congenital heart disease than current screening methods; and 
Whereas, many newborn lives could be saved by earlier detection and treatment of 
congenital heart disease if birthing facilities in this State were required to perform a pulse 
oximetry test; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §1534 is enacted to read: 
§1534.  Pulse oximetry tests on newborns 
A birthing facility shall screen each newborn in the care of that birthing facility for 
congenital heart disease using pulse oximetry no sooner than 24 hours following the birth 
of that newborn.  The department shall adopt routine technical rules, as defined in Title 5, 
chapter 375, subchapter 2-A, to implement the provisions of this section. 
For purposes of this section, "birthing facility" means an inpatient or ambulatory 
health care facility licensed by the department that provides birthing and newborn care 
services. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill requires a health care facility that provides birthing and newborn care 
services and is licensed by the Department of Health and Human Services to perform 
pulse oximetry to screen for congenital heart disease in a newborn in its care no sooner 
than 24 hours after the birth of that newborn.