An Act To Require Screening for Cytomegalovirus in Certain Newborn Infants
Maine Legislature, Session 130, LD 1747
Committee: Health and Human Services
Sponsors: BREEN, MILLETT, CARNEY, CLAXTON, GRIFFIN
Amends: 22 MRSA §1534

Legislative Document
No. 1747
S.P. 603
In Senate, December 2, 2021
An Act To Require Screening for Cytomegalovirus in Certain 
Newborn Infants
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Secretary of the Senate on November 30, 2021.  Referred to the 
Committee on Health and Human Services pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BREEN of Cumberland.
Cosponsored by Representative MILLETT of Waterford and
Senators: CARNEY of Cumberland, CLAXTON of Androscoggin, Representatives: GRIFFIN 
of Levant, MILLETT of Cape Elizabeth.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §1534 is enacted to read:
§1534.  Cytomegalovirus public education and testing
1.  Required testing. If a newborn infant fails 2 hearing tests or has other risk factors 
for cytomegalovirus, a hospital, birthing center or other birthing service shall test the 
newborn infant, or cause the infant to be tested, for the presence of cytomegalovirus by 
means of a saliva or urine sample before hospital discharge or, if the infant was born outside 
a clinical setting, not later than the 21st day after the date of birth.
2.  Religious objection exemption.  The requirement under this section that a newborn 
infant must be tested for the presence of cytomegalovirus does not apply to a newborn 
infant if the parents of that infant object on the grounds that a test conflicts with their 
religious tenets and practices.
3.  Report.  A hospital, birthing center or other birthing service that tests or causes to 
be tested a newborn infant pursuant to this section shall report to the department aggregate 
data on the testing, including the number of infants born, the number tested for 
cytomegalovirus, the results of the screening and testing and the type of screening sample 
used.
4.  Public education.  The department shall provide public educational resources to 
pregnant women and women who may become pregnant that include information regarding 
the incidence of cytomegalovirus, the transmission of cytomegalovirus during and before 
pregnancy, birth defects caused by congenital cytomegalovirus, methods of diagnosing 
congenital cytomegalovirus, available preventive measures and resources for the family of 
an infant born with congenital cytomegalovirus.  The department may solicit and accept 
the assistance of relevant medical associations or community resources to develop, promote 
and distribute the public educational resources.
5.  Rulemaking.  The department may adopt rules to implement this section.  Rules 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A.
SUMMARY
This bill requires newborn infants who do not pass 2 hearing tests or who have other 
risk factors to be tested for cytomegalovirus. It also requires the Department of Health and 
Human Services to provide information to pregnant women and women who may become 
pregnant on the risks of cytomegalovirus.