HB 363: Maternal and Infant Amendments - Utah

Substitute #3 → Enrolled · 6 edits · Mar 26, 2025

MODERATE

This bill updates Utah's laws regarding newborn screening and the treatment of pregnant inmates. The most significant change is the expansion of newborn hearing loss testing to all infants, regardless of the hospital's size, ensuring every baby is screened. The bill also clarifies rules for pregnant inmates, mandating pregnancy testing for all female prisoners under 50 and strictly limiting the use of shackles during the third trimester and postpartum recovery. Additionally, the legislation requires the Department of Health and Human Services to publish a privacy consent form for newborn testing, giving parents the option to consent to the retention of biological samples.

Scope change

The bill expands the scope of newborn hearing loss testing from large hospitals to all birth settings and broadens the eligibility for pregnancy testing in correctional facilities to include all female inmates under 50.

REQUIREMENT

Hearing loss testing is now required for all newborns, removing the previous exemption for infants born in hospitals with fewer than 100 annual births.

Pregnancy testing for female inmates is now required for all women under 50 years old who have been incarcerated for more than 72 hours.

Restrictions on using shackles and leg restraints for pregnant inmates were strengthened, explicitly banning them during the third trimester, labor, childbirth, and postpartum recovery.

A new requirement mandates that the Department of Health and Human Services publish a privacy consent form for newborn testing, allowing parents to opt-in or out of retaining biological samples and genetic data.

TIMELINE

The repeal date for the Correctional Postnatal and Early Childhood Advisory Board was extended from July 1, 2025, to July 1, 2027.

TECHNICAL

Minor formatting and numbering corrections were made throughout the text to align with standard legislative drafting conventions.

Introduced → Substitute #1 · 5 edits

MODERATE

The bill was amended to shift focus from an 'opt-out' model to an 'opt-in' model for retaining biological samples and genetic data. The original version required samples to be destroyed within 90 days unless medically necessary, while the new version allows the Department of Health and Human Services to retain samples indefinitely if a parent or guardian explicitly consents to the department's retention policy. This change gives parents the choice to allow their child's data to be kept for future research or medical use, rather than automatically deleting it.

Scope change

The bill's scope regarding data retention changed from a mandatory destruction timeline to a conditional retention policy based on parental consent.

REQUIREMENT

Changed the default rule for biological samples from automatic destruction after 90 days to retention only if the parent or guardian consents to the department's policy.

Added a requirement for the department to publish a specific 'privacy consent form' that explains data retention purposes and policies.

Updated the timing for providing forms from 'at least 24 hours prior' to simply 'prior to conducting' the test.

DEFINITION

Changed the document title from 'informational form' to 'privacy consent form' to reflect its new legal function.

TIMELINE

Added an effective date of May 7, 2025, which was not present in the original version.

Substitute #2 → Substitute #3 · 5 edits

MODERATE

This bill expands the scope of HB 363 to include mandatory pregnancy testing for female prisoners in correctional facilities, while also amending the Correctional Postnatal and Early Childhood Advisory Board membership and repeal date. The newborn infant testing provisions remain largely the same, though the code sections affected have been updated to include additional statutes related to correctional facilities and maternal health.

Scope change

The bill now applies to correctional facilities and county jails in addition to hospitals and other birth settings, requiring pregnancy testing for female prisoners under 50 who have been incarcerated for more than 72 hours.

REQUIREMENT

Added mandatory pregnancy testing requirements for female prisoners younger than 50 years old who have been incarcerated for longer than 72 hours on state or local criminal offenses.

SCOPE

Expanded the bill's scope to include the Department of Corrections and county jails, requiring them to ensure pregnancy testing for female inmates.

DEFINITION

Amended the membership of the Correctional Postnatal and Early Childhood Advisory Board and extended its repeal date.

FISCAL

Added funding provisions specifying that expenses for contraceptive continuation services for prisoners shall be paid by the Department of Health and Human Services, while other services remain the responsibility of county treasuries.

TECHNICAL

Updated the Utah Code Sections Affected to include additional statutes (17-22-8, 63I-1-264, 64-13-46, 64-13-46.1) related to correctional facilities and maternal health services.

Substitute #1 → Substitute #2 · 4 edits

MODERATE

This bill revision clarifies and expands requirements for newborn infant testing in Utah. The most significant change removes the hospital birth volume threshold for mandatory hearing loss testing, ensuring all newborns receive this screening regardless of where they are born. The bill also adds a specific requirement for a heelstick screen consent form and clarifies information disclosure requirements before testing.

Scope change

The bill now requires hearing loss testing for all newborns regardless of hospital size, whereas the previous version only required it at hospitals with 100+ annual births.

ELIGIBILITY

Removed the requirement that hearing loss testing only apply to infants born at hospitals with 100 or more live births annually; now all newborns must be tested for hearing loss.

REQUIREMENT

Added specific requirement that a privacy consent form must be provided before conducting a newborn heelstick screen, separate from general testing information disclosure.

Changed the language from 'newborn infant testing' to 'newborn infant heelstick screen' in specific consent requirements for better clarity.

Added explicit requirement that parents receive information explaining facts about testing and sample storage before any newborn infant testing occurs.

Maternal and Infant Amendments

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