§ 68-5-504 — Functions of program - Duties of department

(a) (1) Genetic and other testing services provided for by parts 4 and 5 of this chapter shall be provided only to: (A) Born children; (B) Unborn children whose testing would result in treatment; (C) Men; (D) Nonpregnant women; and (E) Those pregnant women whose testing would result in treatment for themselves or their unborn children. (2) Induced abortion shall not be regarded as treatment; therefore, procedures or services designed to search out disorders in unborn children that are not treatable shall not be provided for under parts 4 and 5 of this chapter, it being the finding of the general assembly that the use of this program to abort unborn children is against the public policy of the state of Tennessee. (b) The department shall: (1) Develop and administer statewide genetic and metabolic screening programs to prevent, detect and assure follow-up for birth defects and genetic disorders. The screening programs shall include testing for phenylketonuria and hypothyroidism as provided by part 4 of this chapter, testing for sickle cell disease and other hemoglobinopathies and other testing programs as the department shall deem appropriate for the preventive treatment of intellectual disability or physical dysfunction, as publicly noted through rules and regulations duly promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; (2) Prescribe effective tests and examinations designed to detect genetic disorders as determined by the department, prescribe the methods of obtaining samples or specimens for the required tests and examinations, and designate the person or persons required to conduct the tests and examinations; (3) Develop standards for statewide genetic services; (4) Assist in the development, expansion and maintenance of regional genetic centers and regional sickle cell centers, including purchase of equipment and employment of specialized personnel; (5) Develop and implement state/regional programs of professional education and training for health care providers in the causes, prevention, detection and treatment of birth defects and genetic disorders; (6) Support clinical diagnosis and counseling services regarding genetic disorders and birth defects; (7) Implement public education programs to inform persons of genetic screening, genetic disorders, and birth defects and the various services available; (8) Develop a system of consultation, communication and referral to regional genetics centers and regional sickle cell centers; (9) Develop a reporting system to allow data to be collected and stored and to facilitate the compilation of statistical information on causes, methods of treatment and prevention of genetic disorders and birth defects. The system shall be in accordance with laws and rules of the department governing confidentiality of information; (10) Enter into contractual agreements with other agencies to provide services under the state program; and (11) Promulgate and enforce all rules and regulations as may be necessary to effectuate the purposes of parts 4 and 5 of this chapter. (c) It is the specific intent of the general assembly that neither abortion nor abortion research should be funded by this program.

Legislative History

Acts 1985, ch. 333, § 1; 2011, ch. 158, § 37.