81R6141 ALB-D
By: Uresti S.B. No. 2078
A BILL TO BE ENTITLED
AN ACT
relating to newborn hearing screenings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 47.003(a) and (c), Health and Safety
Code, are amended to read as follows:
(a) A birthing facility, through a program certified by the
department under Section 47.004, shall perform [offer the parents
of a newborn] a hearing screening not later than the 30th day after
the newborn's birth on each [for the] newborn born at the facility
for the identification of hearing loss unless the parent declines
the screening for reasons of conscience, including a religious
belief. The birthing facility [screening] shall inform the parents
[be offered] during the birth admission that:
(1) the facility is required by law to screen the
newborn for hearing loss;[,] and
(2) the parents may decline the screening for reasons
of conscience, including a religious belief [shall be informed that
information may be provided to the department upon their written
consent].
(c) The department shall [may] maintain data and
information on each newborn who receives services under a program.
SECTION 2. Chapter 47, Health and Safety Code, is amended by
adding Sections 47.0031 and 47.0032 to read as follows:
Sec. 47.0031. STANDARD OF CARE. (a) A hearing screening
under this chapter must be performed in accordance with the
standards of care established by the Joint Committee on Infant
Hearing as those standards existed on January 1, 2009, or later
standards of the committee adopted by rule for this purpose by the
executive commissioner of the Health and Human Services Commission.
(b) A newborn for whom the hearing screening is part of a
routine well-baby examination may be screened using otoacoustic
emission (OAE) or auditory brainstem response (ABR).
(c) A newborn admitted to a neonatal intensive care unit for
longer than 72 hours must be screened using auditory brainstem
response (ABR).
Sec. 47.0032. SECOND SCREENING. (a) The department shall
develop a program to ensure that a newborn with abnormal screening
results receives a second hearing screening after discharge from a
birthing facility but not later than the 30th day after the
newborn's birth.
(b) The department shall ensure that a newborn who has
abnormal screening results in a second hearing screening receives a
diagnostic examination to determine hearing loss before the end of
the third month after the newborn's birth.
SECTION 3. Section 47.004(b), Health and Safety Code, is
amended to read as follows:
(b) In order to be certified, the program must:
(1) provide hearing screening using equipment
recommended by the department;
(2) use appropriately trained [appropriate] staff to
provide the screening;
(3) maintain and report data electronically as
required by the department;
(4) distribute family, health care provider, and
physician educational materials standardized by the department;
[and]
(5) provide information, as recommended by the
department, to the parents on follow-up services for newborns and
infants with abnormal screening results; and
(6) be supervised by a physician.
SECTION 4. Section 47.005, Health and Safety Code, is
amended by adding Subsections (b-1) and (d) and amending Subsection
(c) to read as follows:
(b-1) A birthing facility may not provide the screening
results to the department if the parent objects.
(c) The department shall coordinate the diagnostic
examination and appropriate [Appropriate] and necessary care for
the infant who needs follow-up care with [should be directed and
coordinated by] the infant's physician or health care provider,
with support from appropriate ancillary services.
(d) An audiologist who performs a diagnostic examination
related to a hearing screening under this chapter shall report the
results of the examination to the department under Section
47.007(b).
SECTION 5. Section 47.007(b), Health and Safety Code, is
amended to read as follows:
(b) A qualified hearing screening provider, hospital,
audiologist, or intervention specialist shall [may] access the
information management, reporting, and tracking system to provide
information[, where available,] to the department, including
information relating to:
(1) the results of each hearing screening performed
under Section 47.003;
(2) [(1)] infants who receive follow-up care;
(3) [(2)] infants identified with hearing loss;
(4) [(3)] infants who are referred for intervention
services; and
(5) [(4)] case level information necessary to report
required statistics to the Maternal and Child Health Bureau on an
annual basis.
SECTION 6. This Act takes effect September 1, 2009.