Texas 2009 - 81st Regular

Texas Senate Bill SB2078 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R6141 ALB-D
2	2	By: Uresti S.B. No. 2078
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to newborn hearing screenings.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 47.003(a) and (c), Health and Safety
10	10	Code, are amended to read as follows:
11	11	(a) A birthing facility, through a program certified by the
12	12	department under Section 47.004, shall perform [offer the parents
13	13	of a newborn] a hearing screening not later than the 30th day after
14	14	the newborn's birth on each [for the] newborn born at the facility
15	15	for the identification of hearing loss unless the parent declines
16	16	the screening for reasons of conscience, including a religious
17	17	belief. The birthing facility [screening] shall inform the parents
18	18	[be offered] during the birth admission that:
19	19	(1) the facility is required by law to screen the
20	20	newborn for hearing loss;[,] and
21	21	(2) the parents may decline the screening for reasons
22	22	of conscience, including a religious belief [shall be informed that
23	23	information may be provided to the department upon their written
24	24	consent].
25	25	(c) The department shall [may] maintain data and
26	26	information on each newborn who receives services under a program.
27	27	SECTION 2. Chapter 47, Health and Safety Code, is amended by
28	28	adding Sections 47.0031 and 47.0032 to read as follows:
29	29	Sec. 47.0031. STANDARD OF CARE. (a) A hearing screening
30	30	under this chapter must be performed in accordance with the
31	31	standards of care established by the Joint Committee on Infant
32	32	Hearing as those standards existed on January 1, 2009, or later
33	33	standards of the committee adopted by rule for this purpose by the
34	34	executive commissioner of the Health and Human Services Commission.
35	35	(b) A newborn for whom the hearing screening is part of a
36	36	routine well-baby examination may be screened using otoacoustic
37	37	emission (OAE) or auditory brainstem response (ABR).
38	38	(c) A newborn admitted to a neonatal intensive care unit for
39	39	longer than 72 hours must be screened using auditory brainstem
40	40	response (ABR).
41	41	Sec. 47.0032. SECOND SCREENING. (a) The department shall
42	42	develop a program to ensure that a newborn with abnormal screening
43	43	results receives a second hearing screening after discharge from a
44	44	birthing facility but not later than the 30th day after the
45	45	newborn's birth.
46	46	(b) The department shall ensure that a newborn who has
47	47	abnormal screening results in a second hearing screening receives a
48	48	diagnostic examination to determine hearing loss before the end of
49	49	the third month after the newborn's birth.
50	50	SECTION 3. Section 47.004(b), Health and Safety Code, is
51	51	amended to read as follows:
52	52	(b) In order to be certified, the program must:
53	53	(1) provide hearing screening using equipment
54	54	recommended by the department;
55	55	(2) use appropriately trained [appropriate] staff to
56	56	provide the screening;
57	57	(3) maintain and report data electronically as
58	58	required by the department;
59	59	(4) distribute family, health care provider, and
60	60	physician educational materials standardized by the department;
61	61	[and]
62	62	(5) provide information, as recommended by the
63	63	department, to the parents on follow-up services for newborns and
64	64	infants with abnormal screening results; and
65	65	(6) be supervised by a physician.
66	66	SECTION 4. Section 47.005, Health and Safety Code, is
67	67	amended by adding Subsections (b-1) and (d) and amending Subsection
68	68	(c) to read as follows:
69	69	(b-1) A birthing facility may not provide the screening
70	70	results to the department if the parent objects.
71	71	(c) The department shall coordinate the diagnostic
72	72	examination and appropriate [Appropriate] and necessary care for
73	73	the infant who needs follow-up care with [should be directed and
74	74	coordinated by] the infant's physician or health care provider,
75	75	with support from appropriate ancillary services.
76	76	(d) An audiologist who performs a diagnostic examination
77	77	related to a hearing screening under this chapter shall report the
78	78	results of the examination to the department under Section
79	79	47.007(b).
80	80	SECTION 5. Section 47.007(b), Health and Safety Code, is
81	81	amended to read as follows:
82	82	(b) A qualified hearing screening provider, hospital,
83	83	audiologist, or intervention specialist shall [may] access the
84	84	information management, reporting, and tracking system to provide
85	85	information[, where available,] to the department, including
86	86	information relating to:
87	87	(1) the results of each hearing screening performed
88	88	under Section 47.003;
89	89	(2) [(1)] infants who receive follow-up care;
90	90	(3) [(2)] infants identified with hearing loss;
91	91	(4) [(3)] infants who are referred for intervention
92	92	services; and
93	93	(5) [(4)] case level information necessary to report
94	94	required statistics to the Maternal and Child Health Bureau on an
95	95	annual basis.
96	96	SECTION 6. This Act takes effect September 1, 2009.