Texas 2011 - 82nd Regular

Texas Senate Bill SB270 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Uresti S.B. No. 270
2	2	(Gonzales of Hidalgo)
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. Subdivision (2), Section 47.001, Health and
10	10	Safety Code, is amended to read as follows:
11	11	(2) "Birthing facility" means:
12	12	(A) a hospital licensed under Chapter 241 that
13	13	offers obstetrical services [and is located in a county with a
14	14	population of more than 50,000]; [or]
15	15	(B) a birthing center licensed under Chapter 244;
16	16	(C) a children's hospital; or
17	17	(D) a facility, maintained or operated by this
18	18	state or an agency of this state, that provides obstetrical
19	19	services [that is located in a county with a population of more than
20	20	50,000 and that has 100 or more births per year].
21	21	SECTION 2. Section 47.003, Health and Safety Code, is
22	22	amended by amending Subsections (a), (c), (d), and (e) and adding
23	23	Subsections (a-1) and (f) to read as follows:
24	24	(a) A birthing facility, through a program certified by the
25	25	department under Section 47.004, shall perform, either directly or
26	26	through a transfer agreement, [offer the parents of a newborn] a
27	27	hearing screening [for the newborn] for the identification of
28	28	hearing loss on each newborn or infant born at the facility before
29	29	the newborn or infant is discharged from the facility unless:
30	30	(1) the parent declines the screening;
31	31	(2) the newborn or infant is transferred to another
32	32	facility before the screening is performed; or
33	33	(3) the screening has previously been completed.
34	34	(a-1) The birthing facility [screening] shall inform the
35	35	parents [be offered] during [the birth] admission that:
36	36	(1) the facility is required by law to screen a newborn
37	37	or infant for hearing loss; and
38	38	(2) the parents may decline the screening[, and the
39	39	parents shall be informed that information may be provided to the
40	40	department upon their written consent].
41	41	(c) Subject to Section 47.008, the [The] department shall
42	42	[may] maintain data and information on each newborn or infant who
43	43	receives a hearing screening under Subsection (a) [services under a
44	44	program].
45	45	(d) The department shall ensure that intervention is
46	46	available to families for a newborn or infant identified as having
47	47	hearing loss and that the intervention is managed by state programs
48	48	operating under the Individuals with Disabilities Education Act (20
49	49	U.S.C. Section 1400 et seq.).
50	50	(e) The department shall ensure that the intervention
51	51	described by Subsection (d) is available for a newborn or infant
52	52	identified as having hearing loss not later than the sixth month
53	53	after the newborn's or infant's birth and through the time the child
54	54	is an infant unless the infant has been hospitalized since birth.
55	55	(f) If a newborn or an infant receives medical intervention
56	56	services, including a hearing aid or cochlear implant, the
57	57	intervention specialist shall report the results of the
58	58	intervention to the department.
59	59	SECTION 3. Chapter 47, Health and Safety Code, is amended by
60	60	adding Section 47.0031 to read as follows:
61	61	Sec. 47.0031. FOLLOW-UP SCREENING. (a) The program that
62	62	performed the hearing screening under Section 47.003 shall provide
63	63	the newborn's or infant's parents with the screening results. A
64	64	birthing facility, through the program, shall offer a follow-up
65	65	hearing screening to the parents of a newborn or infant who does not
66	66	pass the screening, or refer the parents to another program for the
67	67	follow-up hearing screening. The follow-up hearing screening
68	68	should be performed not later than the 30th day after the date the
69	69	newborn or infant is discharged from the facility.
70	70	(b) If a newborn or an infant does not pass the screening in
71	71	a follow-up hearing screening, the program that performed the
72	72	follow-up hearing screening on the newborn or infant shall:
73	73	(1) provide the newborn's or infant's parents with the
74	74	screening results;
75	75	(2) assist in scheduling a diagnostic audiological
76	76	evaluation for the newborn or infant, consistent with the most
77	77	current guidelines in the Joint Committee on Infant Hearing
78	78	Position Statement, or refer the newborn or infant to a licensed
79	79	audiologist who provides diagnostic audiological evaluations for
80	80	newborns or infants that are consistent with the most current
81	81	guidelines in the Joint Committee on Infant Hearing Position
82	82	Statement; and
83	83	(3) refer the newborn or infant to early childhood
84	84	intervention services.
85	85	SECTION 4. Subsections (b) and (d), Section 47.004, Health
86	86	and Safety Code, are amended to read as follows:
87	87	(b) In order to be certified, the program must:
88	88	(1) provide hearing screening using equipment
89	89	recommended by the department;
90	90	(2) use appropriate staff to provide the screening;
91	91	(3) maintain and report data electronically as
92	92	required by the department;
93	93	(4) distribute family, health care provider, and
94	94	physician educational materials standardized by the department;
95	95	[and]
96	96	(5) provide information, as recommended by the
97	97	department, to the parents on follow-up services for newborns and
98	98	infants who do not pass the [with abnormal] screening; and
99	99	(6) be supervised by:
100	100	(A) a physician;
101	101	(B) an audiologist;
102	102	(C) a registered nurse; or
103	103	(D) a physician assistant [results].
104	104	(d) The department may renew the certification of a program
105	105	on a periodic basis as established by board rule in order to ensure
106	106	quality services to newborns, infants, and families.
107	107	SECTION 5. Section 47.005, Health and Safety Code, is
108	108	amended by amending Subsections (a) and (b) and adding Subsections
109	109	(d) and (e) to read as follows:
110	110	(a) A birthing facility that operates a program shall
111	111	distribute to the parents of each newborn or infant who is screened
112	112	educational materials that are standardized by the department
113	113	regarding screening results and follow-up care.
114	114	(b) A birthing facility that operates a program shall report
115	115	screening results to:
116	116	(1) the parents;
117	117	(2) [,] the newborn's or infant's attending physician,
118	118	primary care physician, or other applicable health care provider;
119	119	[,] and
120	120	(3) the department.
121	121	(d) The department may coordinate the diagnostic
122	122	audiological evaluation required under Section 47.0031(b)(2). A
123	123	diagnostic audiological evaluation must be completed on the newborn
124	124	or infant:
125	125	(1) not later than the third month after the newborn's
126	126	or infant's birth unless the newborn or infant has been
127	127	hospitalized since birth; or
128	128	(2) upon referral by the newborn's or infant's primary
129	129	care physician or other applicable health care provider.
130	130	(e) An audiologist who performs a diagnostic audiological
131	131	evaluation under this chapter shall report the results of the
132	132	evaluation to:
133	133	(1) the parents;
134	134	(2) the newborn's or infant's primary care physician
135	135	or other applicable health care provider; and
136	136	(3) the department under Section 47.007(b).
137	137	SECTION 6. Section 47.007, Health and Safety Code, is
138	138	amended by amending Subsection (b) and adding Subsections (d)
139	139	through (h) to read as follows:
140	140	(b) Subject to Section 47.008, a [A] qualified hearing
141	141	screening provider, hospital, health care provider, physician,
142	142	audiologist, or intervention specialist shall [may] access the
143	143	information management, reporting, and tracking system to provide
144	144	information[, where available,] to the department and may obtain
145	145	information from the department[, including information] relating
146	146	to:
147	147	(1) the results of each hearing screening performed
148	148	under Section 47.003(a) or 47.0031(a);
149	149	(2) the results of each diagnostic audiological
150	150	evaluation required under Section 47.0031(b)(2);
151	151	(3) [(1)] infants who receive follow-up care;
152	152	(4) [(2)] infants identified with hearing loss;
153	153	(5) [(3)] infants who are referred for intervention
154	154	services; and
155	155	(6) [(4)] case level information necessary to report
156	156	required statistics to:
157	157	(A) the Maternal and Child Health Bureau on an
158	158	annual basis; and
159	159	(B) the federal Centers for Disease Control and
160	160	Prevention.
161	161	(d) A birthing facility described by Subsection (a) shall
162	162	report the resulting information in the format and within the time
163	163	frame specified by the department.
164	164	(e) A qualified hearing screening provider, audiologist,
165	165	intervention specialist, educator, or other person who receives a
166	166	referral from a program under this chapter shall:
167	167	(1) provide the services needed by the newborn or
168	168	infant or refer the newborn or infant to a person who provides the
169	169	services needed by the newborn or infant; and
170	170	(2) provide, with the consent of the newborn's or
171	171	infant's parent, the following information to the department or the
172	172	department's designee:
173	173	(A) results of follow-up care;
174	174	(B) results of audiologic testing of an infant
175	175	identified with hearing loss; and
176	176	(C) reports on the initiation of intervention
177	177	services.
178	178	(f) A qualified hearing screening provider, audiologist,
179	179	intervention specialist, educator, or other person who provides
180	180	services to an infant who is diagnosed with hearing loss shall
181	181	provide, with the consent of the infant's parent, the following
182	182	information to the department or the department's designee:
183	183	(1) results of follow-up care;
184	184	(2) results of audiologic testing; and
185	185	(3) reports on the initiation of intervention
186	186	services.
187	187	(g) A hospital that provides services under this chapter
188	188	shall use the information management, reporting, and tracking
189	189	system described by this section, access to which has been provided
190	190	to the hospital by the department, to report, with the consent of
191	191	the infant's parent, the following information to the department or
192	192	the department's designee:
193	193	(1) results of all follow-up services for an infant
194	194	who does not pass the screening described by Section 47.003(a) if
195	195	the hospital provides the follow-up services; or
196	196	(2) the name of the provider or facility to which the
197	197	hospital refers an infant who does not pass the screening described
198	198	by Section 47.003(a) for follow-up services.
199	199	(h) Subject to Section 47.008, a qualified hearing
200	200	screening provider, hospital, health care provider, physician,
201	201	audiologist, or intervention specialist may obtain information
202	202	from the department relating to:
203	203	(1) the results of each hearing screening performed
204	204	under Section 47.003(a) or 47.0031(a);
205	205	(2) the results of each diagnostic audiological
206	206	evaluation required under Section 47.0031(b)(2);
207	207	(3) infants who receive follow-up care;
208	208	(4) infants identified with hearing loss; and
209	209	(5) infants who are referred for intervention
210	210	services.
211	211	SECTION 7. Chapter 47, Health and Safety Code, is amended by
212	212	adding Sections 47.010 and 47.011 to read as follows:
213	213	Sec. 47.010. RULEMAKING. (a) The executive commissioner
214	214	of the Health and Human Services Commission may adopt rules for the
215	215	department to implement this chapter.
216	216	(b) If the executive commissioner adopts rules, the
217	217	executive commissioner shall consider the most current guidelines
218	218	established by the Joint Committee on Infant Hearing.
219	219	Sec. 47.011. DUTIES OF MIDWIFE. (a) In this section,
220	220	"midwife" has the meaning assigned by Section 203.002, Occupations
221	221	Code, and includes a nurse midwife described by Section 301.152,
222	222	Occupations Code.
223	223	(b) A midwife who attends the birth of a newborn:
224	224	(1) is not required to offer the parents of the newborn
225	225	a hearing screening for the newborn for the identification of
226	226	hearing loss; and
227	227	(2) shall refer the parents of the newborn to a
228	228	birthing facility or a provider that participates in the program
229	229	and make a record of the referral.
230	230	SECTION 8. Section 47.002, Health and Safety Code, is
231	231	repealed.
232	232	SECTION 9. (a) Not later than January 1, 2012, the
233	233	executive commissioner of the Health and Human Services Commission
234	234	shall prescribe a form to document a parent's decision to decline
235	235	screening under Subdivision (1), Subsection (a), Section 47.003,
236	236	Health and Safety Code, as added by this Act, in consultation with
237	237	persons and organizations interested in newborn hearing screening.
238	238	(b) The Department of State Health Services may post the
239	239	form prescribed under Subsection (a) of this section on the
240	240	department's Internet website.
241	241	(c) A person or facility is not required to comply with the
242	242	changes in law made by this Act to Chapter 47, Health and Safety
243	243	Code, until January 1, 2012.
244	244	SECTION 10. This Act takes effect September 1, 2011.