4 | 10 | | AN ACT |
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5 | 11 | | relating to newborn and infant hearing screening results and the |
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6 | 12 | | provision of information following a screening. |
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7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 14 | | SECTION 1. Section 47.0031(b), Health and Safety Code, is |
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9 | 15 | | amended to read as follows: |
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10 | 16 | | (b) If a newborn or an infant does not pass the screening in |
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11 | 17 | | a follow-up hearing screening, the program that performed the |
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12 | 18 | | follow-up hearing screening on the newborn or infant shall: |
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13 | 19 | | (1) provide the screening results to: |
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14 | 20 | | (A) the newborn's or infant's parents [with the |
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15 | 21 | | screening results]; and |
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16 | 22 | | (B) with the prior written consent of the |
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17 | 23 | | newborn's or infant's parents, the primary statewide resource |
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18 | 24 | | center established under Section 30.051, Education Code; |
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19 | 25 | | (2) assist in scheduling a diagnostic audiological |
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20 | 26 | | evaluation for the newborn or infant, consistent with the most |
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21 | 27 | | current guidelines in the Joint Committee on Infant Hearing |
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22 | 28 | | Position Statement, or refer the newborn or infant to a licensed |
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23 | 29 | | audiologist who provides diagnostic audiological evaluations for |
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24 | 30 | | newborns or infants that are consistent with the most current |
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25 | 31 | | guidelines in the Joint Committee on Infant Hearing Position |
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26 | 32 | | Statement; and |
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27 | 33 | | (3) refer the newborn or infant to early childhood |
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28 | 34 | | intervention services and the primary statewide resource center |
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29 | 35 | | established under Section 30.051, Education Code. |
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30 | 36 | | SECTION 2. Section 47.005, Health and Safety Code, is |
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31 | 37 | | amended by amending Subsections (a) and (b) and adding Subsection |
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32 | 38 | | (a-1) to read as follows: |
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33 | 39 | | (a) A birthing facility that operates a program shall |
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34 | 40 | | simultaneously distribute to the parents of each newborn or infant |
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35 | 41 | | who is screened: |
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36 | 42 | | (1) the screening results; and |
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37 | 43 | | (2) educational and informational materials that are |
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38 | 44 | | standardized by the department regarding: |
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39 | 45 | | (A) [screening results and] follow-up care; and |
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40 | 46 | | (B) available public resources, including: |
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41 | 47 | | (i) early childhood intervention services |
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42 | 48 | | developed under Chapter 73, Human Resources Code; |
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43 | 49 | | (ii) the primary statewide resource center |
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44 | 50 | | established under Section 30.051, Education Code; and |
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45 | 51 | | (iii) contact information for Texas Early |
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46 | 52 | | Hearing Detection and Intervention. |
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47 | 53 | | (a-1) The department shall make available to the public on |
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48 | 54 | | request the educational and informational materials described by |
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49 | 55 | | Subsection (a)(2). |
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50 | 56 | | (b) A birthing facility that operates a program shall report |
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51 | 57 | | screening results to: |
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52 | 58 | | (1) the parents; |
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53 | 59 | | (2) the newborn's or infant's attending physician, |
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54 | 60 | | primary care physician, or other applicable health care provider; |
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55 | 61 | | [and] |
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56 | 62 | | (3) the department; and |
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57 | 63 | | (4) the primary statewide resource center established |
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58 | 64 | | under Section 30.051, Education Code. |
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59 | 65 | | SECTION 3. Section 47.008(c), Health and Safety Code, is |
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60 | 66 | | amended to read as follows: |
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61 | 67 | | (c) The executive commissioner by rule shall develop |
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62 | 68 | | guidelines to protect the confidentiality of patients in accordance |
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63 | 69 | | with Chapter 159, Occupations Code, and require the written consent |
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64 | 70 | | of a parent or guardian of a patient before any individually |
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65 | 71 | | identifying information is provided to the department or the |
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66 | 72 | | primary statewide resource center established under Section |
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67 | 73 | | 30.051, Education Code, as set out in this chapter. The department |
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68 | 74 | | and center shall permit a parent or guardian at any time to withdraw |
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69 | 75 | | information provided to the department or center under this |
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70 | 76 | | chapter. |
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71 | 77 | | SECTION 4. As soon as practicable after the effective date |
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72 | 78 | | of this Act, the executive commissioner of the Health and Human |
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73 | 79 | | Services Commission shall adopt rules as necessary to implement the |
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74 | 80 | | changes in law made by this Act. |
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75 | 81 | | SECTION 5. This Act takes effect September 1, 2019. |
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