H.B. No. 2255
AN ACT
relating to newborn and infant hearing screening results and the
provision of information following a screening.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 47.0031(b), Health and Safety Code, is
amended to read as follows:
(b) If a newborn or an infant does not pass the screening in
a follow-up hearing screening, the program that performed the
follow-up hearing screening on the newborn or infant shall:
(1) provide the screening results to:
(A) the newborn's or infant's parents [with the
screening results]; and
(B) with the prior written consent of the
newborn's or infant's parents, the primary statewide resource
center established under Section 30.051, Education Code;
(2) assist in scheduling a diagnostic audiological
evaluation for the newborn or infant, consistent with the most
current guidelines in the Joint Committee on Infant Hearing
Position Statement, or refer the newborn or infant to a licensed
audiologist who provides diagnostic audiological evaluations for
newborns or infants that are consistent with the most current
guidelines in the Joint Committee on Infant Hearing Position
Statement; and
(3) refer the newborn or infant to early childhood
intervention services and the primary statewide resource center
established under Section 30.051, Education Code.
SECTION 2. Section 47.005, Health and Safety Code, is
amended by amending Subsections (a) and (b) and adding Subsection
(a-1) to read as follows:
(a) A birthing facility that operates a program shall
simultaneously distribute to the parents of each newborn or infant
who is screened:
(1) the screening results; and
(2) educational and informational materials that are
standardized by the department regarding:
(A) [screening results and] follow-up care; and
(B) available public resources, including:
(i) early childhood intervention services
developed under Chapter 73, Human Resources Code;
(ii) the primary statewide resource center
established under Section 30.051, Education Code; and
(iii) contact information for Texas Early
Hearing Detection and Intervention.
(a-1) The department shall make available to the public on
request the educational and informational materials described by
Subsection (a)(2).
(b) A birthing facility that operates a program shall report
screening results to:
(1) the parents;
(2) the newborn's or infant's attending physician,
primary care physician, or other applicable health care provider;
[and]
(3) the department; and
(4) the primary statewide resource center established
under Section 30.051, Education Code.
SECTION 3. Section 47.008(c), Health and Safety Code, is
amended to read as follows:
(c) The executive commissioner by rule shall develop
guidelines to protect the confidentiality of patients in accordance
with Chapter 159, Occupations Code, and require the written consent
of a parent or guardian of a patient before any individually
identifying information is provided to the department or the
primary statewide resource center established under Section
30.051, Education Code, as set out in this chapter. The department
and center shall permit a parent or guardian at any time to withdraw
information provided to the department or center under this
chapter.
SECTION 4. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules as necessary to implement the
changes in law made by this Act.
SECTION 5. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2255 was passed by the House on April
10, 2019, by the following vote: Yeas 146, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2255 was passed by the Senate on May
8, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor