86R4408 JG-F
By: Johnson S.B. No. 1912
A BILL TO BE ENTITLED
AN ACT
relating to the sharing of newborn and infant hearing screening
results and the provision of information to parents 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 newborn's or infant's parents with the
screening results;
(2) with the prior written consent of the newborn's or
infant's parents, provide the screening results to the primary
statewide resource center established under Section 30.051,
Education Code;
(3) 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
(4) [(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), (b), and (d) 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;
(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.
(d) The department may coordinate the diagnostic
audiological evaluation required under Section 47.0031(b)(3)
[47.0031(b)(2)]. A diagnostic audiological evaluation must be
completed on the newborn or infant:
(1) not later than the third month after the newborn's
or infant's birth unless the newborn or infant has been
hospitalized since birth; or
(2) upon referral by the newborn's or infant's primary
care physician or other applicable health care provider.
SECTION 3. Sections 47.007(b) and (h), Health and Safety
Code, are amended to read as follows:
(b) Subject to Section 47.008, a qualified hearing
screening provider, hospital, health care provider, physician,
audiologist, or intervention specialist shall access the
information management, reporting, and tracking system to provide
information to the department and may obtain information from the
department relating to:
(1) the results of each hearing screening performed
under Section 47.003(a) or 47.0031(a);
(2) the results of each diagnostic audiological
evaluation required under Section 47.0031(b)(3) [47.0031(b)(2)];
(3) infants who receive follow-up care;
(4) infants identified with hearing loss;
(5) infants who are referred for intervention
services; and
(6) case level information necessary to report
required statistics to:
(A) the federal Maternal and Child Health Bureau
on an annual basis; and
(B) the federal Centers for Disease Control and
Prevention.
(h) Subject to Section 47.008, a qualified hearing
screening provider, hospital, health care provider, physician,
audiologist, or intervention specialist may obtain information
from the department relating to:
(1) the results of each hearing screening performed
under Section 47.003(a) or 47.0031(a);
(2) the results of each diagnostic audiological
evaluation required under Section 47.0031(b)(3) [47.0031(b)(2)];
(3) infants who receive follow-up care;
(4) infants identified with hearing loss; and
(5) infants who are referred for intervention
services.
SECTION 4. 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 the primary statewide resource center shall permit a parent or
guardian at any time to withdraw information provided to the
department or center under this chapter.
SECTION 5. 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 6. This Act takes effect September 1, 2019.