Texas 2019 - 86th Regular

Texas Senate Bill SB1912 Compare Versions

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

Old	New	Differences
1	1	86R4408 JG-F
2	2	By: Johnson S.B. No. 1912
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the sharing of newborn and infant hearing screening
8	8	results and the provision of information to parents following a
9	9	screening.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 47.0031(b), Health and Safety Code, is
12	12	amended to read as follows:
13	13	(b) If a newborn or an infant does not pass the screening in
14	14	a follow-up hearing screening, the program that performed the
15	15	follow-up hearing screening on the newborn or infant shall:
16	16	(1) provide the newborn's or infant's parents with the
17	17	screening results;
18	18	(2) with the prior written consent of the newborn's or
19	19	infant's parents, provide the screening results to the primary
20	20	statewide resource center established under Section 30.051,
21	21	Education Code;
22	22	(3) assist in scheduling a diagnostic audiological
23	23	evaluation for the newborn or infant, consistent with the most
24	24	current guidelines in the Joint Committee on Infant Hearing
25	25	Position Statement, or refer the newborn or infant to a licensed
26	26	audiologist who provides diagnostic audiological evaluations for
27	27	newborns or infants that are consistent with the most current
28	28	guidelines in the Joint Committee on Infant Hearing Position
29	29	Statement; and
30	30	(4) [(3)] refer the newborn or infant to early
31	31	childhood intervention services and the primary statewide resource
32	32	center established under Section 30.051, Education Code.
33	33	SECTION 2. Section 47.005, Health and Safety Code, is
34	34	amended by amending Subsections (a), (b), and (d) and adding
35	35	Subsection (a-1) to read as follows:
36	36	(a) A birthing facility that operates a program shall
37	37	simultaneously distribute to the parents of each newborn or infant
38	38	who is screened:
39	39	(1) the screening results;
40	40	(2) educational and informational materials that are
41	41	standardized by the department regarding:
42	42	(A) [screening results and] follow-up care; and
43	43	(B) available public resources, including:
44	44	(i) early childhood intervention services
45	45	developed under Chapter 73, Human Resources Code;
46	46	(ii) the primary statewide resource center
47	47	established under Section 30.051, Education Code; and
48	48	(iii) contact information for Texas Early
49	49	Hearing Detection and Intervention.
50	50	(a-1) The department shall make available to the public on
51	51	request the educational and informational materials described by
52	52	Subsection (a)(2).
53	53	(b) A birthing facility that operates a program shall report
54	54	screening results to:
55	55	(1) the parents;
56	56	(2) the newborn's or infant's attending physician,
57	57	primary care physician, or other applicable health care provider;
58	58	[and]
59	59	(3) the department; and
60	60	(4) the primary statewide resource center established
61	61	under Section 30.051, Education Code.
62	62	(d) The department may coordinate the diagnostic
63	63	audiological evaluation required under Section 47.0031(b)(3)
64	64	[47.0031(b)(2)]. A diagnostic audiological evaluation must be
65	65	completed on the newborn or infant:
66	66	(1) not later than the third month after the newborn's
67	67	or infant's birth unless the newborn or infant has been
68	68	hospitalized since birth; or
69	69	(2) upon referral by the newborn's or infant's primary
70	70	care physician or other applicable health care provider.
71	71	SECTION 3. Sections 47.007(b) and (h), Health and Safety
72	72	Code, are amended to read as follows:
73	73	(b) Subject to Section 47.008, a qualified hearing
74	74	screening provider, hospital, health care provider, physician,
75	75	audiologist, or intervention specialist shall access the
76	76	information management, reporting, and tracking system to provide
77	77	information to the department and may obtain information from the
78	78	department relating to:
79	79	(1) the results of each hearing screening performed
80	80	under Section 47.003(a) or 47.0031(a);
81	81	(2) the results of each diagnostic audiological
82	82	evaluation required under Section 47.0031(b)(3) [47.0031(b)(2)];
83	83	(3) infants who receive follow-up care;
84	84	(4) infants identified with hearing loss;
85	85	(5) infants who are referred for intervention
86	86	services; and
87	87	(6) case level information necessary to report
88	88	required statistics to:
89	89	(A) the federal Maternal and Child Health Bureau
90	90	on an annual basis; and
91	91	(B) the federal Centers for Disease Control and
92	92	Prevention.
93	93	(h) Subject to Section 47.008, a qualified hearing
94	94	screening provider, hospital, health care provider, physician,
95	95	audiologist, or intervention specialist may obtain information
96	96	from the department relating to:
97	97	(1) the results of each hearing screening performed
98	98	under Section 47.003(a) or 47.0031(a);
99	99	(2) the results of each diagnostic audiological
100	100	evaluation required under Section 47.0031(b)(3) [47.0031(b)(2)];
101	101	(3) infants who receive follow-up care;
102	102	(4) infants identified with hearing loss; and
103	103	(5) infants who are referred for intervention
104	104	services.
105	105	SECTION 4. Section 47.008(c), Health and Safety Code, is
106	106	amended to read as follows:
107	107	(c) The executive commissioner by rule shall develop
108	108	guidelines to protect the confidentiality of patients in accordance
109	109	with Chapter 159, Occupations Code, and require the written consent
110	110	of a parent or guardian of a patient before any individually
111	111	identifying information is provided to the department or the
112	112	primary statewide resource center established under Section
113	113	30.051, Education Code, as set out in this chapter. The department
114	114	and the primary statewide resource center shall permit a parent or
115	115	guardian at any time to withdraw information provided to the
116	116	department or center under this chapter.
117	117	SECTION 5. As soon as practicable after the effective date
118	118	of this Act, the executive commissioner of the Health and Human
119	119	Services Commission shall adopt rules as necessary to implement the
120	120	changes in law made by this Act.
121	121	SECTION 6. This Act takes effect September 1, 2019.