Texas 2021 - 87th Regular

Texas House Bill HB2566 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R5607 EAS-D
2		-	By: Darby, Oliverson, Anderson, Howard, H.B. No. 2566
3		-	Coleman, et al.
	2	+	By: Darby H.B. No. 2566
4	3
5	4
6	5		A BILL TO BE ENTITLED
7	6		AN ACT
8	7		relating to newborn and infant hearing screenings.
9	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	9		SECTION 1. Section 47.0031(b), Health and Safety Code, is
11	10		amended to read as follows:
12	11		(b) If a newborn or an infant does not pass the screening in
13	12		a follow-up hearing screening, the program that performed the
14	13		follow-up hearing screening on the newborn or infant shall:
15	14		(1) provide the screening results to:
16	15		(A) the newborn's or infant's parents; and
17	16		(B) [with the prior written consent of the
18	17		newborn's or infant's parents,] the primary statewide resource
19	18		center established under Section 30.051, Education Code;
20	19		(2) assist in scheduling a diagnostic audiological
21	20		evaluation for the newborn or infant, consistent with the most
22	21		current guidelines in the Joint Committee on Infant Hearing
23	22		Position Statement, or refer the newborn or infant to a licensed
24	23		audiologist who provides diagnostic audiological evaluations for
25	24		newborns or infants that are consistent with the most current
26	25		guidelines in the Joint Committee on Infant Hearing Position
27	26		Statement; and
28	27		(3) refer the newborn or infant to early childhood
29	28		intervention services and the primary statewide resource center
30	29		established under Section 30.051, Education Code.
31	30		SECTION 2. Sections 47.007(b), (d), (e), and (f), Health
32	31		and Safety Code, are amended to read as follows:
33	32		(b) A [Subject to Section 47.008, a] qualified hearing
34	33		screening provider, hospital, health care provider, physician,
35	34		audiologist, or intervention specialist shall access the
36	35		information management, reporting, and tracking system to provide
37	36		information to the department and may obtain information from the
38	37		department relating to:
39	38		(1) the results of each hearing screening performed
40	39		under Section 47.003(a) or 47.0031(a);
41	40		(2) the results of each diagnostic audiological
42	41		evaluation required under Section 47.0031(b)(2);
43	42		(3) infants who receive follow-up care;
44	43		(4) infants identified with hearing loss;
45	44		(5) infants who are referred for intervention
46	45		services; and
47	46		(6) case level information necessary to report
48	47		required statistics to:
49	48		(A) the federal Maternal and Child Health Bureau
50	49		on an annual basis; and
51	50		(B) the federal Centers for Disease Control and
52	51		Prevention.
53	52		(d) A qualified hearing screening provider, audiologist,
54	53		intervention specialist, educator, or other person who receives a
55	54		referral from a program under this chapter shall:
56	55		(1) provide the services needed by the newborn or
57	56		infant or refer the newborn or infant to a person who provides the
58	57		services needed by the newborn or infant; and
59	58		(2) provide[, with the consent of the newborn's or
60	59		infant's parent,] the following information to the department or
61	60		the department's designee:
62	61		(A) results of follow-up care;
63	62		(B) results of audiologic testing [of an infant
64	63		identified with hearing loss]; and
65	64		(C) reports on the initiation of intervention
66	65		services.
67	66		(e) A qualified hearing screening provider, audiologist,
68	67		intervention specialist, educator, or other person who provides
69	68		services to an infant who is diagnosed with hearing loss shall
70	69		provide[, with the consent of the infant's parent,] the following
71	70		information to the department or the department's designee:
72	71		(1) results of follow-up care;
73	72		(2) results of audiologic testing; and
74	73		(3) reports on the initiation of intervention
75	74		services.
76	75		(f) A hospital that provides services under this chapter
77	76		shall use the information management, reporting, and tracking
78	77		system described by this section, access to which has been provided
79	78		to the hospital by the department, to report[,with the consent of
80	79		the infant's parent,] the following information to the department
81	80		or the department's designee:
82	81		(1) results of all follow-up services for an infant
83	82		who is screened as [does not pass the screening] described by
84	83		Section 47.003(a) if the hospital provides the follow-up services;
85	84		or
86	85		(2) the name of the provider or facility to which the
87	86		hospital refers an infant who does not pass the screening described
88	87		by Section 47.003(a) for follow-up services.
89	88		SECTION 3. Section 47.008(c), Health and Safety Code, is
90	89		amended to read as follows:
91	90		(c) The executive commissioner by rule shall develop
92	91		guidelines to protect the confidentiality of patients in accordance
93	92		with Chapter 159, Occupations Code, and require [the written or
94	93		electronic consent of] a parent or guardian of a patient to consent
95	94		once in accordance with Section 47.0085 before [any] individually
96	95		identifying information is disclosed for purposes of [provided to
97	96		the department or the primary statewide resource center established
98	97		under Section 30.051, Education Code, as set out in] this chapter.
99	98		The department and primary statewide resource center established
100	99		under Section 30.051, Education Code, shall permit a parent or
101	100		guardian at any time to withdraw information provided to the
102	101		department or center under this chapter.
103	102		SECTION 4. The heading to Section 47.0085, Health and
104	103		Safety Code, is amended to read as follows:
105	104		Sec. 47.0085. DISCLOSURE AND CONSENT.
106	105		SECTION 5. Section 47.0085, Health and Safety Code, is
107	106		amended by amending Subsection (a) and adding Subsections (a-1) and
108	107		(a-2) to read as follows:
109	108		(a) If the consent required for disclosure of information
110	109		under Section 47.008(c) is obtained, a follow-up provider listed in
111	110		Section 47.007 is not required to obtain additional consent of the
112	111		patient's parent or guardian before providing or obtaining
113	112		screening results, follow-up care results, or other information
114	113		related to the patient as specified in Section 47.007.
115	114		(a-1) The department shall create a disclosure statement
116	115		for parents or guardians of newborns or infants under the program
117	116		disclosing that:
118	117		(1) the results of a newborn's or infant's screening
119	118		under Sections 47.003 and 47.0031 may be shared with:
120	119		(A) the primary statewide resource center
121	120		established under Section 30.051, Education Code; and
122	121		(B) early childhood intervention services
123	122		developed under Chapter 73, Human Resources Code;
124	123		(2) a written or electronic consent of the parent or
125	124		guardian must be obtained once in accordance with this section
126	125		before information individually identifying a newborn or infant
127	126		patient is disclosed for purposes of this chapter; and
128	127		(3) the parent's or guardian's consent described by
129	128		Subdivision (2) may be revoked at any time as provided by Subsection
130	129		(a-2)(7).
131	130		(a-2) The department shall create a process to:
132	131		(1) require a birthing facility during a birth
133	132		admission to:
134	133		(A) review with a newborn's parent the disclosure
135	134		statement required by Subsection (a-1);
136	135		(B) obtain the written or electronic consent of
137	136		the parent once as required by Section 47.008(c); and
138	137		(C) if the newborn's parent provides the consent,
139	138		document the consent in the information management, reporting, and
140	139		tracking system described by Section 47.007;
141	140		(2) if the consent of a newborn's parent is not
142	141		obtained under Subdivision (1)(B), allow a follow-up provider of
143	142		services to the newborn or infant under this chapter to obtain the
144	143		consent;
145	144		(3) permit the parent or guardian of a newborn or
146	145		infant to provide the consent [required under this chapter] through
147	146		electronic means, including through audio or video recording;
148	147		(4) ensure the consent status of the parent or
149	148		guardian of a patient is clearly indicated to follow-up providers
150	149		accessing the information management, reporting, and tracking
151	150		system;
152	151		(5) [(2)] determine the manner of storing electronic
153	152		consent records; [and]
154	153		(6) [(3)] ensure the newborn's or infant's attending
155	154		physician has access to the electronic consent records for the
156	155		newborn or infant; and
157	156		(7) allow a parent or guardian of a newborn or infant
158	157		to revoke, at any time, the parent's or guardian's consent for
159	158		disclosure of information described by Section 47.008(c) as
160	159		required by that section.
161	160		SECTION 6. Subchapter E, Chapter 401, Occupations Code, is
162	161		amended by adding Section 401.2023 to read as follows:
163	162		Sec. 401.2023. RULES FOR REPORTING AND REFERRING NEWBORN
164	163		AND INFANT HEARING SCREENINGS AND DIAGNOSTIC SERVICES. (a) An
165	164		audiologist or a speech-language pathologist that provides
166	165		screening or diagnostic services to newborns or infants shall
167	166		follow the protocols for referrals and reporting as required by
168	167		Chapter 47, Health and Safety Code, and commission rules.
169	168		(b) With the assistance of the advisory board, the
170	169		commission shall adopt rules to establish requirements for
171	170		referrals and reporting regarding newborn or infant hearing
172	171		screenings or diagnostic services for purposes of this chapter and
173	172		Chapter 47, Health and Safety Code. In adopting rules under this
174	173		subsection, the commission shall consult with the Department of
175	174		State Health Services or the executive commissioner of the Health
176	175		and Human Services Commission as necessary.
177	176		SECTION 7. (a) The changes in law made by this Act to
178	177		Sections 47.0031(b) and 47.007, Health and Safety Code, apply only
179	178		to data relating to a hearing screening performed under Chapter 47,
180	179		Health and Safety Code, on or after the effective date of this Act.
181	180		Data relating to a hearing screening performed before the effective
182	181		date of this Act is governed by the law in effect on the date the
183	182		hearing screening was performed, and the former law is continued in
184	183		effect for that purpose.
185	184		(b) As soon as practicable after the effective date of this
186	185		Act, the executive commissioner of the Health and Human Services
187	186		Commission shall adopt rules as necessary to implement the changes
188	187		in law made by this Act.
189	188		(c) As soon as practicable after the effective date of this
190	189		Act, the commissioner of state health services shall create the
191	190		disclosure statement required by Section 47.0085(a-1), as added by
192	191		this Act.
193	192		(d) As soon as practicable after the effective date of this
194	193		Act, the Texas Commission of Licensing and Regulation shall adopt
195	194		rules necessary to implement the changes in law made by Section
196	195		401.2023, Occupations Code, as added by this Act.
197	196		SECTION 8. This Act takes effect September 1, 2021.