Texas 2021 - 87th Regular

Texas Senate Bill SB580 Compare Versions

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

Old	New	Differences
1	1	87R5607 EAS-D
2	2	By: Johnson S.B. No. 580
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to newborn and infant hearing screenings.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 47.0031(b), Health and Safety Code, is
10	10	amended to read as follows:
11	11	(b) If a newborn or an infant does not pass the screening in
12	12	a follow-up hearing screening, the program that performed the
13	13	follow-up hearing screening on the newborn or infant shall:
14	14	(1) provide the screening results to:
15	15	(A) the newborn's or infant's parents; and
16	16	(B) [with the prior written consent of the
17	17	newborn's or infant's parents,] the primary statewide resource
18	18	center established under Section 30.051, Education Code;
19	19	(2) assist in scheduling a diagnostic audiological
20	20	evaluation for the newborn or infant, consistent with the most
21	21	current guidelines in the Joint Committee on Infant Hearing
22	22	Position Statement, or refer the newborn or infant to a licensed
23	23	audiologist who provides diagnostic audiological evaluations for
24	24	newborns or infants that are consistent with the most current
25	25	guidelines in the Joint Committee on Infant Hearing Position
26	26	Statement; and
27	27	(3) refer the newborn or infant to early childhood
28	28	intervention services and the primary statewide resource center
29	29	established under Section 30.051, Education Code.
30	30	SECTION 2. Sections 47.007(b), (d), (e), and (f), Health
31	31	and Safety Code, are amended to read as follows:
32	32	(b) A [Subject to Section 47.008, a] qualified hearing
33	33	screening provider, hospital, health care provider, physician,
34	34	audiologist, or intervention specialist shall access the
35	35	information management, reporting, and tracking system to provide
36	36	information to the department and may obtain information from the
37	37	department relating to:
38	38	(1) the results of each hearing screening performed
39	39	under Section 47.003(a) or 47.0031(a);
40	40	(2) the results of each diagnostic audiological
41	41	evaluation required under Section 47.0031(b)(2);
42	42	(3) infants who receive follow-up care;
43	43	(4) infants identified with hearing loss;
44	44	(5) infants who are referred for intervention
45	45	services; and
46	46	(6) case level information necessary to report
47	47	required statistics to:
48	48	(A) the federal Maternal and Child Health Bureau
49	49	on an annual basis; and
50	50	(B) the federal Centers for Disease Control and
51	51	Prevention.
52	52	(d) A qualified hearing screening provider, audiologist,
53	53	intervention specialist, educator, or other person who receives a
54	54	referral from a program under this chapter shall:
55	55	(1) provide the services needed by the newborn or
56	56	infant or refer the newborn or infant to a person who provides the
57	57	services needed by the newborn or infant; and
58	58	(2) provide[, with the consent of the newborn's or
59	59	infant's parent,] the following information to the department or
60	60	the department's designee:
61	61	(A) results of follow-up care;
62	62	(B) results of audiologic testing [of an infant
63	63	identified with hearing loss]; and
64	64	(C) reports on the initiation of intervention
65	65	services.
66	66	(e) A qualified hearing screening provider, audiologist,
67	67	intervention specialist, educator, or other person who provides
68	68	services to an infant who is diagnosed with hearing loss shall
69	69	provide[, with the consent of the infant's parent,] the following
70	70	information to the department or the department's designee:
71	71	(1) results of follow-up care;
72	72	(2) results of audiologic testing; and
73	73	(3) reports on the initiation of intervention
74	74	services.
75	75	(f) A hospital that provides services under this chapter
76	76	shall use the information management, reporting, and tracking
77	77	system described by this section, access to which has been provided
78	78	to the hospital by the department, to report[,with the consent of
79	79	the infant's parent,] the following information to the department
80	80	or the department's designee:
81	81	(1) results of all follow-up services for an infant
82	82	who is screened as [does not pass the screening] described by
83	83	Section 47.003(a) if the hospital provides the follow-up services;
84	84	or
85	85	(2) the name of the provider or facility to which the
86	86	hospital refers an infant who does not pass the screening described
87	87	by Section 47.003(a) for follow-up services.
88	88	SECTION 3. Section 47.008(c), Health and Safety Code, is
89	89	amended to read as follows:
90	90	(c) The executive commissioner by rule shall develop
91	91	guidelines to protect the confidentiality of patients in accordance
92	92	with Chapter 159, Occupations Code, and require [the written or
93	93	electronic consent of] a parent or guardian of a patient to consent
94	94	once in accordance with Section 47.0085 before [any] individually
95	95	identifying information is disclosed for purposes of [provided to
96	96	the department or the primary statewide resource center established
97	97	under Section 30.051, Education Code, as set out in] this chapter.
98	98	The department and primary statewide resource center established
99	99	under Section 30.051, Education Code, shall permit a parent or
100	100	guardian at any time to withdraw information provided to the
101	101	department or center under this chapter.
102	102	SECTION 4. The heading to Section 47.0085, Health and
103	103	Safety Code, is amended to read as follows:
104	104	Sec. 47.0085. DISCLOSURE AND CONSENT.
105	105	SECTION 5. Section 47.0085, Health and Safety Code, is
106	106	amended by amending Subsection (a) and adding Subsections (a-1) and
107	107	(a-2) to read as follows:
108	108	(a) If the consent required for disclosure of information
109	109	under Section 47.008(c) is obtained, a follow-up provider listed in
110	110	Section 47.007 is not required to obtain additional consent of the
111	111	patient's parent or guardian before providing or obtaining
112	112	screening results, follow-up care results, or other information
113	113	related to the patient as specified in Section 47.007.
114	114	(a-1) The department shall create a disclosure statement
115	115	for parents or guardians of newborns or infants under the program
116	116	disclosing that:
117	117	(1) the results of a newborn's or infant's screening
118	118	under Sections 47.003 and 47.0031 may be shared with:
119	119	(A) the primary statewide resource center
120	120	established under Section 30.051, Education Code; and
121	121	(B) early childhood intervention services
122	122	developed under Chapter 73, Human Resources Code;
123	123	(2) a written or electronic consent of the parent or
124	124	guardian must be obtained once in accordance with this section
125	125	before information individually identifying a newborn or infant
126	126	patient is disclosed for purposes of this chapter; and
127	127	(3) the parent's or guardian's consent described by
128	128	Subdivision (2) may be revoked at any time as provided by Subsection
129	129	(a-2)(7).
130	130	(a-2) The department shall create a process to:
131	131	(1) require a birthing facility during a birth
132	132	admission to:
133	133	(A) review with a newborn's parent the disclosure
134	134	statement required by Subsection (a-1);
135	135	(B) obtain the written or electronic consent of
136	136	the parent once as required by Section 47.008(c); and
137	137	(C) if the newborn's parent provides the consent,
138	138	document the consent in the information management, reporting, and
139	139	tracking system described by Section 47.007;
140	140	(2) if the consent of a newborn's parent is not
141	141	obtained under Subdivision (1)(B), allow a follow-up provider of
142	142	services to the newborn or infant under this chapter to obtain the
143	143	consent;
144	144	(3) permit the parent or guardian of a newborn or
145	145	infant to provide the consent [required under this chapter] through
146	146	electronic means, including through audio or video recording;
147	147	(4) ensure the consent status of the parent or
148	148	guardian of a patient is clearly indicated to follow-up providers
149	149	accessing the information management, reporting, and tracking
150	150	system;
151	151	(5) [(2)] determine the manner of storing electronic
152	152	consent records; [and]
153	153	(6) [(3)] ensure the newborn's or infant's attending
154	154	physician has access to the electronic consent records for the
155	155	newborn or infant; and
156	156	(7) allow a parent or guardian of a newborn or infant
157	157	to revoke, at any time, the parent's or guardian's consent for
158	158	disclosure of information described by Section 47.008(c) as
159	159	required by that section.
160	160	SECTION 6. Subchapter E, Chapter 401, Occupations Code, is
161	161	amended by adding Section 401.2023 to read as follows:
162	162	Sec. 401.2023. RULES FOR REPORTING AND REFERRING NEWBORN
163	163	AND INFANT HEARING SCREENINGS AND DIAGNOSTIC SERVICES. (a) An
164	164	audiologist or a speech-language pathologist that provides
165	165	screening or diagnostic services to newborns or infants shall
166	166	follow the protocols for referrals and reporting as required by
167	167	Chapter 47, Health and Safety Code, and commission rules.
168	168	(b) With the assistance of the advisory board, the
169	169	commission shall adopt rules to establish requirements for
170	170	referrals and reporting regarding newborn or infant hearing
171	171	screenings or diagnostic services for purposes of this chapter and
172	172	Chapter 47, Health and Safety Code. In adopting rules under this
173	173	subsection, the commission shall consult with the Department of
174	174	State Health Services or the executive commissioner of the Health
175	175	and Human Services Commission as necessary.
176	176	SECTION 7. (a) The changes in law made by this Act to
177	177	Sections 47.0031(b) and 47.007, Health and Safety Code, apply only
178	178	to data relating to a hearing screening performed under Chapter 47,
179	179	Health and Safety Code, on or after the effective date of this Act.
180	180	Data relating to a hearing screening performed before the effective
181	181	date of this Act is governed by the law in effect on the date the
182	182	hearing screening was performed, and the former law is continued in
183	183	effect for that purpose.
184	184	(b) As soon as practicable after the effective date of this
185	185	Act, the executive commissioner of the Health and Human Services
186	186	Commission shall adopt rules as necessary to implement the changes
187	187	in law made by this Act.
188	188	(c) As soon as practicable after the effective date of this
189	189	Act, the commissioner of state health services shall create the
190	190	disclosure statement required by Section 47.0085(a-1), as added by
191	191	this Act.
192	192	(d) As soon as practicable after the effective date of this
193	193	Act, the Texas Commission of Licensing and Regulation shall adopt
194	194	rules necessary to implement the changes in law made by Section
195	195	401.2023, Occupations Code, as added by this Act.
196	196	SECTION 8. This Act takes effect September 1, 2021.