Texas 2023 - 88th Regular

Texas Senate Bill SB619 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R234 EAS-D
2	2	By: Johnson S.B. No. 619
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. Sections 47.008(c) and (d), Health and Safety
89	89	Code, are 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
94	94	consent once in accordance with Section 47.0085 before [any]
95	95	individually identifying information is disclosed for purposes of
96	96	[provided to the department or the primary statewide resource
97	97	center established under Section 30.051, Education Code, as set out
98	98	in] this chapter. The department and the primary statewide resource
99	99	center established under Section 30.051, Education Code, shall
100	100	permit a parent [or guardian] at any time to withdraw information
101	101	provided to the department or center under this chapter.
102	102	(d) Statistical or aggregated information that is about
103	103	activities conducted under this chapter and that could not be used
104	104	to individually identify a newborn, infant, or patient or a parent
105	105	[or guardian] of a newborn, infant, or patient is not confidential.
106	106	SECTION 4. The heading to Section 47.0085, Health and
107	107	Safety Code, is amended to read as follows:
108	108	Sec. 47.0085. DISCLOSURE AND CONSENT.
109	109	SECTION 5. Section 47.0085, Health and Safety Code, is
110	110	amended by amending Subsections (a) and (b) and adding Subsections
111	111	(a-1) and (a-2) to read as follows:
112	112	(a) If the consent required for disclosure of information
113	113	under Section 47.008(c) is obtained, a follow-up provider listed in
114	114	Section 47.007 is not required to obtain additional consent of the
115	115	patient's parent before providing or obtaining screening results,
116	116	follow-up care results, or other information related to the patient
117	117	as specified in Section 47.007.
118	118	(a-1) The department shall create a disclosure statement
119	119	for parents of newborns or infants screened under the program
120	120	disclosing that:
121	121	(1) the results of a newborn's or infant's screening
122	122	under Sections 47.003 and 47.0031 may be shared with:
123	123	(A) the primary statewide resource center
124	124	established under Section 30.051, Education Code; and
125	125	(B) early childhood intervention services
126	126	developed under Chapter 73, Human Resources Code;
127	127	(2) a written or electronic consent of the parent must
128	128	be obtained once in accordance with this section before information
129	129	individually identifying a newborn or infant patient is disclosed
130	130	for purposes of this chapter; and
131	131	(3) the parent's consent described by Subdivision (2)
132	132	may be revoked at any time as provided by Subsection (a-2)(7).
133	133	(a-2) The department shall create a process to:
134	134	(1) require a birthing facility during a birth
135	135	admission to:
136	136	(A) review with a newborn's parent the disclosure
137	137	statement required by Subsection (a-1);
138	138	(B) obtain the written or electronic consent of
139	139	the parent once as required by Section 47.008(c); and
140	140	(C) if the newborn's parent provides the consent,
141	141	document the consent in the information management, reporting, and
142	142	tracking system described by Section 47.007;
143	143	(2) if the consent of a newborn's parent is not
144	144	obtained under Subdivision (1)(B), allow a follow-up provider of
145	145	services to the newborn or infant under this chapter to obtain the
146	146	consent;
147	147	(3) permit the parent of a newborn or infant to provide
148	148	the consent [required under this chapter] through electronic means,
149	149	including through audio or video recording;
150	150	(4) ensure the consent status of the parent of a
151	151	patient is clearly indicated to follow-up providers accessing the
152	152	information management, reporting, and tracking system;
153	153	(5) [(2)] determine the manner of storing electronic
154	154	consent records; [and]
155	155	(6) [(3)] ensure the newborn's or infant's attending
156	156	physician has access to the electronic consent records for the
157	157	newborn or infant; and
158	158	(7) allow a parent of a newborn or infant to revoke, at
159	159	any time, the parent's consent for disclosure of information
160	160	described by Section 47.008(c) as required by that section.
161	161	(b) A request for consent required by this chapter may be
162	162	submitted to the parent [or guardian] of a newborn or infant through
163	163	written or electronic means, including through audio or visual
164	164	recording.
165	165	SECTION 6. Subchapter E, Chapter 401, Occupations Code, is
166	166	amended by adding Section 401.2022 to read as follows:
167	167	Sec. 401.2022. RULES FOR REPORTING AND REFERRING NEWBORN
168	168	AND INFANT HEARING SCREENINGS AND DIAGNOSTIC SERVICES. (a) An
169	169	audiologist or a speech-language pathologist that provides
170	170	screening or diagnostic services to newborns or infants shall
171	171	follow the referral and reporting protocols required by Chapter 47,
172	172	Health and Safety Code, and commission rules.
173	173	(b) With the assistance of the advisory board, the
174	174	commission shall adopt rules to establish referral and reporting
175	175	requirements for newborn or infant hearing screenings or diagnostic
176	176	services for purposes of this chapter and Chapter 47, Health and
177	177	Safety Code. In adopting rules under this subsection, the
178	178	commission shall consult with the Department of State Health
179	179	Services or the executive commissioner of the Health and Human
180	180	Services Commission as necessary.
181	181	SECTION 7. (a) The changes in law made by this Act to
182	182	Sections 47.0031(b) and 47.007, Health and Safety Code, apply only
183	183	to data relating to a hearing screening performed under Chapter 47,
184	184	Health and Safety Code, on or after the effective date of this Act.
185	185	Data relating to a hearing screening performed before the effective
186	186	date of this Act is governed by the law in effect on the date the
187	187	hearing screening was performed, and the former law is continued in
188	188	effect for that purpose.
189	189	(b) As soon as practicable after the effective date of this
190	190	Act, the executive commissioner of the Health and Human Services
191	191	Commission shall adopt rules as necessary to implement the changes
192	192	in law made by this Act.
193	193	(c) As soon as practicable after the effective date of this
194	194	Act, the commissioner of state health services shall create the
195	195	disclosure statement required by Section 47.0085(a-1), Health and
196	196	Safety Code, as added by this Act.
197	197	(d) As soon as practicable after the effective date of this
198	198	Act, the Texas Commission of Licensing and Regulation shall adopt
199	199	rules necessary to implement the changes in law made by Section
200	200	401.2022, Occupations Code, as added by this Act.
201	201	SECTION 8. This Act takes effect September 1, 2023.