88R234 EAS-D
By: Johnson S.B. No. 619
A BILL TO BE ENTITLED
AN ACT
relating to newborn and infant hearing screenings.
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 screening results to:
(A) the newborn's or infant's parents; and
(B) [with the prior written consent of the
newborn's or infant's parents,] the primary statewide resource
center established under Section 30.051, Education Code;
(2) 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
(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. Sections 47.007(b), (d), (e), and (f), Health
and Safety Code, are amended to read as follows:
(b) A [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)(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.
(d) A qualified hearing screening provider, audiologist,
intervention specialist, educator, or other person who receives a
referral from a program under this chapter shall:
(1) provide the services needed by the newborn or
infant or refer the newborn or infant to a person who provides the
services needed by the newborn or infant; and
(2) provide[, with the consent of the newborn's or
infant's parent,] the following information to the department or
the department's designee:
(A) results of follow-up care;
(B) results of audiologic testing [of an infant
identified with hearing loss]; and
(C) reports on the initiation of intervention
services.
(e) A qualified hearing screening provider, audiologist,
intervention specialist, educator, or other person who provides
services to an infant who is diagnosed with hearing loss shall
provide[, with the consent of the infant's parent,] the following
information to the department or the department's designee:
(1) results of follow-up care;
(2) results of audiologic testing; and
(3) reports on the initiation of intervention
services.
(f) A hospital that provides services under this chapter
shall use the information management, reporting, and tracking
system described by this section, access to which has been provided
to the hospital by the department, to report[,with the consent of
the infant's parent,] the following information to the department
or the department's designee:
(1) results of all follow-up services for an infant
who is screened as [does not pass the screening] described by
Section 47.003(a) if the hospital provides the follow-up services;
or
(2) the name of the provider or facility to which the
hospital refers an infant who does not pass the screening described
by Section 47.003(a) for follow-up services.
SECTION 3. Sections 47.008(c) and (d), Health and Safety
Code, are 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 or
electronic consent of] a parent [or guardian] of a patient to
consent once in accordance with Section 47.0085 before [any]
individually identifying information is disclosed for purposes of
[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 established under Section 30.051, Education Code, shall
permit a parent [or guardian] at any time to withdraw information
provided to the department or center under this chapter.
(d) Statistical or aggregated information that is about
activities conducted under this chapter and that could not be used
to individually identify a newborn, infant, or patient or a parent
[or guardian] of a newborn, infant, or patient is not confidential.
SECTION 4. The heading to Section 47.0085, Health and
Safety Code, is amended to read as follows:
Sec. 47.0085. DISCLOSURE AND CONSENT.
SECTION 5. Section 47.0085, Health and Safety Code, is
amended by amending Subsections (a) and (b) and adding Subsections
(a-1) and (a-2) to read as follows:
(a) If the consent required for disclosure of information
under Section 47.008(c) is obtained, a follow-up provider listed in
Section 47.007 is not required to obtain additional consent of the
patient's parent before providing or obtaining screening results,
follow-up care results, or other information related to the patient
as specified in Section 47.007.
(a-1) The department shall create a disclosure statement
for parents of newborns or infants screened under the program
disclosing that:
(1) the results of a newborn's or infant's screening
under Sections 47.003 and 47.0031 may be shared with:
(A) the primary statewide resource center
established under Section 30.051, Education Code; and
(B) early childhood intervention services
developed under Chapter 73, Human Resources Code;
(2) a written or electronic consent of the parent must
be obtained once in accordance with this section before information
individually identifying a newborn or infant patient is disclosed
for purposes of this chapter; and
(3) the parent's consent described by Subdivision (2)
may be revoked at any time as provided by Subsection (a-2)(7).
(a-2) The department shall create a process to:
(1) require a birthing facility during a birth
admission to:
(A) review with a newborn's parent the disclosure
statement required by Subsection (a-1);
(B) obtain the written or electronic consent of
the parent once as required by Section 47.008(c); and
(C) if the newborn's parent provides the consent,
document the consent in the information management, reporting, and
tracking system described by Section 47.007;
(2) if the consent of a newborn's parent is not
obtained under Subdivision (1)(B), allow a follow-up provider of
services to the newborn or infant under this chapter to obtain the
consent;
(3) permit the parent of a newborn or infant to provide
the consent [required under this chapter] through electronic means,
including through audio or video recording;
(4) ensure the consent status of the parent of a
patient is clearly indicated to follow-up providers accessing the
information management, reporting, and tracking system;
(5) [(2)] determine the manner of storing electronic
consent records; [and]
(6) [(3)] ensure the newborn's or infant's attending
physician has access to the electronic consent records for the
newborn or infant; and
(7) allow a parent of a newborn or infant to revoke, at
any time, the parent's consent for disclosure of information
described by Section 47.008(c) as required by that section.
(b) A request for consent required by this chapter may be
submitted to the parent [or guardian] of a newborn or infant through
written or electronic means, including through audio or visual
recording.
SECTION 6. Subchapter E, Chapter 401, Occupations Code, is
amended by adding Section 401.2022 to read as follows:
Sec. 401.2022. RULES FOR REPORTING AND REFERRING NEWBORN
AND INFANT HEARING SCREENINGS AND DIAGNOSTIC SERVICES. (a) An
audiologist or a speech-language pathologist that provides
screening or diagnostic services to newborns or infants shall
follow the referral and reporting protocols required by Chapter 47,
Health and Safety Code, and commission rules.
(b) With the assistance of the advisory board, the
commission shall adopt rules to establish referral and reporting
requirements for newborn or infant hearing screenings or diagnostic
services for purposes of this chapter and Chapter 47, Health and
Safety Code. In adopting rules under this subsection, the
commission shall consult with the Department of State Health
Services or the executive commissioner of the Health and Human
Services Commission as necessary.
SECTION 7. (a) The changes in law made by this Act to
Sections 47.0031(b) and 47.007, Health and Safety Code, apply only
to data relating to a hearing screening performed under Chapter 47,
Health and Safety Code, on or after the effective date of this Act.
Data relating to a hearing screening performed before the effective
date of this Act is governed by the law in effect on the date the
hearing screening was performed, and the former law is continued in
effect for that purpose.
(b) 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.
(c) As soon as practicable after the effective date of this
Act, the commissioner of state health services shall create the
disclosure statement required by Section 47.0085(a-1), Health and
Safety Code, as added by this Act.
(d) As soon as practicable after the effective date of this
Act, the Texas Commission of Licensing and Regulation shall adopt
rules necessary to implement the changes in law made by Section
401.2022, Occupations Code, as added by this Act.
SECTION 8. This Act takes effect September 1, 2023.