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A BILL TO BE ENTITLED
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AN ACT
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relating to newborn hearing screenings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 47.003(a) and (c), Health and Safety |
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Code, are amended to read as follows: |
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(a) A birthing facility, through a program certified by the |
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department under Section 47.004, shall perform [offer the parents
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of a newborn] a hearing screening not later than the 30th day after |
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the newborn's birth on each [for the] newborn born at the facility |
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for the identification of hearing loss unless the parent declines |
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the screening for reasons of conscience, including a religious |
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belief. The birthing facility [screening] shall inform the parents |
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[be offered] during the birth admission that: |
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(1) the facility is required by law to screen the |
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newborn for hearing loss;[,] and |
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(2) the parents may decline the screening for reasons |
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of conscience, including a religious belief [shall be informed that
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information may be provided to the department upon their written
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consent]. |
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(c) The department shall [may] maintain data and |
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information on each newborn who receives services under a program. |
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SECTION 2. Chapter 47, Health and Safety Code, is amended by |
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adding Sections 47.0031 and 47.0032 to read as follows: |
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Sec. 47.0031. STANDARD OF CARE. (a) A hearing screening |
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under this chapter must be performed in accordance with the |
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standards of care established by the Joint Committee on Infant |
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Hearing as those standards existed on January 1, 2009, or later |
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standards of the committee adopted by rule for this purpose by the |
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executive commissioner of the Health and Human Services Commission. |
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(b) A newborn for whom the hearing screening is part of a |
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routine well-baby examination may be screened using otoacoustic |
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emission (OAE) or auditory brainstem response (ABR). |
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(c) A newborn admitted to a neonatal intensive care unit for |
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longer than 72 hours must be screened using auditory brainstem |
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response (ABR). |
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Sec. 47.0032. SECOND SCREENING. (a) The department shall |
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develop a program to ensure that a newborn with abnormal screening |
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results receives a second hearing screening after discharge from a |
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birthing facility but not later than the 30th day after the |
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newborn's birth. |
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(b) The department shall ensure that a newborn who has |
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abnormal screening results in a second hearing screening receives a |
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diagnostic examination to determine hearing loss before the end of |
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the third month after the newborn's birth. |
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SECTION 3. Section 47.004(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) In order to be certified, the program must: |
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(1) provide hearing screening using equipment |
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recommended by the department; |
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(2) use appropriately trained [appropriate] staff to |
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provide the screening; |
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(3) maintain and report data electronically as |
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required by the department; |
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(4) distribute family, health care provider, and |
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physician educational materials standardized by the department; |
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[and] |
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(5) provide information, as recommended by the |
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department, to the parents on follow-up services for newborns and |
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infants with abnormal screening results; and |
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(6) be supervised by a physician. |
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SECTION 4. Section 47.005, Health and Safety Code, is |
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amended by adding Subsections (b-1) and (d) and amending Subsection |
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(c) to read as follows: |
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(b-1) A birthing facility may not provide the screening |
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results to the department if the parent objects. |
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(c) The department shall coordinate the diagnostic |
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examination and appropriate [Appropriate] and necessary care for |
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the infant who needs follow-up care with [should be directed and
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coordinated by] the infant's physician or health care provider, |
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with support from appropriate ancillary services. |
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(d) An audiologist who performs a diagnostic examination |
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related to a hearing screening under this chapter shall report the |
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results of the examination to the department under Section |
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47.007(b). |
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SECTION 5. Section 47.007(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) A qualified hearing screening provider, hospital, |
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audiologist, or intervention specialist shall [may] access the |
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information management, reporting, and tracking system to provide |
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information[, where available,] to the department, including |
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information relating to: |
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(1) the results of each hearing screening performed |
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under Section 47.003; |
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(2) [(1)] infants who receive follow-up care; |
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(3) [(2)] infants identified with hearing loss; |
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(4) [(3)] infants who are referred for intervention |
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services; and |
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(5) [(4)] case level information necessary to report |
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required statistics to the Maternal and Child Health Bureau on an |
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annual basis. |
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SECTION 6. This Act takes effect September 1, 2009. |