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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. Section 47.002, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 47.002. APPLICABILITY OF CHAPTER. Except as provided |
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by Section 47.011, this [This] chapter does not apply to a facility |
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operated by a midwife as defined by Section 203.002, Occupations |
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Code. |
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SECTION 2. Section 47.003, Health and Safety Code, is |
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amended by amending Subsections (a), (c), and (e) and adding |
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Subsection (f) 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 on each [for the] newborn born at |
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the facility for the identification of hearing loss before the |
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newborn is discharged from the facility 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[, and the parents shall
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be informed that information may be provided to the department upon
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their written consent]. |
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(c) Subject to Section 47.008, the [The] department shall |
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[may] maintain data and information on each newborn who receives |
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services under a program. |
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(e) The department shall ensure that the intervention |
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described by Subsection (d) is available for a newborn identified |
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as having hearing loss not later than the sixth month after the |
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newborn's birth and through the time the child is an infant. |
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(f) If a newborn or an infant receives intervention services |
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described by Subsection (d), an intervention specialist shall |
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report the results of the intervention under Section 47.007(b). |
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SECTION 3. Chapter 47, Health and Safety Code, is amended by |
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adding Section 47.0031 to read as follows: |
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Sec. 47.0031. SECOND SCREENING. (a) The program that |
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performed the hearing screening under Section 47.003 shall provide |
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the newborn's parents with the screening results. A birthing |
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facility, through the program, shall offer a second hearing |
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screening to the parents of a newborn with abnormal screening |
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results. The second hearing screening must be performed not later |
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than the 30th day after the newborn's birth. |
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(b) The program that performed the first hearing screening |
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on the newborn shall perform the second hearing screening as an |
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outpatient service. |
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(c) If a newborn or an infant has abnormal screening results |
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in a second hearing screening, the program that performed the first |
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and second hearing screenings on the newborn or infant shall: |
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(1) provide the newborn's or infant's parents with the |
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screening results; |
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(2) schedule a diagnostic examination for the newborn |
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or infant; and |
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(3) refer the newborn or infant to early childhood |
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intervention services. |
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SECTION 4. 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 appropriate staff to 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 or an audiologist. |
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SECTION 5. Section 47.005, Health and Safety Code, is |
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amended by amending Subsections (b) and (c) and adding Subsection |
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(d) to read as follows: |
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(b) A [birthing facility that operates a] program shall |
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report screening results to [the parents, the newborn's attending
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physician or health care provider, and] the department. |
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(c) The division responsible for early childhood |
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intervention services at the Department of Assistive and |
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Rehabilitative Services shall coordinate the diagnostic |
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examination required under Section 47.0031(c)(2) and appropriate |
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[Appropriate] and necessary follow-up care for the infant [who
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needs follow-up care should be directed and coordinated by the
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infant's physician or health care provider, with support from
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appropriate ancillary services]. A diagnostic work-up must be |
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completed on the infant not later than the third month after the |
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infant's birth unless the infant has been hospitalized since birth. |
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(d) An audiologist who performs a diagnostic examination |
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under this chapter shall report the results of the examination to |
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the department under Section 47.007(b). |
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SECTION 6. Section 47.007(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) Subject to Section 47.008, a [A] qualified hearing |
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screening provider, hospital, health care provider, physician, |
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audiologist, or intervention specialist may access the information |
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management, reporting, and tracking system to provide |
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information[, where available,] to the department and obtain |
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information from the department[, including information] relating |
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to: |
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(1) the results of each hearing screening performed |
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under Section 47.003(a) or 47.0031(a); |
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(2) the results of each diagnostic examination |
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required under Section 47.0031(c)(2); |
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(3) [(1)] infants who receive follow-up care; |
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(4) [(2)] infants identified with hearing loss; |
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(5) [(3)] infants who are referred for intervention |
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services; and |
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(6) [(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 7. Chapter 47, Health and Safety Code, is amended by |
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adding Sections 47.010 and 47.011 to read as follows: |
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Sec. 47.010. STANDARD OF CARE. A hearing screening, |
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diagnostic examination, or intervention under this chapter must be |
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performed in accordance with the standards of care established by |
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the Joint Committee on Infant Hearing as those standards existed on |
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January 1, 2011, or later standards of the committee adopted by rule |
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for this purpose by the executive commissioner of the Health and |
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Human Services Commission. |
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Sec. 47.011. DUTIES OF MIDWIFE. (a) In this section, |
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"midwife" has the meaning assigned by Section 203.002, Occupations |
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Code. |
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(b) A midwife who attends the birth of a newborn shall |
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inform the mother of a hearing screening available in accordance |
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with this chapter. |
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SECTION 8. This Act takes effect September 1, 2011. |