| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to newborn hearing screenings. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subdivision (2), Section 47.001, Health and |
|
|
Safety Code, is amended to read as follows: |
|
|
(2) "Birthing facility" means: |
|
|
(A) a hospital licensed under Chapter 241 that |
|
|
offers obstetrical services [and is located in a county with a
|
|
|
population of more than 50,000]; or |
|
|
(B) a birthing center licensed under Chapter 244 |
|
|
[that is located in a county with a population of more than 50,000
|
|
|
and that has 100 or more births per year]. |
|
|
SECTION 2. Section 47.003, Health and Safety Code, is |
|
|
amended by amending Subsections (a), (c), and (e) and adding |
|
|
Subsection (f) to read as follows: |
|
|
(a) A birthing facility, through a program certified by the |
|
|
department under Section 47.004, shall perform [offer the parents
|
|
|
of a newborn] a hearing screening on each [for the] newborn born at |
|
|
the facility for the identification of hearing loss before the |
|
|
newborn is discharged from the facility unless the parent declines. |
|
|
The birthing facility [screening] shall inform the parents [be
|
|
|
offered] during the birth admission that: |
|
|
(1) the facility is required by law to screen the |
|
|
newborn for hearing loss; and |
|
|
(2) the parents may decline the screening[, and the
|
|
|
parents shall be informed that information may be provided to the
|
|
|
department upon their written consent]. |
|
|
(c) Subject to Section 47.008, the [The] department shall |
|
|
[may] maintain data and information on each newborn who receives |
|
|
services under the [a] program. |
|
|
(e) The department shall ensure that the intervention |
|
|
described by Subsection (d) is available for a newborn identified |
|
|
as having hearing loss not later than the sixth month after the |
|
|
newborn's birth and through the time the child is an infant. |
|
|
(f) If a newborn or an infant receives intervention services |
|
|
described by Subsection (d), an intervention specialist shall |
|
|
report the results of the intervention under Section 47.007(b). |
|
|
SECTION 3. Chapter 47, Health and Safety Code, is amended by |
|
|
adding Section 47.0031 to read as follows: |
|
|
Sec. 47.0031. FOLLOW-UP SCREENING. (a) The program that |
|
|
performed the hearing screening under Section 47.003 shall provide |
|
|
the newborn's parents with the screening results. A birthing |
|
|
facility, through the program, shall offer or refer to the parents |
|
|
of a newborn with abnormal screening results a follow-up hearing |
|
|
screening. The follow-up hearing screening should be performed not |
|
|
later than the 30th day after the date the newborn is discharged |
|
|
from the facility. |
|
|
(b) If a newborn or an infant has abnormal screening results |
|
|
in a follow-up hearing screening, the program that performed the |
|
|
follow-up hearing screening on the newborn or infant shall: |
|
|
(1) provide the newborn's or infant's parents with the |
|
|
screening results; |
|
|
(2) schedule, or refer for, a diagnostic audiological |
|
|
evaluation for the newborn or infant; and |
|
|
(3) refer the newborn or infant to early childhood |
|
|
intervention services. |
|
|
SECTION 4. Subsection (b), Section 47.004, Health and |
|
|
Safety Code, is amended to read as follows: |
|
|
(b) In order to be certified, the program must: |
|
|
(1) provide hearing screening using equipment |
|
|
recommended by the department; |
|
|
(2) use appropriate staff to provide the screening; |
|
|
(3) maintain and report data electronically as |
|
|
required by the department; |
|
|
(4) distribute family, health care provider, and |
|
|
physician education materials standardized by the department; |
|
|
[and] |
|
|
(5) provide information, as recommended by the |
|
|
department, to the parents on follow-up services for newborns and |
|
|
infants with abnormal screening results; and |
|
|
(6) be supervised by a physician, physician assistant, |
|
|
audiologist, or registered nurse. |
|
|
SECTION 5. Section 47.005, Health and Safety Code, is |
|
|
amended by amending Subsections (b) and (c) and adding Subsection |
|
|
(d) to read as follows: |
|
|
(b) A birthing facility that operates a program shall report |
|
|
screening results to the parents, the newborn's attending |
|
|
physician, primary care physician, or health care provider, and the |
|
|
department. |
|
|
(c) The department responsible for early childhood |
|
|
intervention services and the infant's physician or health care |
|
|
provider shall coordinate the diagnostic audiological evaluation |
|
|
required under Section 47.0031(b)(2) and any appropriate |
|
|
[Appropriate] and necessary follow-up care for the infant [who
|
|
|
needs follow-up care should be directed and coordinated by the
|
|
|
infant's physician or health care provider, with support from
|
|
|
appropriate ancillary services]. A diagnostic audiological |
|
|
evaluation must be completed on the infant not later than the third |
|
|
month after the infant's birth unless the infant has been |
|
|
hospitalized since birth. |
|
|
(d) An audiologist who performs a diagnostic audiological |
|
|
evaluation under this chapter shall report the results of the |
|
|
examination to the parents, the newborn's attending physician or |
|
|
health care provider, and the newborn's primary care physician |
|
|
under Section 47.007(b). |
|
|
SECTION 6. Subsection (b), Section 47.007, Health and |
|
|
Safety Code, is amended to read as follows: |
|
|
(b) Subject to Section 47.008, a [A] qualified hearing |
|
|
screening provider, hospital, health care provider, physician, |
|
|
audiologist, or intervention specialist shall [may] access the |
|
|
information management, reporting, and tracking system to provide |
|
|
information[, where available,] to the department, and may obtain |
|
|
information from the department, [including information] 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) [(2)] infants identified with hearing loss; |
|
|
(5) [(3)] infants who are referred for intervention |
|
|
services; and |
|
|
(6) [(4)] case level information necessary to report |
|
|
required statistics to the Maternal and Child Health Bureau on an |
|
|
annual basis. |
|
|
SECTION 7. Chapter 47, Health and Safety Code, is amended by |
|
|
adding Sections 47.010 and Section 47.011 to read as follows: |
|
|
Sec. 47.010. RULEMAKING. Not later than January 1, 2012, |
|
|
the executive commissioner of the Health and Human Services |
|
|
Commission shall adopt rules based on the guidelines established by |
|
|
the Joint Committee on Infant Hearing as they relate to the hearing |
|
|
screening, diagnostic audiological evaluation, or intervention as |
|
|
necessary to implement this chapter. |
|
|
Sec. 47.011. DUTIES OF MIDWIFE. (a) In this section, |
|
|
"midwife" has the meaning assigned by Sections 203.002 and 301.152, |
|
|
Occupations Code. |
|
|
(b) A midwife who attends the birth of a newborn shall refer |
|
|
the mother to a birthing facility or a provider that performs a |
|
|
hearing screening in accordance with this chapter. |
|
|
SECTION 8. Not later than January 1, 2012, the executive |
|
|
commissioner of the Health and Human Services Commission shall |
|
|
adopt a form to document a parent's decision to decline screening as |
|
|
necessary to implement Section 47.003(a), Health and Safety Code, |
|
|
as amended by this Act. The form may be posted on the commission's |
|
|
website. |
|
|
SECTION 9. Section 47.002, Health and Safety Code, is |
|
|
repealed. |
|
|
SECTION 10. This Act takes effect September 1, 2012. |
|
|
|
|
|
* * * * * |