Bill Text: TX HB2566 | 2021-2022 | 87th Legislature | Comm Sub


Bill Title: Relating to newborn and infant hearing screenings.

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Engrossed) 2021-05-10 - Referred to Health & Human Services [HB2566 Detail]

Download: Texas-2021-HB2566-Comm_Sub.html
  87R5607 EAS-D
 
  By: Darby, Oliverson, Anderson, Howard, H.B. No. 2566
      Coleman, et al.
 
 
 
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.  Section 47.008(c), Health and Safety Code, is
  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 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.
         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 Subsection (a) 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 or guardian 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 or guardians of newborns or infants 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 or
  guardian 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 or guardian'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 or guardian 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 or
  guardian 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 or guardian of a newborn or infant
  to revoke, at any time, the parent's or guardian's consent for
  disclosure of information described by Section 47.008(c) as
  required by that section.
         SECTION 6.  Subchapter E, Chapter 401, Occupations Code, is
  amended by adding Section 401.2023 to read as follows:
         Sec. 401.2023.  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 protocols for referrals and reporting as 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 requirements for
  referrals and reporting regarding 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), 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
  401.2023, Occupations Code, as added by this Act.
         SECTION 8.  This Act takes effect September 1, 2021.
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