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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. Subdivision (2), Section 47.001, Health and |
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Safety Code, is amended to read as follows: |
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(2) "Birthing facility" means: |
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(A) a hospital licensed under Chapter 241 that |
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offers obstetrical services [and is located in a county with a
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population of more than 50,000]; [or] |
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(B) a birthing center licensed under Chapter 244; |
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(C) a children's hospital; or |
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(D) a facility, maintained or operated by this |
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state or an agency of this state, that provides obstetrical |
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services [that is located in a county with a population of more than
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50,000 and that has 100 or more births per year]. |
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SECTION 2. Section 47.003, Health and Safety Code, is |
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amended by amending Subsections (a), (c), (d), and (e) and adding |
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Subsections (a-1) and (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, either directly or |
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through a transfer agreement, [offer the parents of a newborn] a |
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hearing screening [for the newborn] for the identification of |
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hearing loss on each newborn or infant born at the facility before |
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the newborn or infant is discharged from the facility unless: |
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(1) the parent declines the screening; |
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(2) the newborn or infant is transferred to another |
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facility before the screening is performed; or |
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(3) the screening has previously been completed. |
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(a-1) The birthing facility [screening] shall inform the |
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parents [be offered] during [the birth] admission that: |
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(1) the facility is required by law to screen a newborn |
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or infant for hearing loss; and |
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(2) the parents may decline the screening[, and the
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parents shall be informed that information may be provided to the
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department upon 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 or infant who |
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receives a hearing screening under Subsection (a) [services under a
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program]. |
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(d) The department shall ensure that intervention is |
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available to families for a newborn or infant identified as having |
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hearing loss and that the intervention is managed by state programs |
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operating under the Individuals with Disabilities Education Act (20 |
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U.S.C. Section 1400 et seq.). |
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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 or infant |
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identified as having hearing loss not later than the sixth month |
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after the newborn's or infant's birth and through the time the child |
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is an infant unless the infant has been hospitalized since birth. |
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(f) If a newborn or an infant receives medical intervention |
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services, including a hearing aid or cochlear implant, the |
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intervention specialist shall report the results of the |
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intervention to the department. |
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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. FOLLOW-UP 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 or infant's parents with the screening results. A |
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birthing facility, through the program, shall offer a follow-up |
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hearing screening to the parents of a newborn or infant who does not |
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pass the screening, or refer the parents to another program for the |
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follow-up hearing screening. The follow-up hearing screening |
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should be performed not later than the 30th day after the date the |
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newborn or infant is discharged from the facility. |
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(b) If a newborn or an infant does not pass the screening in |
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a follow-up hearing screening, the program that performed the |
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follow-up hearing screening 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) assist in scheduling a diagnostic audiological |
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evaluation for the newborn or infant, consistent with the most |
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current guidelines in the Joint Committee on Infant Hearing |
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Position Statement, or refer the newborn or infant to a licensed |
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audiologist who provides diagnostic audiological evaluations for |
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newborns or infants that are consistent with the most current |
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guidelines in the Joint Committee on Infant Hearing Position |
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Statement; 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. Subsections (b) and (d), Section 47.004, Health |
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and Safety Code, are 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 who do not pass the [with abnormal] screening; and |
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(6) be supervised by: |
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(A) a physician; |
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(B) an audiologist; |
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(C) a registered nurse; or |
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(D) a physician assistant [results]. |
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(d) The department may renew the certification of a program |
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on a periodic basis as established by board rule in order to ensure |
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quality services to newborns, infants, and families. |
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SECTION 5. Section 47.005, Health and Safety Code, is |
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amended by amending Subsections (a) and (b) and adding Subsections |
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(d) and (e) to read as follows: |
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(a) A birthing facility that operates a program shall |
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distribute to the parents of each newborn or infant who is screened |
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educational materials that are standardized by the department |
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regarding screening results and follow-up care. |
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(b) A birthing facility that operates a program shall report |
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screening results to: |
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(1) the parents; |
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(2) [,] the newborn's or infant's attending physician, |
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primary care physician, or other applicable health care provider; |
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[,] and |
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(3) the department. |
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(d) The department may coordinate the diagnostic |
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audiological evaluation required under Section 47.0031(b)(2). A |
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diagnostic audiological evaluation must be completed on the newborn |
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or infant: |
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(1) not later than the third month after the newborn's |
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or infant's birth unless the newborn or infant has been |
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hospitalized since birth; or |
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(2) upon referral by the newborn's or infant's primary |
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care physician or other applicable health care provider. |
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(e) An audiologist who performs a diagnostic audiological |
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evaluation under this chapter shall report the results of the |
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evaluation to: |
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(1) the parents; |
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(2) the newborn's or infant's primary care physician |
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or other applicable health care provider; and |
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(3) the department under Section 47.007(b). |
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SECTION 6. Section 47.007, Health and Safety Code, is |
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amended by amending Subsection (b) and adding Subsections (d) |
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through (h) 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 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 and may 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 audiological |
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evaluation required under Section 47.0031(b)(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: |
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(A) the Maternal and Child Health Bureau on an |
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annual basis; and |
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(B) the federal Centers for Disease Control and |
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Prevention. |
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(d) A birthing facility described by Subsection (a) shall |
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report the resulting information in the format and within the time |
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frame specified by the department. |
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(e) A qualified hearing screening provider, audiologist, |
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intervention specialist, educator, or other person who receives a |
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referral from a program under this chapter shall: |
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(1) provide the services needed by the newborn or |
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infant or refer the newborn or infant to a person who provides the |
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services needed by the newborn or infant; and |
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(2) provide, with the consent of the newborn's or |
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infant's parent, the following information to the department or the |
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department's designee: |
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(A) results of follow-up care; |
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(B) results of audiologic testing of an infant |
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identified with hearing loss; and |
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(C) reports on the initiation of intervention |
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services. |
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(f) A qualified hearing screening provider, audiologist, |
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intervention specialist, educator, or other person who provides |
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services to an infant who is diagnosed with hearing loss shall |
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provide, with the consent of the infant's parent, the following |
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information to the department or the department's designee: |
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(1) results of follow-up care; |
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(2) results of audiologic testing; and |
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(3) reports on the initiation of intervention |
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services. |
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(g) A hospital that provides services under this chapter |
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shall use the information management, reporting, and tracking |
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system described by this section, access to which has been provided |
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to the hospital by the department, to report, with the consent of |
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the infant's parent, the following information to the department or |
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the department's designee: |
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(1) results of all follow-up services for an infant |
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who does not pass the screening described by Section 47.003(a) if |
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the hospital provides the follow-up services; or |
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(2) the name of the provider or facility to which the |
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hospital refers an infant who does not pass the screening described |
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by Section 47.003(a) for follow-up services. |
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(h) Subject to Section 47.008, a qualified hearing |
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screening provider, hospital, health care provider, physician, |
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audiologist, or intervention specialist may obtain information |
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from the department relating 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 audiological |
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evaluation required under Section 47.0031(b)(2); |
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(3) infants who receive follow-up care; |
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(4) infants identified with hearing loss; and |
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(5) infants who are referred for intervention |
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services. |
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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. RULEMAKING. (a) The executive commissioner |
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of the Health and Human Services Commission may adopt rules for the |
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department to implement this chapter. |
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(b) If the executive commissioner adopts rules, the |
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executive commissioner shall consider the most current guidelines |
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established by the Joint Committee on Infant Hearing. |
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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, and includes a nurse midwife described by Section 301.152, |
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Occupations Code. |
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(b) A midwife who attends the birth of a newborn: |
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(1) is not required to offer the parents of the newborn |
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a hearing screening for the newborn for the identification of |
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hearing loss; and |
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(2) shall refer the parents of the newborn to a |
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birthing facility or a provider that participates in the program |
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and make a record of the referral. |
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SECTION 8. Section 47.002, Health and Safety Code, is |
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repealed. |
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SECTION 9. (a) Not later than January 1, 2012, the |
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executive commissioner of the Health and Human Services Commission |
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shall prescribe a form to document a parent's decision to decline |
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screening under Subdivision (1), Subsection (a), Section 47.003, |
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Health and Safety Code, as added by this Act, in consultation with |
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persons and organizations interested in newborn hearing screening. |
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(b) The Department of State Health Services may post the |
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form prescribed under Subsection (a) of this section on the |
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department's Internet website. |
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(c) A person or facility is not required to comply with the |
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changes in law made by this Act to Chapter 47, Health and Safety |
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Code, until January 1, 2012. |
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SECTION 10. This Act takes effect September 1, 2011. |