Bill Text: TX SB270 | 2011-2012 | 82nd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to newborn hearing screenings.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2011-05-22 - Committee report sent to Calendars [SB270 Detail]

Download: Texas-2011-SB270-Introduced.html

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82R1826 NAJ-D
By: Uresti S.B. No. 270

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. Section 47.002, Health and Safety Code, is
amended to read as follows:
Sec. 47.002. APPLICABILITY OF CHAPTER. Except as provided
by Section 47.011, this [This] chapter does not apply to a facility
operated by a midwife as defined by Section 203.002, Occupations
Code.
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 screening for reasons of conscience, including a religious
belief. 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 for reasons
of conscience, including a religious belief[, 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 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. SECOND 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 a second hearing
screening to the parents of a newborn with abnormal screening
results. The second hearing screening must be performed not later
than the 30th day after the newborn's birth.
(b) The program that performed the first hearing screening
on the newborn shall perform the second hearing screening as an
outpatient service.
(c) If a newborn or an infant has abnormal screening results
in a second hearing screening, the program that performed the first
and second hearing screenings on the newborn or infant shall:
(1) provide the newborn's or infant's parents with the
screening results;
(2) schedule a diagnostic examination for the newborn
or infant; and
(3) refer the newborn or infant to early childhood
intervention services.
SECTION 4. Section 47.004(b), 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 educational 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 or an audiologist.
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 or health care provider, and] the department.
(c) The division responsible for early childhood
intervention services at the Department of Assistive and
Rehabilitative Services shall coordinate the diagnostic
examination required under Section 47.0031(c)(2) and 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 work-up 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 examination
under this chapter shall report the results of the examination to
the department under Section 47.007(b).
SECTION 6. Section 47.007(b), 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 may access the information
management, reporting, and tracking system to provide
information[, where available,] to the department and 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 examination
required under Section 47.0031(c)(2);
(3) [(1)] 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 47.011 to read as follows:
Sec. 47.010. STANDARD OF CARE. A hearing screening,
diagnostic examination, or intervention under this chapter must be
performed in accordance with the standards of care established by
the Joint Committee on Infant Hearing as those standards existed on
January 1, 2011, or later standards of the committee adopted by rule
for this purpose by the executive commissioner of the Health and
Human Services Commission.
Sec. 47.011. DUTIES OF MIDWIFE. (a) In this section,
"midwife" has the meaning assigned by Section 203.002, Occupations
Code.
(b) A midwife who attends the birth of a newborn shall
inform the mother of a hearing screening available in accordance
with this chapter.
SECTION 8. This Act takes effect September 1, 2011.