88R234 EAS-D
	By: Johnson	S.B. No. 619

	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.  Sections 47.008(c) and (d), Health and Safety
	Code, are 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 the 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.
	(d)  Statistical or aggregated information that is about
	activities conducted under this chapter and that could not be used
	to individually identify a newborn, infant, or patient or a parent
	[or guardian] of a newborn, infant, or patient is not confidential.
	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 Subsections (a) and (b) 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 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 of newborns or infants screened 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 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 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 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 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 of a newborn or infant to revoke, at
	any time, the parent's consent for disclosure of information
	described by Section 47.008(c) as required by that section.
	(b)  A request for consent required by this chapter may be
	submitted to the parent [or guardian] of a newborn or infant through
	written or electronic means, including through audio or visual
	recording.
	SECTION 6.  Subchapter E, Chapter 401, Occupations Code, is
	amended by adding Section 401.2022 to read as follows:
	Sec. 401.2022.  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 referral and reporting protocols 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 referral and reporting
	requirements for 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), Health and
	Safety Code, 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
	401.2022, Occupations Code, as added by this Act.
	SECTION 8.  This Act takes effect September 1, 2023.