CHAPTER 47. HEARING LOSS IN NEWBORNS - Texas Statutes

HEALTH AND SAFETY CODE

TITLE 2. HEALTH

SUBTITLE B. TEXAS DEPARTMENT OF HEALTH PROGRAMS

CHAPTER 47. HEARING LOSS IN NEWBORNS

Sec. 47.001. DEFINITIONS. In this chapter:

(1) "Birth admission" means the time after birth that a newborn

remains in the birthing facility before the newborn is

discharged.

(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.

(3) "Health care provider" means a registered nurse recognized

as an advanced practice nurse by the Texas Board of Nursing or a

physician assistant licensed by the Texas Physician Assistant

Board.

(4) "Hearing loss" means a hearing loss of 30 dB HL or greater

in the frequency region important for speech recognition and

comprehension in one or both ears, approximately 500 through

4,000 Hz. As technological advances permit the detection of less

severe hearing loss, the department may modify this definition by

rule.

(5) "Infant" means a child who is at least 30 days but who is

younger than 24 months old.

(6) "Intervention or follow-up care" means the early

intervention services described in Part C, Individuals with

Disabilities Education Act (20 U.S.C. Sections 1431-1445), as

amended by Pub. L. No. 105-17.

(7) "Newborn" means a child younger than 30 days old.

(8) "Parent" means a natural parent, stepparent, adoptive

parent, legal guardian, or other legal custodian of a child.

(9) "Physician" means a person licensed to practice medicine by

the Texas State Board of Medical Examiners.

(10) "Program" means a newborn hearing screening, tracking, and

intervention program certified by the department under this

chapter.

Added by Acts 1999, 76th Leg., ch. 1347, Sec. 1, eff. Sept. 1,

1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

889, Sec. 60, eff. September 1, 2007.

Sec. 47.002. APPLICABILITY OF CHAPTER. This chapter does not

apply to a facility operated by a midwife as defined by Section

203.002, Occupations Code.

Added by Acts 1999, 76th Leg., ch. 1347, Sec. 1, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.770,

eff. Sept. 1, 2001.

Sec. 47.003. NEWBORN HEARING SCREENING, TRACKING, AND

INTERVENTION PROGRAM. (a) A birthing facility, through a

program certified by the department under Section 47.004, shall

offer the parents of a newborn a hearing screening for the

newborn for the identification of hearing loss. The screening

shall be offered during the birth admission, and the parents

shall be informed that information may be provided to the

department upon their written consent.

(b) The department or the department's designee shall approve

program protocols.

(c) The department may maintain data and information on each

newborn who receives services under a program.

(d) The department shall ensure that intervention is available

to families for a newborn identified as having hearing loss and

that the intervention is managed by state programs operating

under the Individuals with Disabilities Education Act (20 U.S.C.

Section 1400 et seq.).

(e) The department shall ensure that the intervention described

by Subsection (d) is available for a newborn identified as having

hearing loss through the time the child is an infant.

Added by Acts 1999, 76th Leg., ch. 1347, Sec. 1, eff. Sept. 1,

1999.

Sec. 47.004. CERTIFICATION OF SCREENING PROGRAMS. (a) The

department or the department's designee shall establish

certification criteria for implementing a program.

(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.

(c) The department may certify a program that meets and

maintains the certification criteria.

(d) The department may renew the certification of a program on a

periodic basis as established by board rule in order to ensure

quality services to newborns and families.

(e) A fee may not be charged to certify or recertify a program.

Added by Acts 1999, 76th Leg., ch. 1347, Sec. 1, eff. Sept. 1,

1999.

Sec. 47.005. INFORMATION CONCERNING SCREENING RESULTS AND

FOLLOW-UP CARE. (a) A birthing facility that operates a program

shall distribute to the parents of each newborn who is screened

educational materials that are standardized by the department

regarding screening results and follow-up care.

(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) Appropriate and necessary 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.

Added by Acts 1999, 76th Leg., ch. 1347, Sec. 1, eff. Sept. 1,

1999.

Sec. 47.006. TECHNICAL ASSISTANCE BY DEPARTMENT. The department

may consult with a birthing facility and provide to the facility

technical assistance associated with the implementation of a

certified program.

Added by Acts 1999, 76th Leg., ch. 1347, Sec. 1, eff. Sept. 1,

1999.

Sec. 47.007. INFORMATION MANAGEMENT, REPORTING, AND TRACKING

SYSTEM. (a) The department shall provide each birthing facility

that provides newborn hearing screening under the state's medical

assistance program provided under Chapter 32, Human Resources

Code, with the appropriate information management, reporting, and

tracking software for the program. The information management,

reporting, and tracking system must be capable of providing the

department with information and data necessary to plan, monitor,

and evaluate the program, including the program's screening,

follow-up, diagnostic, and intervention components.

(b) A qualified hearing screening provider, hospital,

audiologist, or intervention specialist may access the

information management, reporting, and tracking system to provide

information, where available, to the department, including

information relating to:

(1) infants who receive follow-up care;

(2) infants identified with hearing loss;

(3) infants who are referred for intervention services; and

(4) case level information necessary to report required

statistics to the Maternal and Child Health Bureau on an annual

basis.

(c) The department shall ensure that the written consent of a

parent is obtained before any information individually

identifying the newborn or infant is released through the

information management, reporting, and tracking system.

Added by Acts 1999, 76th Leg., ch. 1347, Sec. 1, eff. Sept. 1,

1999.

Sec. 47.008. CONFIDENTIALITY AND GENERAL ACCESS TO DATA. (a)

The information management, reporting, and tracking system

provided in accordance with this chapter must meet

confidentiality requirements in accordance with required state

and federal privacy guidelines.

(b) Data obtained through the information management, reporting,

and tracking system under this chapter are for the confidential

use of the department, the department's designee, and the persons

or public or private entities that the department determines are

necessary to carry out the functions of the tracking system.

(c) The department by rule shall develop guidelines to protect

the confidentiality of patients in accordance with Chapter 159,

Occupations Code, and require the written consent of a parent or

guardian of a patient before any individually identifying

information is provided to the department as set out in this

chapter. The department shall permit a parent or guardian at any

time to withdraw information provided to the department 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.

Added by Acts 1999, 76th Leg., ch. 1347, Sec. 1, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.771,

eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 880, Sec. 1, eff.

June 20, 2003.

Sec. 47.009. IMMUNITY FROM LIABILITY. A birthing facility, a

clinical laboratory, an audiologist, a health care provider, a

physician, a registered nurse, or any other officer or employee

of a birthing facility, a laboratory, a physician, or an

audiologist is not criminally or civilly liable for furnishing

information in good faith to the department or its designee as

required by this chapter. This section does not apply to

information gathered and furnished after a parent of a newborn or

infant declined screening offered through a program.

Added by Acts 1999, 76th Leg., ch. 1347, Sec. 1, eff. Sept. 1,

1999.