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AN ACT
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relating to newborn hearing screenings and hearing services for |
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certain children. |
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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. Chapter 47, Health and Safety Code, is amended by |
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adding Section 47.0035 to read as follows: |
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Sec. 47.0035. REFERRAL TO PROGRAM BY MIDWIFE. (a) In this |
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section, "midwife" has the meaning assigned by Section 203.002, |
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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 a newborn a |
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hearing screening for the newborn for the identification of hearing |
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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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SECTION 3. Section 47.007, Health and Safety Code, is |
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amended by amending Subsections (a) and (c) and adding Subsections |
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(d) through (g) to read as follows: |
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(a) The department shall provide each birthing facility |
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that provides newborn hearing screening under the state's medical |
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assistance program provided under Chapter 32, Human Resources Code, |
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with access to the appropriate information management, reporting, |
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and tracking system [software] for the program. The information |
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management, reporting, and tracking system must be capable of |
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providing the department with information and data necessary to |
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plan, monitor, and evaluate the program, including the program's |
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screening, follow-up, diagnostic, and intervention components. |
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(c) 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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(d) 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 child or refer |
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the child to a person who provides the services needed by the child; |
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and |
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(2) provide, with the consent of the child's parent, |
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the following information to the department or the department's |
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designee: |
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(A) results of follow-up care; |
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(B) results of audiologic testing of infants |
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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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(e) A qualified hearing screening provider, audiologist, |
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intervention specialist, educator, or other person who provides |
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services to infants who are 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 services; |
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(2) results of audiologic testing of infants |
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identified with hearing loss; and |
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(3) reports on the initiation of intervention |
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services. |
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(f) 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, which the department has provided the hospital with access |
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to, to report, with the consent of the infant's parent, the |
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following information to the department or the department's |
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designee: |
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(1) results of all follow-up services for infants who |
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do not pass the birth admission screening if the hospital provides |
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the follow-up services; or |
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(2) the name of the provider or facility where the |
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hospital refers an infant who does not pass the birth admission |
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screening for follow-up services. |
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(g) The department shall ensure that the written consent of |
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a parent is obtained before any information individually |
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identifying the newborn or infant is released through the |
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information management, reporting, and tracking system. |
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SECTION 4. Section 47.002, Health and Safety Code, is |
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repealed. |
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SECTION 5. Notwithstanding Subdivision (2), Section |
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47.001, Health and Safety Code, as amended by this Act, the change |
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in law made by this Act applies only to a birth admission at a |
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birthing facility on or after September 1, 2012. |
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SECTION 6. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 229 passed the Senate on |
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April 7, 2011, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 25, 2011, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 229 passed the House, with |
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amendment, on May 23, 2011, by the following vote: Yeas 142, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |