2005 Texas Health & Safety Code CHAPTER 47. HEARING LOSS IN NEWBORNS

HEALTH & SAFETY CODE

CHAPTER 47. HEARING LOSS IN NEWBORNS


	§ 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 Board of Nurse 
Examiners or a physician assistant licensed by the Texas State 
Board of Physician Assistant Examiners.
		(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, § 1, eff. Sept. 1, 1999.          


	§ 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, § 1, eff. Sept. 1, 1999.  
Amended by Acts 2001, 77th Leg., ch. 1420, § 14.770, eff. Sept. 
1, 2001.


	§ 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, § 1, eff. Sept. 1, 1999.          


	§ 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, § 1, eff. Sept. 1, 1999.          


	§ 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, § 1, eff. Sept. 1, 1999.          


	§ 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, § 1, eff. Sept. 1, 1999.          


	§ 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, § 1, eff. Sept. 1, 1999.          


	§ 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, § 1, eff. Sept. 1, 1999.  
Amended by Acts 2001, 77th Leg., ch. 1420, § 14.771, eff. Sept. 
1, 2001;  Acts 2003, 78th Leg., ch. 880, § 1, eff. June 20, 2003.


	§ 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, § 1, eff. Sept. 1, 1999.