Senate File 233 SENATE FILE BY BOETTGER and RAGAN Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to mandatory newborn and infant hearing 2 screening. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2601SS 80 5 pf/sh/8 PAG LIN 1 1 DIVISION XV 1 2 UNIVERSAL NEWBORN AND INFANT HEARING SCREENING 1 3 Section 1. NEW SECTION. 135.131 UNIVERSAL NEWBORN AND 1 4 INFANT HEARING SCREENING. 1 5 1. For the purposes of this section, unless the context 1 6 otherwise requires: 1 7 a. "Birth center" means birth center as defined in section 1 8 135.61. 1 9 b. "Birthing hospital" means a private or public hospital 1 10 licensed pursuant to chapter 135B that has a licensed 1 11 obstetric unit or is licensed to provide obstetric services. 1 12 2. Beginning January 1, 2004, all newborns and infants 1 13 born in this state shall be screened for hearing loss in 1 14 accordance with this section. The person required to perform 1 15 the screening shall use at least one of the following 1 16 procedures: 1 17 a. Automated or diagnostic auditory brainstem response. 1 18 b. Otoacoustic emissions. 1 19 c. Any other technology approved by the department. 1 20 3. Beginning January 1, 2004, a birthing hospital shall 1 21 screen every newborn delivered in the hospital for hearing 1 22 loss prior to discharge of the newborn from the birthing 1 23 hospital. A birthing hospital that transfers a newborn for 1 24 acute care prior to completion of the hearing screening shall 1 25 notify the receiving facility of the status of the hearing 1 26 screening. The receiving facility shall be responsible for 1 27 completion of the newborn hearing screening. The birthing 1 28 hospital or other facility completing the hearing screening 1 29 under this subsection shall report the results of the 1 30 screening to the parent or guardian of the newborn and to the 1 31 department in a manner prescribed by rule of the department. 1 32 4. Beginning January 1, 2004, a birth center shall refer 1 33 the newborn to a licensed audiologist, physician, or hospital 1 34 for screening for hearing loss prior to discharge of the 1 35 newborn from the birth center. The hearing screening shall be 2 1 completed within thirty days following discharge of the 2 2 newborn. The person completing the hearing screening shall 2 3 report the results of the screening to the parent or guardian 2 4 of the newborn and to the department in a manner prescribed by 2 5 rule of the department. 2 6 5. Beginning January 1, 2004, if a newborn is delivered in 2 7 a location other than a birthing hospital or a birth center, 2 8 the physician or other health care professional who undertakes 2 9 the pediatric care of the newborn or infant shall ensure that 2 10 the hearing screening is performed within three months of the 2 11 date of the newborn's or infant's birth. The physician or 2 12 other health care professional shall report the results of the 2 13 hearing screening to the parent or guardian of the newborn or 2 14 infant and to the department in a manner prescribed by rule of 2 15 the department. 2 16 6. A birthing hospital, birth center, physician, or other 2 17 health care professional required to report information under 2 18 this section shall report all of the following information to 2 19 the department relating to a newborn's or infant's hearing 2 20 screening, as applicable: 2 21 a. The name, address, and telephone number, if available, 2 22 of the mother of the newborn or infant. 2 23 b. The primary care provider at the birthing hospital or 2 24 birth center for the newborn or infant. 2 25 c. The results of the hearing screening. 2 26 d. Any rescreenings and the diagnostic audiological 2 27 assessment procedures used. 2 28 7. The department shall adopt rules to administer this 2 29 section including rules to provide for the sharing of 2 30 information among agencies and persons involved with newborn 2 31 and infant hearing screenings, follow=up, and intervention 2 32 services, that maintain the confidentiality of the individuals 2 33 involved. 2 34 8. A person who acts in good faith in complying with this 2 35 section shall not be civilly or criminally liable for 3 1 reporting the information required to be reported by this 3 2 section. 3 3 Sec. 2. NEW SECTION. 135B.18A UNIVERSAL NEWBORN AND 3 4 INFANT HEARING SCREENING. 3 5 Beginning January 1, 2004, a birthing hospital as defined 3 6 in section 135.131 shall comply with section 135.131 relating 3 7 to universal newborn and infant hearing screening. 3 8 EXPLANATION 3 9 This bill requires universal newborn and infant hearing 3 10 screening beginning January 1, 2004. The bill defines 3 11 "birthing hospital" to mean a licensed private or public 3 12 hospital that has a licensed obstetric unit or is licensed to 3 13 provide obstetric services. The bill defines "birth center" 3 14 as a facility or institution which is not an ambulatory 3 15 surgical center or a hospital or in a hospital in which births 3 16 are planned to occur following a normal, uncomplicated, low= 3 17 risk pregnancy. 3 18 The bill requires that beginning January 1, 2004, all 3 19 newborns and infants born in the state are to be screened for 3 20 hearing loss using at least one of the prescribed methods: 3 21 automated or diagnostic auditory brainstem response; 3 22 otoacoustic emissions; or any other technology approved by the 3 23 department. 3 24 The bill requires that beginning January 1, 2004, a 3 25 birthing hospital is to screen every newborn delivered in the 3 26 hospital for hearing loss prior to discharge of the newborn 3 27 from the birthing hospital. A birthing hospital that 3 28 transfers a newborn for acute care prior to completion of the 3 29 newborn hearing screening is to notify the receiving facility 3 30 of the status of the newborn hearing screening and the 3 31 receiving facility is then responsible for completion of the 3 32 newborn hearing screening. The bill directs the birthing 3 33 hospital or other facility completing the hearing screening to 3 34 report the results of the screening to the parent or guardian 3 35 of the newborn and to the department in a manner prescribed by 4 1 rule of the department. 4 2 The bill also provides that beginning January 1, 2004, a 4 3 birth center is to refer the newborn to a licensed 4 4 audiologist, physician, or hospital for hearing loss prior to 4 5 discharge of the newborn from the birth center. The newborn 4 6 hearing screening is to be completed within 30 days following 4 7 discharge of the newborn. The person completing the newborn 4 8 hearing screening is to report the results of the screening to 4 9 the parent or guardian of the newborn and to the department in 4 10 a manner prescribed by rule of the department. 4 11 Additionally, the bill provides that beginning January 1, 4 12 2004, if a newborn is delivered in a location other than a 4 13 birthing hospital or a birth center, the physician or other 4 14 health care professional who undertakes the pediatric care of 4 15 the newborn or infant is to ensure that the newborn or infant 4 16 hearing screening is performed within three months of the date 4 17 of the newborn's or infant's birth. The physician or other 4 18 health care professional is to report the results of the 4 19 newborn or infant hearing screening to the parent or guardian 4 20 of the newborn or infant and to the department in a manner 4 21 prescribed by rule of the department. 4 22 The bill provides a listing of the information that a 4 23 reporter of information under the bill is required to report 4 24 and directs the department to adopt rules to administer the 4 25 provisions of the bill, including confidentiality provisions. 4 26 The bill provides that a person who acts in good faith in 4 27 complying with the provisions of the bill is not civilly or 4 28 criminally liable for reporting the information required to be 4 29 reported under the bill. 4 30 LSB 2601SS 80 4 31 pf/sh/8.1