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