House File 557 - Introduced HOUSE FILE BY GAYMAN Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act providing for mandatory universal newborn and infant eye 2 examinations. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2523HH 82 5 jp/es/88 PAG LIN 1 1 Section 1. Section 135.131, Code 2007, is amended to read 1 2 as follows: 1 3 135.131 UNIVERSAL NEWBORN AND INFANT HEARING SCREENING AND 1 4 EYE EXAMINATION. 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, allAll 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 hearing loss screening shall use at least one of the 1 16 following 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, aA birthing hospital shall 1 21 screen every newborn delivered in the hospital for hearing 1 22 loss and perform an eye examination prior to discharge of the 1 23 newborn from the birthing hospital. A birthing hospital that 1 24 transfers a newborn for acute care prior to completion of the 1 25 hearing screening shall notify the receiving facility of the 1 26 status of the hearing screening and eye examination. The 1 27 receiving facility shall be responsible for completion of the 1 28 newborn hearing screening and eye examination. The birthing 1 29 hospital or other facility completing the hearing screening 1 30 and eye examination under this subsection shall report the 1 31 results of the screening and examination to the parent or 1 32 guardian of the newborn and to the department in a manner 1 33 prescribed by rule of the department. 1 34 4.Beginning January 1, 2004, aA birth center shall refer 1 35 the newborn to a licensed audiologist, physician, or hospital 2 1 for screening for hearing loss and to a qualified health care 2 2 professional for an eye examination prior to discharge of the 2 3 newborn from the birth center. The hearing screening and eye 2 4 examination shall be completed within thirty days following 2 5 discharge of the newborn. Thepersonpersons completing the 2 6 hearingscreeningscreenings and eye examinations shall report 2 7 the results oftheeach screening or examination to the parent 2 8 or guardian of the newborn and to the department in a manner 2 9 prescribed by rule of the department. 2 10 5.Beginning January 1, 2004, ifIf a newborn is delivered 2 11 in a location other than a birthing hospital or a birth 2 12 center, the physician or other health care professional who 2 13 undertakes the pediatric care of the newborn or infant shall 2 14 ensure that the hearing screeningisand the eye examination 2 15 are performed within three months of the date of the newborn's 2 16 or infant's birth. The physician or other health care 2 17 professional shall report the results of the hearing screening 2 18 and the eye examination to the parent or guardian of the 2 19 newborn or infant and to the department in a manner prescribed 2 20 by rule of the department. 2 21 6. A birthing hospital, birth center, physician, or other 2 22 health care professional required to report information under 2 23 subsection 3, 4,or5, or 7 shall report all of the following 2 24 information to the department relating to a newborn's or 2 25 infant's hearing screening, as applicable: 2 26 a. The name, address, and telephone number, if available, 2 27 of the mother of the newborn or infant. 2 28 b. The primary care provider at the birthing hospital or 2 29 birth center for the newborn or infant. 2 30 c. The results of the hearing screening or the eye 2 31 examination. 2 32 d. Any rescreenings and the diagnostic audiological 2 33 assessment procedures used or any follow=up eye examinations 2 34 and examination procedures used. 2 35 7. All newborns and infants born in this state shall 3 1 receive an eye examination in accordance with this section. 3 2 The procedure used for an eye examination under this section 3 3 shall include but is not limited to eye dilation. In addition 3 4 to the eye examination required to be performed at or near the 3 5 time of an infant's birth in accordance with subsections 3, 4, 3 6 5, and 6, a pediatrician, physician, or other health care 3 7 professional providing care for the infant shall repeat the 3 8 eye examination when providing care for the infant subsequent 3 9 to the birth, once at or near eight weeks of age and once 3 10 during the period between six and nine months of age. The 3 11 pediatrician, physician, or other health care professional 3 12 performing an eye examination subsequent to the infant's birth 3 13 pursuant to this subsection shall report the results of the 3 14 eye examination to the parent or guardian of the infant and to 3 15 the department in a manner prescribed by rule of the 3 16 department. 3 177.8. The department may share information with agencies 3 18 and persons involved with newborn and infant hearing 3 19 screenings and eye examinations, follow=up, and intervention 3 20 services, including the local birth=to=three coordinator or 3 21 similar agency, the local area education agency, and local 3 22 health care providers. The department shall adopt rules to 3 23 protect the confidentiality of the individuals involved. 3 248.9. An area education agency with which information is 3 25 shared pursuant to subsection78 shall report all of the 3 26 following information to the department relating to a 3 27 newborn's or infant's hearing or vision, follow=up, and 3 28 intervention services, as applicable: 3 29 a. The name, address, and telephone number, if available, 3 30 of the mother of the newborn or infant. 3 31 b. The results of the hearing screening and any 3 32 rescreenings, including the diagnostic audiological assessment 3 33 procedures used. 3 34 c. The results of the eye examination and any 3 35 reexamination made, including the eye examination procedures 4 1 used. 4 2c.d. The nature of any follow=up or other intervention 4 3 services provided to the newborn or infant. 4 49.10. This section shall not apply if the parent objects 4 5 to the screening or eye examination. If a parent objects to 4 6 the screening or eye examination, the birthing hospital, birth 4 7 center, physician, or other health care professional required 4 8 to report information under subsection 3, 4,or5, 6, or 7 to 4 9 the department shall obtain a written refusal from the parent, 4 10 shall document the refusal in the newborn's or infant's 4 11 medical record, and shall report the refusal to the department 4 12 in the manner prescribed by rule of the department. 4 1310.11. A person who acts in good faith in complying with 4 14 this section shall not be civilly or criminally liable for 4 15 reporting the information required to be reported by this 4 16 section. 4 17 Sec. 2. Section 135B.18A, Code 2007, is amended to read as 4 18 follows: 4 19 135B.18A UNIVERSAL NEWBORN AND INFANT HEARING SCREENING 4 20 AND EYE EXAMINATION. 4 21Beginning January 1, 2004, aA birthing hospital as defined 4 22 in section 135.131 shall comply with section 135.131 relating 4 23 to universal newborn and infant hearing screening and eye 4 24 examinations. 4 25 EXPLANATION 4 26 This bill requires mandatory newborn and infant eye 4 27 examinations. 4 28 The bill amends current law in Code section 135.131, which 4 29 mandates universal newborn and infant hearing loss screening, 4 30 by adding the eye examination requirement. The eye 4 31 examination must utilize the eye dilation procedure. 4 32 Under the bill, the eye examination is required shortly 4 33 after birth, depending upon the location at which the birth 4 34 occurred. In addition, health care practitioners who provide 4 35 care to the infant following the birth are required to perform 5 1 eye examinations at or near eight weeks of age and between six 5 2 to nine months of age. As with the current hearing loss 5 3 screening, the results of the eye examination are required to 5 4 be reported to the infant's parent or guardian and to the 5 5 department of public health. 5 6 As with the hearing screening, the eye examination is not 5 7 performed if the parent objects. 5 8 The information sharing provisions applicable for the 5 9 hearing screenings also apply to the eye examination 5 10 requirement. 5 11 The bill also makes a conforming amendment in Code section 5 12 135B.18A, relating to the applicability of the screening 5 13 requirement to birthing hospitals. 5 14 LSB 2523HH 82 5 15 jp:rj/es/88