House File 255 - 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 2107HH 83 5 jp/rj/8 PAG LIN 1 1 Section 1. Section 135.131, Code 2009, 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 and eye examination shall notify the 1 26 receiving facility of the status of the hearing screening and 1 27 eye examination. The receiving facility shall be responsible 1 28 for completion of the newborn hearing screening and eye 1 29 examination. The birthing hospital or other facility 1 30 completing the hearing screening and eye examination under 1 31 this subsection shall report the results of the screening and 1 32 examination to the parent or guardian of the newborn and to 1 33 the department in a manner prescribed by rule of the 1 34 department. 1 35 4.Beginning January 1, 2004, aA birth center shall refer 2 1 the newborn to a licensed audiologist, physician, or hospital 2 2 for screening for hearing loss and to a qualified health care 2 3 professional for an eye examination prior to discharge of the 2 4 newborn from the birth center. The hearing screening and eye 2 5 examination shall be completed within thirty days following 2 6 discharge of the newborn. Thepersonpersons completing the 2 7 hearingscreeningscreenings and eye examinations shall report 2 8 the results oftheeach screening or examination to the parent 2 9 or guardian of the newborn and to the department in a manner 2 10 prescribed by rule of the department. 2 11 5.Beginning January 1, 2004, ifIf a newborn is delivered 2 12 in a location other than a birthing hospital or a birth 2 13 center, the physician or other health care professional who 2 14 undertakes the pediatric care of the newborn or infant shall 2 15 ensure that the hearing screeningisand the eye examination 2 16 are performed within three months of the date of the newborn's 2 17 or infant's birth. The physician or other health care 2 18 professional shall report the results of the hearing screening 2 19 and the eye examination to the parent or guardian of the 2 20 newborn or infant and to the department in a manner prescribed 2 21 by rule of the department. 2 22 6. A birthing hospital, birth center, physician, or other 2 23 health care professional required to report information under 2 24 subsection 3, 4,or5, or 7 shall report all of the following 2 25 information to the department relating to a newborn's or 2 26 infant's hearing screening, as applicable: 2 27 a. The name, address, and telephone number, if available, 2 28 of the mother of the newborn or infant. 2 29 b. The primary care provider at the birthing hospital or 2 30 birth center for the newborn or infant. 2 31 c. The results of the hearing screening or the eye 2 32 examination. 2 33 d. Any rescreenings and the diagnostic audiological 2 34 assessment procedures used or any follow=up eye examinations 2 35 and examination procedures used. 3 1 7. All newborns and infants born in this state shall 3 2 receive an eye examination in accordance with this section. 3 3 The procedure used for an eye examination under this section 3 4 shall include but is not limited to eye dilation. In addition 3 5 to the eye examination required to be performed at or near the 3 6 time of an infant's birth in accordance with subsections 3, 4, 3 7 5, and 6, a pediatrician, physician, or other health care 3 8 professional providing care for the infant shall repeat the 3 9 eye examination when providing care for the infant subsequent 3 10 to the birth, once at or near eight weeks of age and once 3 11 during the period between six and nine months of age. The 3 12 pediatrician, physician, or other health care professional 3 13 performing an eye examination subsequent to the infant's birth 3 14 pursuant to this subsection shall report the results of the 3 15 eye examination to the parent or guardian of the infant and to 3 16 the department in a manner prescribed by rule of the 3 17 department. 3 187.8. The department may share information with agencies 3 19 and persons involved with newborn and infant hearing 3 20 screenings and eye examinations, follow=up, and intervention 3 21 services, including the local birth=to=three coordinator or 3 22 similar agency, the local area education agency, and local 3 23 health care providers. The department shall adopt rules to 3 24 protect the confidentiality of the individuals involved. 3 258.9. An area education agency with which information is 3 26 shared pursuant to subsection78 shall report all of the 3 27 following information to the department relating to a 3 28 newborn's or infant's hearing or vision, follow=up, and 3 29 intervention services, as applicable: 3 30 a. The name, address, and telephone number, if available, 3 31 of the mother of the newborn or infant. 3 32 b. The results of the hearing screening and any 3 33 rescreenings, including the diagnostic audiological assessment 3 34 procedures used. 3 35 c. The results of the eye examination and any 4 1 reexamination made, including the eye examination procedures 4 2 used. 4 3c.d. The nature of any follow=up or other intervention 4 4 services provided to the newborn or infant. 4 59.10. This section shall not apply if the parent objects 4 6 to the screening or eye examination. If a parent objects to 4 7 the screening or eye examination, the birthing hospital, birth 4 8 center, physician, or other health care professional required 4 9 to report information under subsection 3, 4,or5, 6, or 7 to 4 10 the department shall obtain a written refusal from the parent, 4 11 shall document the refusal in the newborn's or infant's 4 12 medical record, and shall report the refusal to the department 4 13 in the manner prescribed by rule of the department. 4 1410.11. A person who acts in good faith in complying with 4 15 this section shall not be civilly or criminally liable for 4 16 reporting the information required to be reported by this 4 17 section. 4 18 Sec. 2. Section 135B.18A, Code 2009, is amended to read as 4 19 follows: 4 20 135B.18A UNIVERSAL NEWBORN AND INFANT HEARING SCREENING 4 21 AND EYE EXAMINATION. 4 22Beginning January 1, 2004, aA birthing hospital as defined 4 23 in section 135.131 shall comply with section 135.131 relating 4 24 to universal newborn and infant hearing screening and eye 4 25 examinations. 4 26 EXPLANATION 4 27 This bill requires mandatory newborn and infant eye 4 28 examinations. 4 29 The bill amends current law in Code section 135.131, which 4 30 mandates universal newborn and infant hearing loss screening, 4 31 by adding the eye examination requirement. The eye 4 32 examination must utilize the eye dilation procedure. 4 33 Under the bill, the eye examination is required shortly 4 34 after birth, depending upon the location at which the birth 4 35 occurred. In addition, health care practitioners who provide 5 1 care to the infant following the birth are required to perform 5 2 eye examinations at or near eight weeks of age and between six 5 3 to nine months of age. As with the current hearing loss 5 4 screening, the results of the eye examination are required to 5 5 be reported to the infant's parent or guardian and to the 5 6 department of public health. 5 7 As with the hearing screening, the eye examination is not 5 8 performed if the parent objects. 5 9 The information sharing provisions applicable for the 5 10 hearing screenings also apply to the eye examination 5 11 requirement. 5 12 The bill also makes a conforming amendment in Code section 5 13 135B.18A, relating to the applicability of the screening 5 14 requirement to birthing hospitals. 5 15 LSB 2107HH 83 5 16 jp/rj/8.1