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, all 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 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, a A 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, a A 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. The person persons completing the
2 7 hearing screening screenings and eye examinations shall report
2 8 the results of the each 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, if If 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 screening is and 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, or 5, 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 18 7. 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 25 8. 9. An area education agency with which information is
3 26 shared pursuant to subsection 7 8 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 3 c. d. The nature of any follow=up or other intervention
4 4 services provided to the newborn or infant.
4 5 9. 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, or 5, 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 14 10. 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 22 Beginning January 1, 2004, a A 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