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