HEALTH & SAFETY CODE
CHAPTER 47. HEARING LOSS IN NEWBORNS
§ 47.001. DEFINITIONS. In this chapter:
(1) "Birth admission" means the time after birth that
a newborn remains in the birthing facility before the newborn is
discharged.
(2) "Birthing facility" means:
(A) a hospital licensed under Chapter 241 that
offers obstetrical services and is located in a county with a
population of more than 50,000; or
(B) a birthing center licensed under Chapter 244
that is located in a county with a population of more than 50,000
and that has 100 or more births per year.
(3) "Health care provider" means a registered nurse
recognized as an advanced practice nurse by the Board of Nurse
Examiners or a physician assistant licensed by the Texas State
Board of Physician Assistant Examiners.
(4) "Hearing loss" means a hearing loss of 30 dB HL or
greater in the frequency region important for speech recognition
and comprehension in one or both ears, approximately 500 through
4,000 Hz. As technological advances permit the detection of less
severe hearing loss, the department may modify this definition by
rule.
(5) "Infant" means a child who is at least 30 days but
who is younger than 24 months old.
(6) "Intervention or follow-up care" means the early
intervention services described in Part C, Individuals with
Disabilities Education Act (20 U.S.C. Sections 1431-1445), as
amended by Pub. L. No. 105-17.
(7) "Newborn" means a child younger than 30 days old.
(8) "Parent" means a natural parent, stepparent,
adoptive parent, legal guardian, or other legal custodian of a
child.
(9) "Physician" means a person licensed to practice
medicine by the Texas State Board of Medical Examiners.
(10) "Program" means a newborn hearing screening,
tracking, and intervention program certified by the department
under this chapter.
Added by Acts 1999, 76th Leg., ch. 1347, § 1, eff. Sept. 1, 1999.
§ 47.002. APPLICABILITY OF CHAPTER. This chapter does
not apply to a facility operated by a midwife as defined by Section
203.002, Occupations Code.
Added by Acts 1999, 76th Leg., ch. 1347, § 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, § 14.770, eff. Sept.
1, 2001.
§ 47.003. NEWBORN HEARING SCREENING, TRACKING, AND
INTERVENTION PROGRAM. (a) A birthing facility, through a program
certified by the department under Section 47.004, shall offer the
parents of a newborn a hearing screening for the newborn for the
identification of hearing loss. The screening shall be offered
during the birth admission, and the parents shall be informed that
information may be provided to the department upon their written
consent.
(b) The department or the department's designee shall
approve program protocols.
(c) The department may maintain data and information on each
newborn who receives services under a program.
(d) The department shall ensure that intervention is
available to families for a newborn identified as having hearing
loss and that the intervention is managed by state programs
operating under the Individuals with Disabilities Education Act (20
U.S.C. Section 1400 et seq.).
(e) The department shall ensure that the intervention
described by Subsection (d) is available for a newborn identified
as having hearing loss through the time the child is an infant.
Added by Acts 1999, 76th Leg., ch. 1347, § 1, eff. Sept. 1, 1999.
§ 47.004. CERTIFICATION OF SCREENING
PROGRAMS. (a) The department or the department's designee shall
establish certification criteria for implementing a program.
(b) In order to be certified, the program must:
(1) provide hearing screening using equipment
recommended by the department;
(2) use appropriate staff to provide the screening;
(3) maintain and report data electronically as
required by the department;
(4) distribute family, health care provider, and
physician educational materials standardized by the department;
and
(5) provide information, as recommended by the
department, to the parents on follow-up services for newborns and
infants with abnormal screening results.
(c) The department may certify a program that meets and
maintains the certification criteria.
(d) The department may renew the certification of a program
on a periodic basis as established by board rule in order to ensure
quality services to newborns and families.
(e) A fee may not be charged to certify or recertify a
program.
Added by Acts 1999, 76th Leg., ch. 1347, § 1, eff. Sept. 1, 1999.
§ 47.005. INFORMATION CONCERNING SCREENING RESULTS AND
FOLLOW-UP CARE. (a) A birthing facility that operates a program
shall distribute to the parents of each newborn who is screened
educational materials that are standardized by the department
regarding screening results and follow-up care.
(b) A birthing facility that operates a program shall report
screening results to the parents, the newborn's attending physician
or health care provider, and the department.
(c) Appropriate and necessary care for the infant who needs
follow-up care should be directed and coordinated by the infant's
physician or health care provider, with support from appropriate
ancillary services.
Added by Acts 1999, 76th Leg., ch. 1347, § 1, eff. Sept. 1, 1999.
§ 47.006. TECHNICAL ASSISTANCE BY DEPARTMENT. The
department may consult with a birthing facility and provide to the
facility technical assistance associated with the implementation
of a certified program.
Added by Acts 1999, 76th Leg., ch. 1347, § 1, eff. Sept. 1, 1999.
§ 47.007. INFORMATION MANAGEMENT, REPORTING, AND
TRACKING SYSTEM. (a) The department shall provide each birthing
facility that provides newborn hearing screening under the state's
medical assistance program provided under Chapter 32, Human
Resources Code, with the appropriate information management,
reporting, and tracking software for the program. The information
management, reporting, and tracking system must be capable of
providing the department with information and data necessary to
plan, monitor, and evaluate the program, including the program's
screening, follow-up, diagnostic, and intervention components.
(b) A qualified hearing screening provider, hospital,
audiologist, or intervention specialist may access the information
management, reporting, and tracking system to provide information,
where available, to the department, including information relating
to:
(1) infants who receive follow-up care;
(2) infants identified with hearing loss;
(3) infants who are referred for intervention
services; and
(4) case level information necessary to report
required statistics to the Maternal and Child Health Bureau on an
annual basis.
(c) The department shall ensure that the written consent of
a parent is obtained before any information individually
identifying the newborn or infant is released through the
information management, reporting, and tracking system.
Added by Acts 1999, 76th Leg., ch. 1347, § 1, eff. Sept. 1, 1999.
§ 47.008. CONFIDENTIALITY AND GENERAL ACCESS TO
DATA. (a) The information management, reporting, and tracking
system provided in accordance with this chapter must meet
confidentiality requirements in accordance with required state and
federal privacy guidelines.
(b) Data obtained through the information management,
reporting, and tracking system under this chapter are for the
confidential use of the department, the department's designee, and
the persons or public or private entities that the department
determines are necessary to carry out the functions of the tracking
system.
(c) The department by rule shall develop guidelines to
protect the confidentiality of patients in accordance with Chapter
159, Occupations Code, and require the written consent of a parent
or guardian of a patient before any individually identifying
information is provided to the department as set out in this
chapter. The department shall permit a parent or guardian at any
time to withdraw information provided to the department under this
chapter.
(d) Statistical or aggregated information that is about
activities conducted under this chapter and that could not be used
to individually identify a newborn, infant, or patient or a parent
or guardian of a newborn, infant, or patient is not confidential.
Added by Acts 1999, 76th Leg., ch. 1347, § 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, § 14.771, eff. Sept.
1, 2001; Acts 2003, 78th Leg., ch. 880, § 1, eff. June 20, 2003.
§ 47.009. IMMUNITY FROM LIABILITY. A birthing
facility, a clinical laboratory, an audiologist, a health care
provider, a physician, a registered nurse, or any other officer or
employee of a birthing facility, a laboratory, a physician, or an
audiologist is not criminally or civilly liable for furnishing
information in good faith to the department or its designee as
required by this chapter. This section does not apply to
information gathered and furnished after a parent of a newborn or
infant declined screening offered through a program.
Added by Acts 1999, 76th Leg., ch. 1347, § 1, eff. Sept. 1, 1999.
