Complete Bill History



House File 454       

                            AN ACT
RELATING TO MANDATORY UNIVERSAL NEWBORN AND INFANT HEARING
   SCREENING.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

                          DIVISION XV
        UNIVERSAL NEWBORN AND INFANT HEARING SCREENING
   Section 1.  NEW SECTION.  135.131  UNIVERSAL NEWBORN AND
INFANT HEARING SCREENING.
   1.  For the purposes of this section, unless the context
otherwise requires:
   a.  "Birth center" means birth center as defined in section
135.61.
   b.  "Birthing hospital" means a private or public hospital
licensed pursuant to chapter 135B that has a licensed
obstetric unit or is licensed to provide obstetric services.
   2.  Beginning January 1, 2004, all newborns and infants
born in this state shall be screened for hearing loss in
accordance with this section.  The person required to perform
the screening shall use at least one of the following
procedures:
   a.  Automated or diagnostic auditory brainstem response.
   b.  Otoacoustic emissions.
   c.  Any other technology approved by the department.
   3.  Beginning January 1, 2004, a birthing hospital shall
screen every newborn delivered in the hospital for hearing
loss prior to discharge of the newborn from the birthing
hospital.  A birthing hospital that transfers a newborn for
acute care prior to completion of the hearing screening shall
notify the receiving facility of the status of the hearing
screening.  The receiving facility shall be responsible for
completion of the newborn hearing screening.  The birthing
hospital or other facility completing the hearing screening
under this subsection shall report the results of the
screening to the parent or guardian of the newborn and to the
department in a manner prescribed by rule of the department.
   4.  Beginning January 1, 2004, a birth center shall refer
the newborn to a licensed audiologist, physician, or hospital
for screening for hearing loss prior to discharge of the
newborn from the birth center.  The hearing screening shall be
completed within thirty days following discharge of the
newborn.  The person completing the hearing screening shall
report the results of the screening to the parent or guardian
of the newborn and to the department in a manner prescribed by
rule of the department.
   5.  Beginning January 1, 2004, if a newborn is delivered in
a location other than a birthing hospital or a birth center,
the physician or other health care professional who undertakes
the pediatric care of the newborn or infant shall ensure that
the hearing screening is performed within three months of the
date of the newborn's or infant's birth.  The physician or
other health care professional shall report the results of the
hearing screening to the parent or guardian of the newborn or
infant and to the department in a manner prescribed by rule of
the department.
   6.  A birthing hospital, birth center, physician, or other
health care professional required to report information under
subsection 3, 4, or 5, shall report all of the following
information to the department relating to a newborn's or
infant's hearing screening, as applicable:
   a.  The name, address, and telephone number, if available,
of the mother of the newborn or infant.
   b.  The primary care provider at the birthing hospital or
birth center for the newborn or infant.
   c.  The results of the hearing screening.
   d.  Any rescreenings and the diagnostic audiological
assessment procedures used.
   7.  The department may share information with agencies and
persons involved with newborn and infant hearing screenings,
follow=up, and intervention services, including the local
birth=to=three coordinator or similar agency, the local area
education agency, and local health care providers.  The
department shall adopt rules to protect the confidentiality of
the individuals involved.
   8.  An area education agency with which information is
shared pursuant to subsection 7 shall report all of the
following information to the department relating to a
newborn's or infant's hearing, follow=up, and intervention
services, as applicable:
   a.  The name, address, and telephone number, if available,
of the mother of the newborn or infant.
   b.  The results of the hearing screening and any
rescreenings, including the diagnostic audiological assessment
procedures used.
   c.  The nature of any follow=up or other intervention
services provided to the newborn or infant.
   9.  This section shall not apply if the parent objects to
the screening.  If a parent objects to the screening, the
birthing hospital, birth center, physician, or other health
care professional required to report information under
subsection 3, 4, or 5 to the department shall obtain a written
refusal from the parent, shall document the refusal in the
newborn's or infant's medical record, and shall report the
refusal to the department in the manner prescribed by rule of
the department.
   10.  A person who acts in good faith in complying with this
section shall not be civilly or criminally liable for
reporting the information required to be reported by this
section.
   Sec. 2.  NEW SECTION.  135B.18A  UNIVERSAL NEWBORN AND
INFANT HEARING SCREENING.
   Beginning January 1, 2004, a birthing hospital as defined
in section 135.131 shall comply with section 135.131 relating
to universal newborn and infant hearing screening.


                                                            
                              CHRISTOPHER C. RANTS
                              Speaker of the House


                                                            
                              MARY E. KRAMER
                              President of the Senate

   I hereby certify that this bill originated in the House and
is known as House File 454, Eightieth General Assembly.


                                                            
                              MARGARET THOMSON
                              Chief Clerk of the House
Approved                , 2003


                           
THOMAS J. VILSACK
Governor