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To amend sections 3701.503, 3701.504, 3701.505, | 1 |
3701.506, and 3701.507 and to enact sections | 2 |
3701.508 and 3701.509 of the Revised Code to | 3 |
require universal hearing screening for newborns | 4 |
and infants. | 5 |
Section 1. That sections 3701.503, 3701.504, 3701.505, | 6 |
3701.506, and 3701.507 be amended and sections 3701.508 and | 7 |
3705.509 of the Revised Code be enacted to read as follows: | 8 |
Sec. 3701.503. As used in sections 3701.504 to
| 9 |
3701.509 of the Revised Code: | 10 |
(A) "Parent" means either parent, unless the parents are | 11 |
separated or divorced or their marriage has been dissolved or | 12 |
annulled, in which case "parent" means the parent who is the | 13 |
residential parent and legal custodian. | 14 |
(B) "Guardian" has the same meaning as in section 2111.01 of | 15 |
the Revised Code. | 16 |
(C) "Custodian" means, except as used in division (A) of | 17 |
this section, a government agency or an individual, other than the | 18 |
parent or guardian, with legal or permanent custody of a child as | 19 |
defined in section 2151.011 of the Revised Code. | 20 |
(D) "Address," in the case of an individual, means the | 21 |
individual's residence and, in the case of a government agency, | 22 |
means the office at which the records pertaining to a particular | 23 |
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(E) " | 25 |
newborns and infants
who
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impairment,
through
the use of
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direction of an audiologist or physician. | 30 |
(F) "Hearing
| 31 |
the use
of audiological
procedures by
| 32 |
an
audiologist
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or
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35 |
(G) "Hearing impairment" means a loss of hearing in one or | 36 |
both ears in the frequency region important for speech recognition | 37 |
and comprehension. | 38 |
(H) "Newborn" means a child who is less than thirty days | 39 |
old. | 40 |
(I) "Infant" means a child who is at least thirty days but | 41 |
less than twenty-four months old. | 42 |
(J) "Freestanding birthing center" has the same meaning as | 43 |
in section 3702.51 of the Revised Code. | 44 |
(K) "Physician" means an individual authorized under Chapter | 45 |
4731. of the Revised Code to practice medicine and surgery or | 46 |
osteopathic medicine and surgery. | 47 |
(L) "Audiologist" means an individual authorized under | 48 |
section 4753.07 of the Revised Code to practice audiology. | 49 |
Sec. 3701.504. (A) The department of health shall establish | 50 |
and maintain
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screening, tracking, and early intervention program to identify | 53 |
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The department shall also establish appropriate protocols for the | 55 |
treatment and follow-up care of newborns and infants with hearing | 56 |
impairment. | 57 |
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The program shall include a hearing screening of each infant or | 61 |
newborn born in a hospital
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freestanding birthing center before discharge, unless the infant | 65 |
or newborn is transferred to another hospital. | 66 |
(2) If an infant or newborn is transferred to another | 67 |
hospital before a hearing screening is conducted, the program | 68 |
shall provide for a hearing screening of that infant or newborn | 69 |
when determined to be medically stable. | 70 |
(3) In the case of a newborn not born in or admitted to a | 71 |
hospital from the hospital or center in which the newborn or | 72 |
infant was born, or freestanding birthing center, the program | 73 |
shall provide for a hearing screening before the newborn is thirty | 74 |
days old.
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(B) The department of health shall ensure that the program | 83 |
established under this section is incorporated into early | 84 |
intervention activities of the department in compliance with the | 85 |
"Individuals with Disabilities Education Act," 20 U.S.C.A. 1400 et | 86 |
seq. | 87 |
(C) The department of health shall administer the program | 88 |
established under this section pursuant to rules adopted under | 89 |
section 3701.508 of the Revised Code. | 90 |
Sec. 3701.505. (A)(1) Each hospital and each freestanding | 91 |
birthing center | 92 |
93 | |
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(a) Conduct a hearing
screening
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the newborn or infant is transferred to another hospital; | 97 |
(b) Conduct a hearing screening on each newborn or infant | 98 |
transferred to the hospital from the hospital or center in which | 99 |
the newborn or infant was born, if the newborn or infant was | 100 |
transferred before a hearing screening was conducted; | 101 |
(c) Inform the parent, guardian, or custodian of the newborn | 102 |
or infant about the screening results and provide a written report | 103 |
of the screening results; | 104 |
(d) Promptly notify
| 105 |
care
physician
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(e) Notify the
department of health of the
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guardian, or custodianscreening results for each newborn or | 112 |
infant screened. | 113 |
(2) Not later than one year after the rules adopted by the | 114 |
public health council under section 3701.508 of the Revised Code | 115 |
take effect, each hospital and freestanding birthing center shall | 116 |
begin taking the actions required by division (A)(1) of this | 117 |
section in accordance with the rules. The hospital or | 118 |
freestanding birthing center shall continue to take the actions in | 119 |
accordance with the rules thereafter. | 120 |
(B)(1) If an infant
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screening, the hospital or freestanding birthing center shall | 126 |
provide the newborn's or infant's parent, guardian, or custodian | 127 |
with a list of hospitals, clinics, or other facilities located | 128 |
within a reasonable distance of the parent's, guardian's, or | 129 |
custodian's
address that provide
hearing
| 130 |
for newborns, infants, and toddlers. | 131 |
(2)
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performing the hearing evaluation on a newborn or infant shall | 143 |
report the results of the evaluation to the newborn's or infant's | 144 |
parent, guardian, or custodian, primary care physician, and the | 145 |
department of health. | 146 |
(C) Any hospital | 147 |
birthing center providing a
hearing
| 148 |
accordance with division
| 149 |
reimbursed by the department of health at a rate determined by the | 150 |
director of health, if both of the following are the case: | 151 |
(1) The
| 152 |
or infant
| 153 |
hospital or freestanding birthing center, or in the case of a | 154 |
newborn not born in or admitted to a hospital or freestanding | 155 |
birthing center, before the newborn is thirty days old. | 156 |
(2) The parent, guardian, or custodian is financially unable | 157 |
to pay for the hearing
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reimbursed by a third-party payer as determined pursuant to rules | 160 |
adopted under section 3701.508 of the Revised Code. | 161 |
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Sec. 3701.506. The department of health shall prepare and | 167 |
distribute to all hospitals and freestanding birthing centers | 168 |
required to provide
| 169 |
program established under section 3701.504 of the Revised Code, | 170 |
information describing factors or conditions of hearing loss and | 171 |
the effect of such a loss on an infant or child's language | 172 |
development, and information on the importance of hearing | 173 |
screening, hearing evaluation, early intervention, and follow-up | 174 |
care for newborns and infants. This information shall be updated | 175 |
as the department determines necessary.
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Each hospital or freestanding birthing center shall provide | 178 |
the
| 179 |
infant born in the hospital or freestanding birthing center with | 180 |
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pursuant to this section. | 182 |
Sec. 3701.507. (A) To assist in implementing sections | 183 |
3701.503 to
| 184 |
handicapped children's medical advisory council created in section | 185 |
3701.025 of the Revised Code shall appoint a permanent infant | 186 |
hearing screening subcommittee. The subcommittee shall consist of | 187 |
the following members: | 188 |
(1) One otolaryngologist; | 189 |
(2) One neonatologist; | 190 |
(3) One pediatrician; | 191 |
(4) One neurologist; | 192 |
(5) One hospital administrator; | 193 |
(6)
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(7) One
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section 4753.07 of the Revised Code; | 198 |
(8)
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hearing-impaired child; | 200 |
(9) One geneticist; | 201 |
(10) One epidemiologist; | 202 |
(11) One adult who is deaf or hearing impaired; | 203 |
(12) One representative from an organization for the deaf or | 204 |
hearing impaired; | 205 |
(13) One family advocate; | 206 |
(14) One nurse from a well-baby neonatal nursery; | 207 |
(15) One nurse from a special care neonatal nursery; | 208 |
(16) One teacher of the deaf who works with infants and | 209 |
toddlers; | 210 |
(17) One representative of the health insurance industry; | 211 |
(18) One representative of the bureau for children with | 212 |
medical handicaps; | 213 |
(19) One representative of the department of education; | 214 |
(20) One representative of the Ohio department of job and | 215 |
family services who has responsibilities regarding medicaid; | 216 |
(21) Any other person the advisory council appoints. | 217 |
(B) The infant hearing subcommittee shall: | 218 |
(1) Consult with the director of health regarding the | 219 |
administration of sections 3701.503 to
| 220 |
Revised Code; | 221 |
(2) Advise and make recommendations regarding proposed rules | 222 |
prior to their adoption by the public health council under section | 223 |
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(3) Consult with the director of health and advise and make | 225 |
recommendations regarding program development and implementation | 226 |
under sections 3701.503 to
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including
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(a) Establishment under section 3701.504 of the Revised Code | 231 |
of the statewide hearing screening, tracking, and early | 232 |
intervention program to identify newborn hearing impairment; | 233 |
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(b)Identification of locations where
| 235 |
hearing evaluations may be conducted;
| 236 |
(c)Recommendations for methods and
techniques of
| 237 |
hearing screening and hearing
| 238 |
(d)Referral, data recording and compilation, and procedures | 239 |
to encourage
follow-up hearing
| 240 |
(e)Maintenance of a register of newborns and infants | 241 |
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pass the hearing screening;
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(f) Preparation of the information required by section | 244 |
3701.506 of the Revised Code and any other information the public | 245 |
health council requires the department of health to provide. | 246 |
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Sec. 3701.508. (A) The public health council shall adopt | 253 |
rules in accordance with Chapter 119. of the Revised Code | 254 |
governing the statewide hearing screening, tracking, and early | 255 |
intervention program established under section 3701.504 of the | 256 |
Revised Code, including rules that do all of the following: | 257 |
(1) Specify how hospitals and freestanding birthing centers | 258 |
are to comply with the requirements of section 3701.505 of the | 259 |
Revised Code, including methods and devices to be used for hearing | 260 |
screening. | 261 |
(2) Provide that no infant or newborn shall be required to | 262 |
undergo a hearing screening if the parent, guardian, or custodian | 263 |
of the infant or newborn objects on the grounds that the screening | 264 |
conflicts with the parent's, guardian's, or custodian's religious | 265 |
tenets and practices; | 266 |
(3) Specify how the department of health will determine | 267 |
whether a person is financially unable to pay for a hearing | 268 |
screening and define "third-party payer" for the purpose of | 269 |
reimbursement of hearing screening by the department under section | 270 |
3701.505 of the Revised Code. | 271 |
(4) Specify any additional information that hospitals and | 272 |
freestanding birthing centers are to provide to the medically | 273 |
handicapped children's medical advisory council's infant hearing | 274 |
screening subcommittee under section 3701.509 of the Revised Code. | 275 |
(B) The rules shall be adopted so as to take effect not | 276 |
later than six months after the effective date of this section. | 277 |
Sec. 3701.509. (A) Not later than the first day of each | 278 |
November, each hospital and freestanding birthing center that has | 279 |
conducted a hearing screening required by section 3701.505 of the | 280 |
Revised Code shall provide to the department of health for use by | 281 |
the medically handicapped children's medical advisory council's | 282 |
infant hearing screening subcommittee information specifying all | 283 |
of the following for the preceding year: | 284 |
(1) The number of newborns born in the hospital or | 285 |
freestanding birthing center; | 286 |
(2) The number and percentage of newborns and infants born | 287 |
in the hospital or freestanding birthing center who received a | 288 |
hearing screening; | 289 |
(3) The number of newborns and infants born in the hospital | 290 |
or freestanding birthing center whose parents, guardians, or | 291 |
custodians received the information described in section 3701.506 | 292 |
of the Revised Code; | 293 |
(4) The number and percentage of newborns and infants born | 294 |
in the hospital or freestanding birthing center who did not pass | 295 |
the hearing screening; | 296 |
(5) The number and percentage of newborns and infants born | 297 |
in the hospital or freestanding birthing facility whose parent, | 298 |
guardian, or custodian was provided with a copy of the list | 299 |
described in division (B)(1) of section 3701.505 of the Revised | 300 |
Code; | 301 |
(6) Any other information concerning the program established | 302 |
under section 3701.504 of the Revised Code. | 303 |
(B) The infant hearing screening subcommittee, with the | 304 |
support of the department of health, shall compile and summarize | 305 |
the information submitted to the subcommittee by hospitals and | 306 |
freestanding birthing centers under division (A) of this section | 307 |
and, beginning with the first year after this section becomes | 308 |
effective, annually prepare and transmit a report to the director | 309 |
of health, the speaker of the house of representatives, and the | 310 |
president of the senate. The council shall make the report | 311 |
available to the public. | 312 |
(C) The department and all members of the subcommittee shall | 313 |
maintain the confidentiality of patient-identifying information | 314 |
submitted under division (A) of this section and section 3701.505 | 315 |
of the Revised Code. The information is not a public record under | 316 |
section 149.43 of the Revised Code, except to the extent that the | 317 |
information is used in preparing reports under this section. | 318 |
Section 2. That existing sections 3701.503, 3701.504, | 320 |
3701.505, 3701.506, and 3701.507 of the Revised Code are hereby | 321 |
repealed. | 322 |