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Sub. H. B. No. 150As Passed by the House
As Passed by the House
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Schuring, Hollister, Kearns, Womer Benjamin, Willamowski, Goodman, Boccieri, D. Miller, Redfern, Carmichael, Cirelli, S. Smith, Metelsky, Ford, DePiero, Barrett, Allen, Woodard, Ogg, Barnes, Britton, Young, Patton, Sullivan, R. Miller, Jolivette, Fessler, Evans, Hagan, Strahorn, Peterson, Kilbane, Metzger, Seitz, Flannery, Coates, Schmidt, White, Setzer, Sykes, Latell, Rhine, Widowfield, G. Smith, Lendrum, Olman, Krupinski, Clancy, Key, Niehaus, Hoops, Salerno, Wilson, Faber, Driehaus, Oakar, Beatty, Jones
A BILL
To amend sections 3701.503, 3701.504, 3701.505,
3701.506, and 3701.507 and to
enact sections
3701.508 and 3701.509 of the
Revised Code to
require universal hearing
screening for newborns
and infants.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3701.503, 3701.504, 3701.505,
3701.506, and 3701.507
be amended and sections 3701.508 and
3705.509 of the
Revised Code be enacted
to read as follows:
Sec. 3701.503. As used in sections 3701.504 to
3701.507
3701.509 of
the Revised Code: (A) "Parent" means either parent, unless the parents are
separated or divorced or their marriage has been dissolved or
annulled, in which case "parent" means the parent who is the
residential parent and legal custodian. (B) "Guardian" has the same meaning as in section 2111.01
of
the Revised Code. (C) "Custodian" means, except as used in division (A) of
this section, a government agency or an individual, other than
the
parent or guardian, with legal or permanent custody of a
child as
defined in section 2151.011
of the Revised Code. (D) "Address," in the case of an individual, means the
individual's residence and, in the case of a government agency,
means the office at which the records pertaining to a particular
child
newborn or infant are maintained. (E) "Risk
Hearing screening" means the identification of
newborns and infants
who
are at risk of
may have a hearing
impairment,
through
the use of
a
high-risk questionnaire developed
by the
department
of health
under division (A) of section 3701.504
of the
Revised
Code
a physiologic test performed under the
direction of an audiologist or
physician. (F) "Hearing
assessment
evaluation" means
evaluation through
the use
of audiological
procedures by
or under the supervision of
an
audiologist
licensed
under section 4753.07 of the Revised
Code,
or
by a neurologist or
otolaryngologist, to identify infants
who
are
at risk of
hearing impairment
physician. (G) "Hearing impairment" means a loss of hearing
in one or
both ears in the frequency region important for speech recognition
and comprehension. (H) "Newborn" means a child who is less than thirty days
old. (I) "Infant" means a child who is at least thirty days but
less than twenty-four months old. (J) "Freestanding birthing center" has the same meaning as
in section 3702.51 of the Revised Code. (K) "Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.
(L) "Audiologist" means an individual authorized under
section 4753.07 of the Revised Code to practice audiology.
Sec. 3701.504. (A) The department of health shall
establish
and maintain
newborn infant hearing-impairment risk
criteria and
shall develop a high-risk questionnaire
a statewide
hearing
screening, tracking, and early intervention program to identify
infants
who are at risk of
newborn and infant hearing
impairment.
The department shall also establish appropriate protocols for the
treatment and follow-up care of newborns and infants with hearing
impairment. (B) The public health council shall adopt rules under
Chapter 119. of the Revised Code
establishing a
program
to be
administered by the department of health
that
requires risk
(1)
The program shall include
a
hearing
screening of each infant
or
newborn born in a hospital
nursery
to
determine if
the infant
meets the hearing-impairment
risk criteria
established
by the
department of health under
division (A) of this section
or
freestanding birthing center
before discharge, unless the infant
or newborn is transferred to another hospital.
(2) If an infant or newborn is transferred to another
hospital before a hearing screening is conducted, the program
shall provide for a hearing screening of that infant or newborn
when determined to be medically stable.
(3) In the case of a newborn not born in or
admitted to a
hospital from the hospital or center in which the newborn or
infant was born, or freestanding birthing center, the program
shall provide for a hearing screening before the
newborn is thirty
days old.
The rules
adopted under this
division
shall include a
provision
that no infant shall be
required to undergo
risk
screening if the
infant's
parent, guardian, or custodian,
if an
individual,
objects on the
grounds that the screening conflicts
with
his religious tenets and
practices. (C) The public health council shall adopt, and may amend
or
rescind, rules to carry out the purposes of sections 3701.503
to
3701.507 of the Revised Code.
(B) The department of health shall ensure that the program
established under this section is incorporated into early
intervention activities of the department in compliance with the
"Individuals with Disabilities Education Act," 20 U.S.C.A. 1400 et
seq. (C) The department of health shall administer the program
established under this section pursuant to rules adopted under
section 3701.508 of the Revised Code.
Sec. 3701.505. (A)(1) Each hospital
and each freestanding
birthing center, in accordance with
rules
adopted by the public
health council under section
3701.504
of the
Revised
Code, shall
provide risk
do all of the following: (a) Conduct a hearing
screening
of
on
each newborn
infants
and shall promptly
or infant born in the hospital or center unless
the newborn or infant is transferred to another hospital; (b) Conduct a hearing screening on each newborn or infant
transferred to the hospital from the hospital or center in which
the newborn or infant was born, if the newborn or infant was
transferred before a hearing screening was conducted; (c) Inform the parent, guardian, or custodian of the newborn
or infant about the screening results and provide a written report
of the screening results; (d) Promptly notify
an
the newborn's or infant's primary
care
physician
and
of the screening results; (e) Notify the
department of health of the
name of any
infant
who is
identified by a risk screening as at risk for
hearing
impairment under the criteria established by the
department of
health under division (A) of section 3701.504 of the
Revised
Code, and of the name and address of the
infant's
parent,
guardian, or custodian
screening results for each newborn or
infant screened. (2) Not later than one year after the rules adopted by the
public health council under section 3701.508 of the Revised Code
take effect, each hospital and freestanding birthing center shall
begin taking the actions required by division (A)(1) of this
section in accordance with the rules. The hospital or
freestanding birthing center shall continue to take the actions in
accordance with the rules thereafter. (B)(1) If an infant
is identified as at risk for
hearing
impairment
and the
hospital at
which the identification was made
also provides hearing
assessment, the hospital shall provide a
hearing assessment for
the infant; if the hospital
does not
provide hearing assessment
or newborn does not pass the hearing
screening,
the hospital
or freestanding birthing center shall
provide the
newborn's or infant's parent,
guardian, or custodian
with a list
of
hospitals,
clinics, or other
facilities located
within a
reasonable distance
of the parent's,
guardian's, or
custodian's
address that provide
hearing
assessment
evaluations
for newborns, infants, and toddlers. (2)
Each hospital that provides a
hearing assessment
shall
prepare and provide to the infant's parent,
guardian, or
custodian a list of hospitals,
clinics, or other facilities
located within a reasonable distance
of the parent's, guardian's,
or custodian's address that provide
follow-up hearing
evaluations. (3) Whenever a hearing assessment identifies an infant
as
being hearing impaired, the hospital, clinic, or other facility
providing the assessment shall promptly notify the infant's
primary care physician and the department of health of the
infant's name and the name and address of the
infant's parent,
guardian, or custodian
A hospital,
clinic,
or other facility
performing the
hearing evaluation on a
newborn or infant shall
report the results
of the
evaluation to the newborn's or infant's
parent, guardian,
or
custodian, primary care physician, and the
department of
health.
(C) Any hospital, clinic, or
other facility
freestanding
birthing center providing a
hearing
assessment
screening in
accordance with division
(B)(A) of this
section
shall be
reimbursed by the department of health at a rate
determined by the
director of health, if both of the following
are
the case: (1) The
assessment
screening is performed before the
newborn
or infant
attains
nine months of age;
is discharged from the
hospital or freestanding birthing center, or in the case of a
newborn not born in or admitted to a hospital or freestanding
birthing center, before the newborn is thirty days old. (2) The parent, guardian, or custodian is financially
unable
to pay for the hearing
assessment
screening and the hospital,
clinic, or
other facility
freestanding birthing center is not
reimbursed by a third-party
payer
as determined pursuant to rules
adopted under section 3701.508 of the Revised Code. The public health council shall adopt rules pursuant to
Chapter 119. of the Revised Code for determining whether a person
is financially unable to pay for a hearing
assessment
and
defining
third-party payer for the purpose of this section.
Sec. 3701.506. The department of health shall prepare and
distribute to all
hospitals
and freestanding birthing centers
required to provide
infant risk
hearing screenings
under
the
program established under section
3701.504 of
the Revised Code,
information describing factors or
conditions of hearing loss
and
the effect of such a loss on an
infant or child's language
development, and information on the
importance of hearing
screening, hearing evaluation, early intervention,
and follow-up
care for newborns and infants.
This information shall be updated
as the department determines necessary.
Upon the discharge of an
at-risk newborn infant, each such Each hospital
or freestanding birthing center shall
provide
the
infant's parent, guardian, or
custodian
of each newborn
or
infant born in the hospital or freestanding birthing center with
this hearing
loss
the
information
prepared by the department
pursuant to this
section.
Sec. 3701.507. (A) To assist in implementing sections
3701.503 to
3701.507
3701.509 of the Revised Code, the medically
handicapped children's medical advisory council
created in
section
3701.025 of the Revised Code shall appoint a permanent
infant
hearing screening subcommittee. The subcommittee shall
consist of
the following members: (1) One otolaryngologist; (5) One hospital administrator; (6)
One
Two or more audiologists
licensed under section
4753.07
of the Revised Code who are experienced in infant hearing
assessment
screening and evaluation; (7) One
speech
speech-language pathologist licensed under
section 4753.07
of
the Revised Code; (8)
One
Two persons who are each a parent of a
hearing-impaired
child; (11) One adult who is deaf or hearing impaired; (12) One representative from an organization for the deaf or
hearing impaired; (13) One family advocate; (14) One nurse from a well-baby neonatal nursery; (15) One nurse from a special care neonatal nursery; (16) One teacher of the deaf who works with infants and
toddlers; (17) One representative of the health insurance industry; (18) One representative of the bureau for children with
medical
handicaps; (19) One representative of the department of education; (20) One representative of the Ohio department of job and
family services who has responsibilities regarding
medicaid; (21) Any other person the advisory council appoints. (B) The infant hearing subcommittee shall: (1) Consult with the director of health regarding the
administration of sections 3701.503 to
3701.507
3701.509 of
the
Revised
Code; (2) Advise and make recommendations regarding proposed
rules
prior to their adoption by the public health council under
section
3701.504
3701.508 of the Revised Code; (3) Consult with the director of health
and advise and make
recommendations regarding program
development and implementation
under sections 3701.503 to
3701.507
3701.509 of the Revised Code,
including
establishment
of newborn
infant hearing-impairment risk
criteria and development of the
high-risk questionnaire under
division (A) of
all of the following: (a) Establishment under section 3701.504 of
the Revised Code
of the statewide hearing screening, tracking, and
early
intervention
program to identify newborn hearing impairment;
identification (b)
Identification of locations where
assessment of
infants
hearing evaluations may be conducted;
recommendations (c)
Recommendations for methods and
techniques of
risk
hearing screening and hearing
assessment
evaluation;
referral (d)
Referral,
data recording and compilation, and procedures
to encourage
follow-up hearing
assessments
care;
maintenance (e)
Maintenance of a register of
newborns and infants
determined to be at high risk for hearing
impairment
who do not
pass the hearing screening;
and
preparation (f) Preparation of
the information required by section
3701.506 of the Revised Code and any
other information the public
health council
requires the
department of health to provide. (4) Ensure that the infant hearing screening and
assessment
program established under sections 3701.503 to
3701.507 of the
Revised Code is
incorporated into
early
intervention activities of
the department of health in compliance
with the "Education of the
Handicapped Act Amendments of 1986,"
100 Stat. 1145, 20 U.S.C.A.
1400.
Sec. 3701.508. (A) The public health council shall adopt
rules
in accordance with Chapter 119. of the Revised Code
governing the
statewide hearing screening, tracking, and early
intervention
program established under section 3701.504 of the
Revised Code,
including rules that do all of the following:
(1) Specify how hospitals and freestanding birthing centers
are to comply with the requirements of section 3701.505 of the
Revised Code, including methods and devices to be used for hearing
screening.
(2) Provide that no infant or newborn shall be required to
undergo a hearing screening if the parent, guardian, or custodian
of the infant or newborn objects on the grounds that the screening
conflicts with the parent's, guardian's, or custodian's religious
tenets and practices;
(3) Specify how the department of health will determine
whether a person is financially unable to pay for a hearing
screening and define "third-party payer" for the purpose of
reimbursement of hearing screening by the department under section
3701.505 of the Revised Code.
(4) Specify any additional information that hospitals and
freestanding birthing centers are to provide to the medically
handicapped children's medical advisory council's infant hearing
screening subcommittee under section 3701.509 of the Revised Code. (B) The rules shall be adopted so as to take effect not
later than six months after the effective date of this section.
Sec. 3701.509. (A) Not later than the first day of each
November, each hospital and freestanding birthing center that has
conducted a hearing screening required by section 3701.505 of the
Revised Code shall
provide to
the
department of health for use by
the medically
handicapped
children's medical
advisory council's
infant hearing
screening
subcommittee information
specifying all
of the following
for the
preceding year: (1) The number of newborns born in the hospital or
freestanding birthing center; (2) The number and percentage of newborns and infants born
in the
hospital or freestanding birthing center who
received a
hearing
screening; (3) The number of newborns and infants born in the hospital
or
freestanding birthing center whose
parents, guardians, or
custodians received the
information described in section 3701.506
of
the Revised Code; (4) The number and percentage of newborns and infants born
in the
hospital or freestanding birthing center who
did not pass
the
hearing screening; (5) The number and percentage of newborns and infants born
in the
hospital or freestanding birthing facility
whose parent,
guardian,
or custodian was provided
with a copy of the list
described in
division (B)(1) of section
3701.505 of the Revised
Code; (6) Any other information concerning the program established
under section 3701.504 of the Revised Code. (B) The infant hearing screening subcommittee, with the
support of the department of health, shall compile
and
summarize
the information submitted to the subcommittee by
hospitals and
freestanding birthing centers under
division (A) of
this section
and, beginning
with the first year after this section
becomes
effective, annually prepare and transmit a report to
the
director
of health, the
speaker of the house of
representatives,
and the
president of the senate. The
council shall make the
report
available to the public. (C) The department and all members of the subcommittee shall
maintain the confidentiality of patient-identifying information
submitted
under division (A) of this section and section 3701.505
of the Revised Code. The information is
not a public
record under
section 149.43 of the Revised Code,
except to the extent that the
information is
used in preparing
reports under this section.
Section 2. That existing sections 3701.503, 3701.504,
3701.505, 3701.506, and
3701.507 of the Revised Code are hereby
repealed.
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