71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2536
A-Engrossed
Senate Bill 575
Ordered by the Senate May 4
Including Senate Amendments dated May 4
Sponsored by Senator GEORGE; Senator METSGER, Representatives
HILL, JENSON, KROPF, MERKLEY, NELSON, STARR, WINTERS (at the
request of Tom Bessonette)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Requires Health Division to develop monitoring system for
newborns who do not receive newborn hearing screening tests.
Appropriates moneys to Health Division to implement newborn
hearing screening tests at Oregon hospitals and birthing centers
that do not currently provide such tests.
A BILL FOR AN ACT
Relating to newborn hearing screening tests; creating new
provisions; amending ORS 433.321 and 433.323; and appropriating
money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 433.321 is amended to read:
433.321. (1) In all Oregon hospitals and birthing centers with
more than 200 live births per year, each newborn child shall
receive a newborn hearing screening test within one month of the
date of birth. A hospital or birthing center shall attempt to
conduct the test required under this subsection prior to the
discharge of the child from the facility.
(2) All Oregon hospitals and birthing centers with less than
200 live births per year shall provide the parent or guardian of
a newborn child with the appropriate information furnished by the
Health Division concerning the importance of newborn hearing
screening tests.
(3) All Oregon hospitals and birthing centers conducting
newborn hearing screening tests shall:
(a) Within 10 days of the test, notify the parent or guardian
and the health care provider for the newborn child of the test
results;
(b) With the results of the test, provide names and contact
information for diagnostic facilities in the community; and
{ - (c) On an annual basis, report to the division the number
of children tested and the number of children with abnormal
results. - }
{ + (c) On a basis prescribed by division rule, report to the
division identifying information and test results for individual
newborn children. + }
(4) Each public and private educational institution that
provides early intervention services as defined in ORS 343.035
shall, on { - an annual basis, inform the division of the
number of children - } { + a basis prescribed by division rule,
report to the division identifying information on individual
children + } enrolled in the institution who have diagnosed
hearing loss and who are receiving early intervention services.
{ + (5) Outpatient newborn hearing screeners and diagnostic
facilities shall report to the division, as prescribed by rule,
identifying information and results of hearing screening tests
for individual newborn children. + }
{ - (5) - } { + (6) + } The division, in collaboration with
the Child Development and Rehabilitation Center and Oregon Health
Sciences University shall, on an annual basis, provide to all
Oregon hospitals and birthing centers the following information:
(a) A description of the responsibilities created by this
section;
(b) A list of appropriate screening devices and descriptions of
training protocols to ensure that staff members are adequately
trained in the use of screening equipment;
(c) A list of newborn hearing screening testing and diagnostic
facilities;
(d) A list of public and private educational institutions that
provide early intervention services and a description of the
geographic area served by each institution; and
(e) Other information related to newborn hearing screening
tests that the division deems appropriate.
{ - (6) - } { + (7) + } A hospital or birthing center
directed to provide newborn hearing screening tests under this
section is exempt from providing such services if the parent or
guardian of the newborn child objects to the testing procedure on
the grounds that the procedure conflicts with the religious
tenets and practices of the parent or guardian. The parent or
guardian must sign a statement that the newborn infant is being
so reared.
{ + (8) The division shall develop and implement a monitoring
system for newborn children who do not receive newborn hearing
screening tests. The division shall notify families of such
children, excluding those families objecting under subsection (7)
of this section, of the importance of hearing screening tests and
provide names and contact information for diagnostic facilities
in the community. + }
{ - (7) - } { + (9) + } No newborn child may be refused the
procedure described in subsection (1) of this section because of
an inability of the parent or guardian to pay for the procedure.
SECTION 2. ORS 433.323 is amended to read:
433.323. (1) { + (a) + } The Health Division shall collect
information on newborn hearing screening tests from Oregon
hospitals, birthing centers and educational institutions
providing early intervention services as defined in ORS 343.035.
{ + (b) The division shall institute measures to ensure the
privacy of individuals on whom information is collected pursuant
to the provisions of ORS 433.321 and this section.
(c) Oregon hospitals, birthing centers, educational
institutions providing early intervention services and their
employees are exempt from liability for any reasonable act
performed in the course of providing information on newborn
hearing screening tests to the division under the provisions of
ORS 433.321 and this section. + }
(2) The division shall analyze the information collected under
subsection (1) of this section to determine the effectiveness of
the testing requirements of ORS 433.321 in identifying hearing
loss in the newborn child population.
(3) The division shall issue an annual report detailing the
results of the newborn hearing screening tests.
SECTION 3. { + The Health Division shall appoint an advisory
committee to provide:
(1) Advice on the implementation of the amendments to ORS
433.321 and 433.323 by sections 1 and 2 of this 2001 Act.
(2) Assistance in the preparation of a report to the
Seventy-second Legislative Assembly on the status of the newborn
hearing screening testing program. The report shall include
recommendations on improving the testing program, including but
not limited to strategies to increase the rate of early screening
for children born in hospitals and birthing centers with fewer
than 200 live births per year or born outside of hospitals and
birthing centers. + }
SECTION 4. { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Health Division, for
the biennium beginning July 1, 2001, out of the General Fund, the
amount of $200,000, which may be expended for the implementation
of newborn hearing screening tests at Oregon hospitals and
birthing centers that currently do not provide such services. + }
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