72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 401
Sponsored by Senators METSGER, FISHER (at the request of Oregon
Academy of Audiology and Newborn Hearing Advisory Committee)
CHAPTER ................
AN ACT
Relating to newborn hearing screening tests; creating new
provisions; and amending ORS 433.321 and 433.323.
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 - } { + fewer + } than 200 live births per year shall
provide the parent or guardian of a newborn child with the
appropriate information furnished by the Department of Human
Services concerning the importance of newborn hearing screening
tests.
(3) All Oregon hospitals and birthing centers conducting
newborn hearing screening tests shall { + , within 10 days of the
test + }:
(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 department the
number of children tested and the number of children with
abnormal results. - }
{ + (c) Report to the department the results of the test for
the newborn child and information identifying the newborn child.
(4) A diagnostic facility conducting newborn hearing tests
shall report, within 10 days of the test, to the department the
results of the test for the newborn child and information
identifying the newborn child. + }
{ - (4) - } { + (5) + } Each public and private educational
institution that provides early intervention services as defined
in ORS 343.035 shall { - , on an annual basis, inform the
department of the number of - } { + disclose to the department
information identifying the + } children { - enrolled in the
institution who have diagnosed hearing loss and who are receiving
early intervention services. - } { + referred to the
educational institution with diagnosed hearing loss and the
Enrolled Senate Bill 401 (SB 401-A) Page 1
enrollment status of the children. The institution may disclose
to the department additional information regarding children with
hearing loss who are receiving early intervention services if the
educational institution has obtained consent to disclose the
information. + }
{ - (5) - } { + (6) + } The department, in collaboration
with the Child Development and Rehabilitation Center
{ - and - } { + of the + } Oregon Health and Science
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 department 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.
{ - (7) - } { + (8) + } 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) As used in this section:
(a) 'Newborn hearing screening test registry' means a listing
of newborn children and information related to their newborn
hearing screening tests.
(b) 'Tracking and recall system' means a system attached to the
newborn hearing screening test registry designed to contact the
parent or guardian of a newborn child listed in the newborn
hearing screening test registry for the purposes of assisting in
testing and in enrollment of the newborn child in early
intervention services in a timely manner.
(2) The Department of Human Services shall implement a newborn
hearing screening test registry and tracking and recall system.
The registry and system shall include, but are not limited to,
the following:
(a) Information on the results of newborn hearing screening
tests performed at Oregon hospitals, birthing centers and
diagnostic facilities.
(b) Notification of the parent or guardian and the health care
provider of a newborn child and of the local public health agency
of the county in which the parent or guardian resides when the
system indicates that a newborn child has not received a newborn
hearing screening test, has been referred to a diagnostic
facility for a diagnostic evaluation but has not received the
evaluation or has been diagnosed with hearing loss but has not
been enrolled in an educational institution providing early
intervention services.
Enrolled Senate Bill 401 (SB 401-A) Page 2
(3) The department shall adopt rules:
(a) Implementing this section and ORS 433.321;
(b) Ensuring the privacy of individuals about whom information
is collected pursuant to this section and ORS 433.321; and
(c) Specifying the forms to be used by hospitals, birthing
centers, diagnostic facilities and educational institutions to
provide the information required under this section and ORS
433.321. + }
{ - (1) The Department of Human Services 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. - }
{ - (2) - } { + (4) + } The department shall analyze the
information collected under { - subsection (1) of - } this
section to determine the
{ - effectiveness of the testing requirements - }
{ + efficacy + } of { + this section and + } ORS 433.321 in
identifying hearing loss in the newborn child population { + and
enrolling newborn children in early intervention services + }.
{ - (3) - } { + (5) + } The department shall issue an
annual report detailing the results of { - the - } newborn
hearing screening tests { + , diagnostic evaluations and
participation in early intervention services + }.
{ + (6) The department shall implement the newborn hearing
screening test registry within existing resources. The department
may accept contributions of funds and assistance from the United
States Government or its agencies or from any other source,
public or private, and agree to conditions not inconsistent with
the purposes of the registry. + }
SECTION 3. { + A person may not maintain an action for damages
against an Oregon hospital, birthing center, diagnostic facility
or educational institution offering early intervention services
as defined in ORS 343.035 or their employees for disclosures of
information made in good faith in accordance with ORS 433.321 and
433.323. + }
SECTION 4. { + (1) The Director of Human Services shall
appoint a Newborn Hearing Advisory Committee to:
(a) Advise the director on the implementation of the newborn
hearing screening test registry and tracking and recall system;
and
(b) Assist in the preparation of a report to the Seventy-third
Legislative Assembly on the status of the newborn hearing
screening test registry and tracking and recall system.
(2) The director shall prepare and submit a report to the
Seventy-third Legislative Assembly on the status of the newborn
hearing screening test registry and tracking and recall system.
The report shall include recommendations on improving the
registry and system, including but not limited to strategies to
increase the rate of newborn hearing screening tests for children
born in hospitals and birthing centers with fewer than 200 live
births per year and children born at home.
(3) The director shall determine the representation,
membership, terms of service and organization of the committee
and shall appoint the members to the committee. Members of the
committee are not entitled to compensation, but in the discretion
of the director may be reimbursed from funds available to the
director for actual and necessary travel and other expenses
incurred in the performance of their official duties in the
manner and amount provided in ORS 292.495. + }
Enrolled Senate Bill 401 (SB 401-A) Page 3
SECTION 5. { + The purpose of ORS 433.321 and 433.323 and
sections 3 and 4 of this 2003 Act is to waive the requirement of
authorization to disclose information from, or provide
information to, the record of a newborn child in the newborn
hearing screening test registry and to waive confidentiality in
regard to this information. The waiver allows providers, the
Department of Human Services and local health departments and
their agents, parents or guardians and diagnostic facilities to
share information from the newborn hearing screening test
registry without violating confidentiality. The newborn hearing
screening test registry and the associated tracking and recall
system are designed to increase early and appropriate
intervention to minimize delays in developing language skills by
the children of this state. + }
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Passed by Senate March 20, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 16, 2003
...........................................................
Speaker of House
Enrolled Senate Bill 401 (SB 401-A) Page 4
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled Senate Bill 401 (SB 401-A) Page 5