70th OREGON LEGISLATIVE ASSEMBLY--1999 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 2680

                           A-Engrossed

                         House Bill 3246
                  Ordered by the House June 29
            Including House Amendments dated June 29

Sponsored by Representative LEWIS; Representatives HILL, JENSON,
  MERKLEY, MORRISETTE, RASMUSSEN, WALKER, Senator GEORGE (at the
  request of Judy Brown, Oregon State Grange, Tucker-Maxon Oral
  School, Oregon Chapter of the Alexander Graham Bell Association
  for the Deaf, Willamette Education Service District, Sauvie
  Island Grange, Self Help for the Hard of Hearing People,
  Hearing and Speech Institute and Oregon Hearing Society, Inc.)


                             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 that certain hospitals and birthing centers
provide newborn hearing screening tests. Requires that certain
hospitals and birthing centers provide parents with information
about hearing tests. + }
  Directs Health Division of Department of Human Resources to
  { - develop program for screening newborn infants for hearing
ability. Sets six-year timetable for implementation of program.
Creates Universal Newborn Hearing Screening Advisory Commission.
Defines membership of commission - }  { +  collect information on
newborn hearing screening tests + }.
    { - Declares emergency, effective on passage. - }

                        A BILL FOR AN ACT
Relating to newborn hearing screening tests.
  Whereas the State of Oregon finds that newborn hearing
screening tests can provide important early detection of newborn
hearing loss; and
  Whereas the Legislative Assembly declares that it is the policy
of the State of Oregon that all newborn infants receive a newborn
hearing screening test prior to discharge from the hospital or
birthing center; now, therefore,
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (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.
  (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 enrolled in the institution who have diagnosed hearing
loss and who are receiving early intervention services.
  (5) 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) 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) 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.  { + (1) 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.
  (2) The division shall analyze the information collected under
subsection (1) of this section to determine the effectiveness of
the testing requirements of section 1 of this 1999 Act 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 section 1 of this 1999 Act.
  (2) Assistance in the preparation of a report to the
Seventy-first 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 less
than 200 live births per year or born outside of hospitals and
birthing centers. + }
  SECTION 4.  { + Sections 1 and 2 of this 1999 Act do not become
operative until July 1, 2000. + }
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