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
House Bill 3246
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 as
introduced.
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.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to newborn hearing screening tests; and declaring an
emergency.
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) The Health Division of the Department of
Human Resources is directed to establish a newborn hearing
screening program that tests all newborn infants prior to
discharge from a hospital or birthing center. All infants born
outside a hospital or birthing center shall receive a newborn
hearing screening test within 28 days of birth.
(2) The division, the parent or guardian and the health care
provider for the newborn shall be notified of the results of the
hearing test. Such notification shall occur prior to discharge
from the hospital if possible, or within 10 days following the
test.
(3) The division shall adopt all rules necessary for the
administration and enforcement of this section, including but not
limited to:
(a) Procedures to monitor compliance;
(b) The types of hearing tests that may be used;
(c) Procedures to ensure that follow-up testing and referral to
appropriate services are provided for a newborn failing the
initial hearing screening test;
(d) Procedures to ensure that hospital staff are adequately
trained in the use of screening equipment and in interpreting the
results of the hearing screening test; and
(e) Procedures for collecting data and monitoring the quality
of the statewide newborn hearing screening program.
(4) The procedure described in subsection (1) of this section
does not apply to any newborn infant whose parent or guardian
objects to the 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.
(5) 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. { + The Health Division of the Department of Human
Resources shall implement the newborn hearing screening program
described in section 1 of this 1999 Act in the following manner:
(1) Within the first two years following the effective date of
this 1999 Act, the division shall require all hospitals to
perform newborn hearing screening tests;
(2) Within the first four years following the effective date of
this 1999 Act, the division shall require all birthing centers to
perform newborn hearing screening tests; and
(3) Within the first six years following the effective date of
this 1999 Act, strategies shall be developed by the division to
provide services to infants not initially tested at birth. + }
SECTION 3. { + (1) There is established within the Health
Division of the Department of Human Resources a Universal Newborn
Hearing Screening Advisory Commission to advise the division on
issues relating to the newborn hearing screening program,
diagnostic hearing testing, intervention, treatments and
follow-up testing of newborn infants. The division shall provide
any needed support services to the commission.
(2) The commission shall consist of at least nine members
appointed by the Governor and subject to confirmation by the
Senate. The membership shall include:
(a) One or more parents of deaf children;
(b) A physician specializing in ear, nose and throat
conditions;
(c) A pediatric physician;
(d) An audiologist;
(e) A representative of a hospital obstetrics department;
(f) One or more deaf adults;
(g) A representative of the Department of Education;
(h) A representative of the Health Division; and
(i) A representative of the health insurance industry.
(3) Members of the commission shall serve for a term of four
years at the pleasure of the Governor.
(4) Members shall receive no compensation for their services,
but subject to any applicable state law, shall be allowed actual
and necessary travel expenses incurred in the performance of
their duties. + }
SECTION 4. { + This 1999 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 1999 Act takes effect on its
passage. + }
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