135.131 - UNIVERSAL NEWBORN AND INFANT HEARING SCREENING.

        135.131  UNIVERSAL NEWBORN AND INFANT HEARING
      SCREENING.
         1.  For the purposes of this section, unless the context otherwise
      requires:
         a.  "Birth center" means birth center as defined in section
      135.61.
         b.  "Birthing hospital" means a private or public hospital
      licensed pursuant to chapter 135B that has a licensed obstetric unit
      or is licensed to provide obstetric services.
         2.  All newborns and infants born in this state shall be screened
      for hearing loss in accordance with this section.  The person
      required to perform the screening shall use at least one of the
      following procedures:
         a.  Automated or diagnostic auditory brainstem response.
         b.  Otoacoustic emissions.
         c.  Any other technology approved by the department.
         3. a.  A birthing hospital shall screen every newborn
      delivered in the hospital for hearing loss prior to discharge of the
      newborn from the birthing hospital.  A birthing hospital that
      transfers a newborn for acute care prior to completion of the hearing
      screening shall notify the receiving facility of the status of the
      hearing screening.  The receiving facility shall be responsible for
      completion of the newborn hearing screening.
         b.  The birthing hospital or other facility completing the
      hearing screening under this subsection shall report the results of
      the screening to the parent or guardian of the newborn and to the
      department in a manner prescribed by rule of the department.  The
      birthing hospital or other facility shall also report the results of
      the hearing screening to the primary care provider of the newborn or
      infant upon discharge from the birthing hospital or other facility.
      If the newborn or infant was not tested prior to discharge, the
      birthing hospital or other facility shall report the status of the
      hearing screening to the primary care provider of the newborn or
      infant.
         4.  A birth center shall refer the newborn to a licensed
      audiologist, physician, or hospital for screening for hearing loss
      prior to discharge of the newborn from the birth center.  The hearing
      screening shall be completed within thirty days following discharge
      of the newborn.  The person completing the hearing screening shall
      report the results of the screening to the parent or guardian of the
      newborn and to the department in a manner prescribed by rule of the
      department.  Such person shall also report the results of the
      screening to the primary care provider of the newborn.
         5.  If a newborn is delivered in a location other than a birthing
      hospital or a birth center, the physician or other health care
      professional who undertakes the pediatric care of the newborn or
      infant shall ensure that the hearing screening is performed within
      three months of the date of the newborn's or infant's birth.  The
      physician or other health care professional shall report the results
      of the hearing screening to the parent or guardian of the newborn or
      infant, to the primary care provider of the newborn or infant, and to
      the department in a manner prescribed by rule of the department.
         6.  A birthing hospital, birth center, physician, or other health
      care professional required to report information under subsection 3,
      4, or 5 shall report all of the following information to the
      department relating to a newborn's or infant's hearing screening, as
      applicable:
         a.  The name, address, and telephone number, if available, of
      the mother of the newborn or infant.
         b.  The primary care provider at the time of the newborn's or
      infant's discharge from the birthing hospital or birth center.
         c.  The results of the hearing screening.
         d.  Any rescreenings and the diagnostic audiological
      assessment procedures used.
         e.  Any known risk indicators for hearing loss of the newborn
      or infant.
         f.  Other information specified in rules adopted by the
      department.
         7.  The department may share information with agencies and persons
      involved with newborn and infant hearing screenings, follow-up, and
      intervention services, including the local birth-to-three coordinator
      or similar agency, the local area education agency, and local health
      care providers.  The department shall adopt rules to protect the
      confidentiality of the individuals involved.
         8.  An audiologist who provides services addressed by this section
      shall conduct diagnostic audiological assessments of newborns and
      infants in accordance with standards specified in rules adopted by
      the department.  The audiologist shall report all of the following
      information to the department relating to a newborn's or infant's
      hearing, follow-up, diagnostic audiological assessment, and
      intervention services, as applicable:
         a.  The name, address, and telephone number, if available, of
      the mother of the newborn or infant.
         b.  The results of the hearing screening and any rescreenings,
      including the diagnostic audiological assessment procedures used.
         c.  The nature of any follow-up or other intervention services
      provided to the newborn or infant.
         d.  Any known risk indicators for hearing loss of the newborn
      or infant.
         e.  Other information specified in rules adopted by the
      department.
         9.  This section shall not apply if the parent objects to the
      screening.  If a parent objects to the screening, the birthing
      hospital, birth center, physician, or other health care professional
      required to report information under subsection 3, 4, or 5 to the
      department shall obtain a written refusal from the parent, shall
      document the refusal in the newborn's or infant's medical record, and
      shall report the refusal to the department in the manner prescribed
      by rule of the department.
         10.  A person who acts in good faith in complying with this
      section shall not be civilly or criminally liable for reporting the
      information required to be reported by this section.  
         Section History: Recent Form
         2003 Acts, ch 102, §1; 2009 Acts, ch 37, §3
         Referred to in § 135.119, 135B.18A