191.928. Surveillance and monitoring system for certain newborns--standards and follow-up procedure--confidentiality of information.
Surveillance and monitoring system for certain newborns--standardsand follow-up procedure--confidentiality of information.
191.928. 1. The department of health and senior services shallestablish and maintain a newborn hearing screening surveillance andmonitoring system for newborns who have been reported with possible hearingloss for the purpose of confirming the presence or absence of hearing loss,and referring those with hearing loss for early intervention services.
2. The department of health and senior services shall establishstandards and follow-up procedures for all newborns reported with possiblehearing loss pursuant to the provisions of section 191.925, as necessary toassure appropriate and timely diagnosis of hearing loss, delivery ofamplification, and referral for early intervention services. Suchstandards and procedures shall include:
(1) Rescreening;
(2) Diagnostic audiological assessment;
(3) Individuals qualified to administer rescreening and diagnosticaudiological assessment;
(4) Time lines for administering rescreening and diagnostic pediatricaudiological assessment; and
(5) Time lines and content of contacts to be made by the surveillanceand monitoring system.
3. The results of rescreening and diagnostic audiological assessmentprocedures shall be reported to the department of health and seniorservices in a manner prescribed by the department. Any person who acts ingood faith in complying with this section in reporting rescreening ordiagnostic audiological assessment procedures to the department of healthand senior services, or the parents or guardians of a newborn shall not becivilly or criminally liable for furnishing the information required bythis section.
4. Any newborn with a confirmed hearing loss in the surveillance andmonitoring system shall be referred to the appropriate point of contact forthe Part C of the Individuals with Disabilities Education Act (IDEA) systemof early intervention services (First Steps) and shall be reported to theMissouri commission for the deaf and hard of hearing for census purposes.
5. Except as provided in this section, the information contained inthe surveillance and monitoring system shall be confidential and shall notbe divulged or made public in a manner that discloses the identity of anindividual. The department of health and senior services may disclose andexchange such information as is necessary to provide follow-up services fornewborns identified with hearing loss to the following persons without aparent's or guardian's written release:
(1) Employees of public agencies, departments and politicalsubdivisions who need to know such information to carry out their publicduties; or
(2) Health care professionals or their agents who undertake thepediatric care of the newborn.
If any person discloses such information for any other purposes, suchperson is guilty of an unauthorized release of confidential information andthe person who discloses is liable for civil damages.
(L. 1999 H.B. 401 § 191.253, A.L. 2002 H.B. 1783)