Bill Text: HI SB1140 | 2022 | Regular Session | Amended
Bill Title: Relating To Newborn Hearing Screening.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2022-03-10 - Referred to HHH, CPC, FIN, referral sheet 24 [SB1140 Detail]
Download: Hawaii-2022-SB1140-Amended.html
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THE SENATE |
S.B. NO. |
1140 |
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THIRTY-FIRST LEGISLATURE, 2021 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO NEWBORN HEARING SCREENING.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that newborn hearing screening is mandated by sections
321-361 through 321-363, Hawaii Revised Statutes, as a public health screening
program that helps deaf or hard of hearing children reach their developmental
milestones and be language ready for school.
Furthermore, the national standards for early
hearing detection and intervention include hearing screening by age one month,
diagnostic audiologic evaluation by age three months, and enrollment in early
intervention services by age six months.
Studies show that children who are deaf or hard of hearing who receive
early hearing screening and appropriate follow-up have better vocabulary
outcomes, reach their language and communication milestones, and are language
ready for school.
The legislature further finds that the
department of health's newborn hearing screening program does not receive
diagnostic audiologic evaluation results for all newborns who do not pass
newborn hearing screening. Consistent
reporting of diagnostic audiologic evaluation results will allow the program to
ensure that all infants who do not pass hearing screening will receive a
diagnostic audiologic evaluation and appropriate follow-up and support. Timely diagnostic audiologic evaluation
results will also facilitate referrals into early intervention services for
infants who are deaf or hard of hearing.
The purpose of this Act is to:
(1) Ensure that timely diagnostic audiologic reports on newborns who did not pass newborn hearing screening, or infants whose hearing status changes, are provided to the department of health; and
(2) Update definitions and terminology.
SECTION 2. Section 321-361, Hawaii Revised Statutes, is as follows:
1. By adding four new definitions to be appropriately inserted and to read:
""Audiologist" means an individual
professional licensed as an audiologist pursuant to chapter 468E.
"Deaf or hard of
hearing"
means any type and degree of permanent hearing loss as assessed by a licensed
audiologist or physician specialized in hearing function.
"Diagnostic audiologic
evaluation"
means an evaluation of the sensitivity of a person's sense of hearing as
assessed by a licensed audiologist or physician specialized in hearing
function.
"Hearing screening" means objective
procedures to detect possible hearing loss and determine the need for
diagnostic audiologic and medical evaluations."
2. By deleting the definition of "Hearing-impaired infant".
[""Hearing-impaired
infant" means an infant who has an impairment that is a dysfunction of the
auditory system of any type or degree sufficient to interfere with the
acquisition and development of speech and language skills."]
3. By deleting the definition of "Management".
[""Management"
means the habilitation of the hearing impaired infant."]
4. By deleting the definition of "Screening".
[""Screening"
means a test or battery of tests administered to determine the need for a
professional examination."]
SECTION 3. Section 321-362, Hawaii Revised Statutes, is amended to read as follows:
"§321-362 Duties. It shall be the duty and responsibility of the department to:
(1) Establish,
implement, and evaluate a statewide [program for early identification of,
and intervention for, hearing impairment in infants;] system for hearing
screening and diagnostic audiologic evaluation to identify infants who are deaf
or hard of hearing, and for referral and enrollment of these infants in early intervention
services;
(2) Establish
standards and guidelines for [the] hearing screening,
identification, diagnosis, intervention, and monitoring of infants [with
hearing impairment and infants at risk for delayed onset of hearing impairment;]
who are deaf or hard of hearing or have been identified with a risk
indicator for developing delayed-onset or progressive hearing loss, or both;
(3) Develop a plan in
conjunction with the department of [education's statewide center for
students with hearing or visual impairments] education to involve [the]
parents or guardians [with the] in any medical and educational
follow-up [and management of] for infants who [have been
identified as hearing-impaired or at risk of delayed onset of hearing
impairments;] are deaf or hard of hearing, or who have been identified
with a risk indicator for developing delayed-onset or progressive hearing loss,
or both; and
(4) Collect and
analyze program data in relation to the duties and responsibilities of the
department."
SECTION 4. Section 321-362.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§321-362.5[] Screening
for hearing impairment.] Hearing
screening, diagnostic audiologic evaluation, and intervention. (a)
All newborn infants shall [be screened for hearing impairment for
early identification of children with hearing loss and for the promotion of
their development of language and communication.] receive a hearing
screening to allow early identification and intervention to maximize social,
emotional, and language outcomes for children who are deaf or hard of hearing.
(b)
The person in charge of each birthing facility caring for newborn infants
and the responsible physician attending the birth of a newborn or the person
assisting the birth of a child not attended by a physician shall ensure that
every infant in the person's care [be screened for hearing impairment.] receives
a hearing screening. This section
shall not apply if the parent, guardian, or other person having custody or
control of the child objects to the hearing screening in writing on the
grounds that the hearing screening conflicts with their religious
beliefs. The written objection shall be
made a part of the infant's medical record.
(c)
Birthing facilities [screening newborn infants for hearing impairment]
shall report newborn hearing screening results to the department[,
for the purpose of the department ensuring a statewide system for the
screening, diagnostic evaluation, and intervention for all newborn infants with
hearing impairment].
(d) Audiologists and physicians specialized in
hearing function who perform diagnostic audiologic evaluations of infants shall
report diagnostic audiologic evaluation results of those infants who do not
pass the hearing screening test or are diagnosed as deaf or hard of hearing up
to the age of three years to the department."
SECTION 5. Section 321-363, Hawaii Revised Statutes, is amended to read as follows:
"§321-363 Rules. The department shall adopt rules, pursuant to
chapter 91, necessary for the purposes of this part, including but not limited
to the administration and quality of newborn hearing screening;
retention of records and related data; reporting of [positive] hearing
screening results; reporting of diagnostic audiologic evaluation
[and] results for infants who fail newborn hearing screening or have
been identified as deaf or hard of hearing; intervention for infants [with hearing impairment;] who have
been identified as deaf or hard of hearing; informing parents
about the purpose of hearing screening[;], diagnostic
audiologic evaluation, and intervention; and maintaining the
confidentiality of affected families."
SECTION 6. Statutory material to be repealed is bracketed
and stricken. New statutory material is
underscored.
SECTION 7. This Act shall take effect upon its approval.
Report Title:
Newborn; Hearing Screening; Diagnostic Tests
Description:
Amends the newborn hearing screening statute to mandate reporting of diagnostic audiologic evaluation results to improve hearing follow-up of infants. Updates definitions and terminology. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
