87R5607 EAS-D     By: Darby, Oliverson, Anderson, Howard, H.B. No. 2566       Coleman, et al.       A BILL TO BE ENTITLED   AN ACT   relating to newborn and infant hearing screenings.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 47.0031(b), Health and Safety Code, is   amended to read as follows:          (b)  If a newborn or an infant does not pass the screening in   a follow-up hearing screening, the program that performed the   follow-up hearing screening on the newborn or infant shall:                (1)  provide the screening results to:                      (A)  the newborn's or infant's parents; and                      (B)  [with the prior written consent of the   newborn's or infant's parents,] the primary statewide resource   center established under Section 30.051, Education Code;                (2)  assist in scheduling a diagnostic audiological   evaluation for the newborn or infant, consistent with the most   current guidelines in the Joint Committee on Infant Hearing   Position Statement, or refer the newborn or infant to a licensed   audiologist who provides diagnostic audiological evaluations for   newborns or infants that are consistent with the most current   guidelines in the Joint Committee on Infant Hearing Position   Statement; and                (3)  refer the newborn or infant to early childhood   intervention services and the primary statewide resource center   established under Section 30.051, Education Code.          SECTION 2.  Sections 47.007(b), (d), (e), and (f), Health   and Safety Code, are amended to read as follows:          (b)  A [Subject to Section 47.008, a] qualified hearing   screening provider, hospital, health care provider, physician,   audiologist, or intervention specialist shall access the   information management, reporting, and tracking system to provide   information to the department and may obtain information from the   department relating to:                (1)  the results of each hearing screening performed   under Section 47.003(a) or 47.0031(a);                (2)  the results of each diagnostic audiological   evaluation required under Section 47.0031(b)(2);                (3)  infants who receive follow-up care;                (4)  infants identified with hearing loss;                (5)  infants who are referred for intervention   services; and                (6)  case level information necessary to report   required statistics to:                      (A)  the federal Maternal and Child Health Bureau   on an annual basis; and                      (B)  the federal Centers for Disease Control and   Prevention.          (d)  A qualified hearing screening provider, audiologist,   intervention specialist, educator, or other person who receives a   referral from a program under this chapter shall:                (1)  provide the services needed by the newborn or   infant or refer the newborn or infant to a person who provides the   services needed by the newborn or infant; and                (2)  provide[, with the consent of the newborn's or   infant's parent,] the following information to the department or   the department's designee:                      (A)  results of follow-up care;                      (B)  results of audiologic testing [of an infant   identified with hearing loss]; and                      (C)  reports on the initiation of intervention   services.          (e)  A qualified hearing screening provider, audiologist,   intervention specialist, educator, or other person who provides   services to an infant who is diagnosed with hearing loss shall   provide[, with the consent of the infant's parent,] the following   information to the department or the department's designee:                (1)  results of follow-up care;                (2)  results of audiologic testing; and                (3)  reports on the initiation of intervention   services.          (f)  A hospital that provides services under this chapter   shall use the information management, reporting, and tracking   system described by this section, access to which has been provided   to the hospital by the department, to report[,with the consent of   the infant's parent,] the following information to the department   or the department's designee:                (1)  results of all follow-up services for an infant   who is screened as [does not pass the screening] described by   Section 47.003(a) if the hospital provides the follow-up services;   or                (2)  the name of the provider or facility to which the   hospital refers an infant who does not pass the screening described   by Section 47.003(a) for follow-up services.          SECTION 3.  Section 47.008(c), Health and Safety Code, is   amended to read as follows:          (c)  The executive commissioner by rule shall develop   guidelines to protect the confidentiality of patients in accordance   with Chapter 159, Occupations Code, and require [the written or   electronic consent of] a parent or guardian of a patient to consent   once in accordance with Section 47.0085 before [any] individually   identifying information is disclosed for purposes of [provided to   the department or the primary statewide resource center established   under Section 30.051, Education Code, as set out in] this chapter.   The department and primary statewide resource center established   under Section 30.051, Education Code, shall permit a parent or   guardian at any time to withdraw information provided to the   department or center under this chapter.          SECTION 4.  The heading to Section 47.0085, Health and   Safety Code, is amended to read as follows:          Sec. 47.0085.  DISCLOSURE AND CONSENT.          SECTION 5.  Section 47.0085, Health and Safety Code, is   amended by amending Subsection (a) and adding Subsections (a-1) and   (a-2) to read as follows:          (a)  If the consent required for disclosure of information   under Section 47.008(c) is obtained, a follow-up provider listed in   Section 47.007 is not required to obtain additional consent of the   patient's parent or guardian before providing or obtaining   screening results, follow-up care results, or other information   related to the patient as specified in Section 47.007.          (a-1)  The department shall create a disclosure statement   for parents or guardians of newborns or infants under the program   disclosing that:                (1)  the results of a newborn's or infant's screening   under Sections 47.003 and 47.0031 may be shared with:                       (A)  the primary statewide resource center   established under Section 30.051, Education Code; and                       (B)  early childhood intervention services   developed under Chapter 73, Human Resources Code;                (2)  a written or electronic consent of the parent or   guardian must be obtained once in accordance with this section   before information individually identifying a newborn or infant   patient is disclosed for purposes of this chapter; and                (3)  the parent's or guardian's consent described by   Subdivision (2) may be revoked at any time as provided by Subsection   (a-2)(7).          (a-2)  The department shall create a process to:                (1)  require a birthing facility during a birth   admission to:                       (A)  review with a newborn's parent the disclosure   statement required by Subsection (a-1);                      (B)  obtain the written or electronic consent of   the parent once as required by Section 47.008(c); and                      (C)  if the newborn's parent provides the consent,   document the consent in the information management, reporting, and   tracking system described by Section 47.007;                (2)  if the consent of a newborn's parent is not   obtained under Subdivision (1)(B), allow a follow-up provider of   services to the newborn or infant under this chapter to obtain the   consent;                (3)  permit the parent or guardian of a newborn or   infant to provide the consent [required under this chapter] through   electronic means, including through audio or video recording;                (4)  ensure the consent status of the parent or   guardian of a patient is clearly indicated to follow-up providers   accessing the information management, reporting, and tracking   system;                 (5) [(2)]  determine the manner of storing electronic   consent records; [and]                (6) [(3)]  ensure the newborn's or infant's attending   physician has access to the electronic consent records for the   newborn or infant; and                (7)  allow a parent or guardian of a newborn or infant   to revoke, at any time, the parent's or guardian's consent for   disclosure of information described by Section 47.008(c) as   required by that section.          SECTION 6.  Subchapter E, Chapter 401, Occupations Code, is   amended by adding Section 401.2023 to read as follows:          Sec. 401.2023.  RULES FOR REPORTING AND REFERRING NEWBORN   AND INFANT HEARING SCREENINGS AND DIAGNOSTIC SERVICES. (a) An   audiologist or a speech-language pathologist that provides   screening or diagnostic services to newborns or infants shall   follow the protocols for referrals and reporting as required by   Chapter 47, Health and Safety Code, and commission rules.           (b)  With the assistance of the advisory board, the   commission shall adopt rules to establish requirements for   referrals and reporting regarding newborn or infant hearing   screenings or diagnostic services for purposes of this chapter and   Chapter 47, Health and Safety Code. In adopting rules under this   subsection, the commission shall consult with the Department of   State Health Services or the executive commissioner of the Health   and Human Services Commission as necessary.          SECTION 7.  (a)  The changes in law made by this Act to   Sections 47.0031(b) and 47.007, Health and Safety Code, apply only   to data relating to a hearing screening performed under Chapter 47,   Health and Safety Code, on or after the effective date of this Act.   Data relating to a hearing screening performed before the effective   date of this Act is governed by the law in effect on the date the   hearing screening was performed, and the former law is continued in   effect for that purpose.          (b)  As soon as practicable after the effective date of this   Act, the executive commissioner of the Health and Human Services   Commission shall adopt rules as necessary to implement the changes   in law made by this Act.          (c)  As soon as practicable after the effective date of this   Act, the commissioner of state health services shall create the   disclosure statement required by Section 47.0085(a-1), as added by   this Act.          (d)  As soon as practicable after the effective date of this   Act, the Texas Commission of Licensing and Regulation shall adopt   rules necessary to implement the changes in law made by Section   401.2023, Occupations Code, as added by this Act.          SECTION 8.  This Act takes effect September 1, 2021.