Chapter 958 Oregon Laws 1999

Session Law

 

AN ACT

 

HB 3246

 

Relating to newborn hearing screening tests.

      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) In all Oregon hospitals and birthing centers with more than 200 live births per year, each newborn child shall receive a newborn hearing screening test within one month of the date of birth. A hospital or birthing center shall attempt to conduct the test required under this subsection prior to the discharge of the child from the facility.

      (2) All Oregon hospitals and birthing centers with less than 200 live births per year shall provide the parent or guardian of a newborn child with the appropriate information furnished by the Health Division concerning the importance of newborn hearing screening tests.

      (3) All Oregon hospitals and birthing centers conducting newborn hearing screening tests shall:

      (a) Within 10 days of the test, notify the parent or guardian and the health care provider for the newborn child of the test results;

      (b) With the results of the test, provide names and contact information for diagnostic facilities in the community; and

      (c) On an annual basis, report to the division the number of children tested and the number of children with abnormal results.

      (4) Each public and private educational institution that provides early intervention services as defined in ORS 343.035 shall, on an annual basis, inform the division of the number of children enrolled in the institution who have diagnosed hearing loss and who are receiving early intervention services.

      (5) The division, in collaboration with the Child Development and Rehabilitation Center and Oregon Health Sciences University shall, on an annual basis, provide to all Oregon hospitals and birthing centers the following information:

      (a) A description of the responsibilities created by this section;

      (b) A list of appropriate screening devices and descriptions of training protocols to ensure that staff members are adequately trained in the use of screening equipment;

      (c) A list of newborn hearing screening testing and diagnostic facilities;

      (d) A list of public and private educational institutions that provide early intervention services and a description of the geographic area served by each institution; and

      (e) Other information related to newborn hearing screening tests that the division deems appropriate.

      (6) A hospital or birthing center directed to provide newborn hearing screening tests under this section is exempt from providing such services if the parent or guardian of the newborn child objects to the testing 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.

      (7) 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. (1) The Health Division shall collect information on newborn hearing screening tests from Oregon hospitals, birthing centers and educational institutions providing early intervention services as defined in ORS 343.035.

      (2) The division shall analyze the information collected under subsection (1) of this section to determine the effectiveness of the testing requirements of section 1 of this 1999 Act in identifying hearing loss in the newborn child population.

      (3) The division shall issue an annual report detailing the results of the newborn hearing screening tests.

      SECTION 3. The Health Division shall appoint an advisory committee to provide:

      (1) Advice on the implementation of section 1 of this 1999 Act.

      (2) Assistance in the preparation of a report to the Seventy-first Legislative Assembly on the status of the newborn hearing screening testing program. The report shall include recommendations on improving the testing program, including but not limited to strategies to increase the rate of early screening for children born in hospitals and birthing centers with less than 200 live births per year or born outside of hospitals and birthing centers.

      SECTION 4. Sections 1 and 2 of this 1999 Act do not become operative until July 1, 2000.

 

Approved by the Governor August 17, 1999

 

Filed in the office of Secretary of State August 18, 1999

 

Effective date October 23, 1999

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