BackHAWAII REVISED STATUTES
DEPARTMENT OF HEALTH 321-363
[PART XXIX.] STATEWIDE NEWBORN HEARING SCREENING PROGRAM
Revision Note
In this part, “part” substituted for “chapter”.
[§321-361] Definitions. As used in this part, unless the context clearly indicates otherwise:
“Department” means the department of health.
“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.
“Infant” means a child from birth to thirty-six months of age.
“Management” means the habilitation of the hearing-impaired infant.
“Screening” means a test or battery of tests administered to determine the need for a
professional examination. [L 1990, c 85, pt of §3]
§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;
(2) Establish standards and guidelines for the screening, identification, diagnosis,
intervention, and monitoring of infants with hearing impairment and infants at risk for
delayed onset of hearing impairment;
(3) Develop a plan in conjunction with the department of education’s statewide center for
students with hearing or visual impairments to involve the parents or guardians with the
medical and educational follow-up and management of infants who have been identified
as hearing-impaired or at risk of delayed onset of hearing impairments; and
(4) Collect and analyze program data in relation to the duties and responsibilities of the
department. [L 1990, c 85, pt of §3; am L 2001, c 42, pt of §2]
[§321-362.5] Screening for hearing impairment. (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.
(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. This section shall not apply if the parent, guardian, or other person having custody or
control of the child objects to the screening in writing on the grounds that the 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 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. [L
2001, c 42, §1]
§321-363 Rules. The department shall adopt rules, pursuant to chapter 91, necessary for the
purposes of this part, including but not limited to administration and quality of newborn hearing
screening; retention of records and related data; reporting of positive screening results; diagnostic
evaluation and intervention for infants with hearing impairment; informing parents about the purpose
of screening; and maintaining the confidentiality of affected families. [L 1990, c 85, pt of §3; am L
2001, c 42, pt of §2]