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Last Modifed: 09/30/2010 
Return to State Mandate Summaries by Provision

Mandate Provision: Parental Objection Exclusion
 
Excerpts from Legislation/Rules & Regulations

ALASKA

Statute: Sec.6, Sec. 47.20.310.

(f) Notwithstanding (a) of this section, a physician or other person required to cause a newborn hearing screening under this section is exempt from this requirement if the parent of the newborn child objects to the screening procedure on the grounds that the procedure conflicts with the religious or other tenets and practices of the parent. The parent shall sign a statement that the parent knowingly refuses the services, and the physician or other person shall have a copy of the signed statement retained in the hospital records of the birth and sent to the department for tracking under AS 47.20.320. Source: HB 109

ARKANSAS

Statute: Sec.5. No test is be performed if the parent of a newborn/infant dissents on the ground that the test conflicts with personal religious belief or practice. [Source: SB 819, 1999]

Rule: Sec.V. No test to be performed if the parent of a newborn/infant dissents on the ground that the test conflicts with personal religious belief pr practice. [Source: Arkansas Code Annotated 20-15-1501, 1999]

CONNECTICUT

Statute: Sec. 9. The provisions of this subsection shall not apply to any infant whose parents object to hearing screening as being in conflict with their religious tenets and practice.

[Source: HB 8007, 1997]

(b) A parent who refuses to allow his or her infant to be screened for a hearing impairment based upon religious tenets and practice shall sign a statement attesting to said refusal which shall include a statement by a licensed health care provider that the parent was informed of the medical consequences of such refusal. The document shall identify the specific reasons for the refusal and shall be placed in the infant's medical record. If a parent declines to sign the refusal statement, the institution shall document in the infant's medical record the reason for the refusal by the parent to permit newborn hearing screening and a statement that the parent refused to sign the document and was informed of the medical consequences of such refusal.

[Source: Rules (June 18 Special Session, PUBLIC ACT NO. 97-8)]

DISTRICT OF COLUMBIA

Statute: Sec.3
(d) Each hospital and maternity center shall inform the parent of the newborn of the availability of the hearing screening and shall perform the hearing screening unless the procedure is contrary to the parent's religious beliefs or parental consent is withheld.
(e) Each hospital and maternity center shall document a parent's consent or refusal to participate in its newborn hearing screening program.

Source: A13-0572

HAWAII

Statute: §321-362.5 Screening for hearing impairment.  (b)…  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 objections shall be made part of the infant’s medical record.

Source: [2001 Amendment]

ILLINOIS

Statute: Section 25. Objections to test. The provisions of this Act shall not apply when the parent or guardian of the newborn infant objects to hearing screening on the grounds that the screening conflicts with his or her religious beliefs and practices. [Source HB 596, 1999]

INDIANA

Statute: Sec. 2. (c) If a parent of an infant objects in writing, for reasons pertaining to religious beliefs only, the infant is exempt from the examinations required byt the chapter. [Source: HB 1410, 1999]

IOWA

Statute: Sec.1, 9.
9. This section shall not apply if the parent objects to the screening. If a parent objects to the screening, the birthing hospital, birth center, physician, or other health care professional required to report information under subsection 3, 4, or 5 to the department shall obtain a written refusal from the parent, shall document the refusal in the newborn’s or infant’s medical record, and shall report the refusal to the department in the manner prescribed by rule of the department.

Source: HF 454

MASSACHUSETTS

Statute: Sec. 67F. Ysuch test shall not be performed if the parents or guardian of the newborn infant object to the test based upon the sincerely held religious beliefs of the parent or guardian. [Source: Chapter 243 of the Acts of 1998]

MISSOURI

Statute: 191.925. 1 5. The provisions of this section shall not apply if the parents of the newborn or infant object to such testing on the grounds that such tests conflict with their religious tenets and practices. 6. As provided in subsection 5 of this section, the parent of any child who fails to have the hearing screening test administered after notice of the requirement for such test shall have such refusal documented in writing. Such physicians, persons or administrators shall obtain written refusal and make such refusal part of medical record of the infant, and shall report such refusal to the department of health and senior services in a manner prescribed by the department. [Source: Missouri Revised Statutes, Chapter 191, Health and Welfare, Sec. 191.925, 2001]

NEVADA

Statute: Sec. 8. A newborn child may be discharged from the licensed hospital or obstetric center in which he was born without having undergone a required hearing screening or having been referred for a hearing screening if a parent or legal guardian of the newborn child objects in writing to the hearing screening. The hospital or obstetric center shall place the written objection of the parent or legal guardian to the hearing screening in the medical file of the newborn child. {Note: Exclusion not solely limited to religious grounds.} [Source: AB 250, 2001]

NEW JERSEY

Statute: 8:19-2.12 (a) This subchapter shall not apply in the case of any infant or child whose parent or guardian objects to the testing on the grounds that testing would conflict with his or her religious tenets or practices. (b) In case of refusal to test pursuant to (a) above, the chief executive officer or responsible physician or birth attendant or home health agency shall assure that documentation of refusal to test becomes part of the infant's permanent medical record. (c) The chief executive officer or responsible physician or birth attendant or home health agency shall assure that a copy of documentation of refusal to test is forwarded to the testing laboratory. [Source: NJ Administrative Code Title 8. Chapter 19]

NORTH CAROLINA

Statute: '130A-125. (b) Y The rules shall include, but shall not be limited to, the conditions for which screening shall be required, provided that screening shall not be required when the parents or the guardian of the infant object to such screening. If the parents or guardian object to the screening, the objection shall be presented in writing to the physician or other person responsible for administering the test, who shall place the written objection in the infant's medical record. [Source: CHAPTER 130A.]

OREGON

Statute: SECTION 1. (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. [Source: HB3246, 1999]

Rule: 333-020-0130 (1) (c) No newborn child may be refused the Newborn Hearing Screening Testing because of an inability of the parent or guardian to pay for the testing.

333-020-0165(1) A hospital or birthing center directed to provide Newborn Hearing Screening Tests under these Administrative Rules 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. (2) The parent or guardian must sign a statement that the newborn child is being so reared, using the following language: STATEMENT OF RELIGIOUS EXEMPTION

The undersigned parent (or guardian) of states that this child is exempt from testing for detection of hearing loss in that the child is being reared as an adherent to a religion the teachings of which are opposed to such testing.

__________________________(parent's or guardian's signature)______________________(date)

[ Source: Administrative Rule, Division 20, as of Stat. Auth.: 1999 Oregon Laws, Ch. 958Stat. Implemented: 1999 Oregon Laws, Ch. 958]

TENNESSEE

Statute: Section 4. Every newborn infant shall be screened for hearing loss in order to prevent the consequences of unidentified hearing loss unless the parent or parents of the child object on the grounds that the test would conflict with the parent or parents' religious tenets or practices.

[Source: Tennessee Code Annotated, Section 37-3-703; Title 56, Chapter 7,
Part 25 and Title 68, Chapter 5, relative to health screening of children.]

RHODE ISLAND

Statute: Section 3.0 Testing for Hearing Impairments3.1 Pursuant to the provisions of section 23-13-13 of the general laws, every newborn infant in Rhode island shall be screened and evaluated according to the procedures prescribed by the Director, except however if parents of a newborn child object thereto, on the grounds that such tests conflict with their religious tenets and practices. [Source: (R23-13-MET/HRG)]

Rule: Sec. 3. 3.1 ... every newborn infant in Rhode .is land shall be screened and evaluated according to the procedures prescribed by the director, except however if parents of a newborn child object thereto, on the grounds that such tests conflict with their religious tenets and practices. [Source: Rules and Regulations, R23-13-MET/HRG, 1995]

VIRGINIA

Statute: ' 32.1-64.1. H. No testing required to be performed or offered by this section shall be performed if the parents of the infant object to the test based on their bona fide religious convictions. [Source: S 585, 1998]

Rule: 12VAC5-70-30.A. All newborn infants born in the Commonwealth shall be provided newborn screening tests as specified by '32.1-65 of the Code of Virginia, except that such tests shall not be given to any infant whose parents or guardian objects in writing thereto on the grounds that the testing conflicts with his religious practice or tenets. The written objection shall be incorporated into the medical record. [Source: Administrative Code, 12VAC5-70-30, 2001]

WYOMING

Statute: 35-4-801. (c) Informed consent of parents shall be obtained and if any parent or guardian of a child objects to mandatory examination the child is exempt from subsection (a) of this section. [Source: SEA 009, 1999]


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