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

Mandate Provision: Informed Consent by Parents
 
Excerpts from Legislation/Rules & Regulations

CALIFORNIA

Statute: Sec.23. 124120.5. A newborn hearing screening test shall not be performed without the written consent of the parent. [Source: AB2780, 1998]

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

KANSAS

Statute: Sec.1 (c) Informed consent of parents shall be obtained and if any parent or guardian of a child objects to the mandatory examination for detection of significant hearing loss the child is exempt from subsection (b) of this section. [Source: House Bill No. 2362]

MINNESOTA

Statute: Sec.2, Subd.3.
Subd. 3. Newborn and infant hearing screening programs. All hospitals shall establish a Universal Newborn Hearing and Infant Screening (UNHS) program. Each UNHS program shall:   
 (1) in advance of any hearing screening testing, provide to the newborn's or infant's parents or parent information concerning the nature of the screening procedure, applicable costs of the screening procedure, the potential risks and effects of hearing loss, and the
benefits of early detection and intervention;
 (2) comply with parental consent under section 144.125, subdivision 3;

Source: HF 1206

NEW JERSEY

Statute: 8:19-2.12 ... (g) The hospital nursery, including neonatal intensive care units, and birthing centers shall assure that the newborn's parent, legal guardian or custodian is informed of the purpose and need for newborn hearing screening, shall obtain consent from the parent, legal guardian or custodian and shall document consent by obtaining the legal guardian's or custodian's signature on Module 6 of the EBC. [Source: NJ Administrative Code Title 8. Chapter 19]

TEXAS

Statute: Sec. 47.007. INFORMATION MANAGEMENT, REPORTING, AND TRACKING SYSTEM. (c) The department shall ensure that the written consent of a parent is obtained before any information individually identifying the newborn or infant is released through the information management, reporting, and tracking system. [Source: HB714, 1999]

Rule: '37.511 a) The birthing facility shall obtain a statement of consent from the parent, guardian, or managing conservator if individually identifying information for newborns tested under this chapter is disclosed to the department or its designee.

(b) All primary referral sources identified in '621.45 of this title (relating to Primary Referral Requirements) shall provide information concerning children diagnosed with hearing loss to the Interagency Council on Early Childhood Intervention.

(c) The department shall prepare appropriate language for consent forms for disclosing individually identifying information and shall make samples available to birthing facilities.

(d) At any time a parent may request in writing that individually identifying information concerning his or her child be removed from the department's newborn hearing screening system by contacting the Texas Department of Health, Audiology Services Program, 1100 West 49th Street, Austin, Texas, 78756. The department shall act on any request in a timely manner. [Source: TITLE 25, PART 1, CHAPTER 37, SUBCHAPTER S, RULE 37.511]

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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