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Return to State Mandate Summaries by Provision

Mandate Provision: Requires Screening Of
Excerpts from Legislation/Rules & Regulations

ALASKA

Statute: Sec. 2
Subject to the availability of appropriations to implement AS 47.20.300 - 47.20.390, enacted by sec. 6 of this Act, the Department of Health and Social Services shall implement the program required by this Act so that 100 percent of all newborns and infants in the state are being screened for hearing loss by January 1, 2008.

Source: HB 109

ARKANSAS

Statute: Sec 4. (a) After the effective date of this act and promulgation of rules and regulations, every birthing hospital in this state with more than fifty (50) births per year shall provide or arrange for a bilateral physiological hearing screening on each birth admission. [Source: SB 819, 1999]

Rule: Sec.4. Responsibility. Beginning July 1, 200 every birthing hospital in this state with more than fifty (50) births per year shall provide or arrange for a bilateral physiological hearing screening on each birth admission. Hospitals with fifty (50) or fewer births per year which elect to provide bilateral physiological hearing screening are subject to the provisions set forth in these rules and regulations. [Arkansas Code Annotated 20-15-1501]

CALIFORNIA

Statute: Sec.23. 124116.5. (a) (1) YThe department shall begin phasing in implementation of a comprehensive hearing screening program by CCS-approved general acute care hospitals with licensed perinatal services on or after July 1, 1999, and a 100 percent participation shall be achieved by December 31, 2002. [Source: AB2780, 1998]

COLORADO

Statute: Sec. 1. (3)(a) It is the intent of the general assembly that by July 1, 1999, newborn hearing screening be conducted on no fewer than eighty-five percent of the infants born in hospitals, using procedures recommended by the advisory committee on hearing in newborn infants, created in subsection (2) of this section. [Source: HOUSE BILL 97-1095]

CONNECTICUT

Statute: Sec. 9. Section 19a-59 of the general statutes is repealed and the following is substituted in lieu thereof: (a) EACH INSTITUTION, AS DEFINED IN SECTION 19a-490, THAT PROVIDES CHILDBIRTH SERVICE SHALL, NOT LATER THAN JULY 1, 2000, INCLUDE A UNIVERSAL NEWBORN HEARING SCREENING PROGRAM AS PART OF ITS STANDARD OF CARE AND SHALL ESTABLISH A MECHANISM FOR COMPLIANCE REVIEW. [Source: HB 8007, amended in 1999]

DELAWARE

Statute: Sec.1, 804A.
804A. Newborn and Infant Hearing Screening Programs.
As a condition of its licensure, each hospital shall establish a Universal Newborn Hearing Screening (UNHS) program. Each UNHS program shall: (1) provide a hearing screening test for every newborn born in the hospital, for identification of hearing loss, regardless of whether or not the newborn has known risk factors suggesting hearing loss.

Source: HB 205

DISTRICT OF COLUMBIA

Statute: Sec. 3. (a)
(a) Each hospital and maternity center in the District of Columbia shall establish a newborn hearing screening program to ensure that all newborns in the hospital or maternity center are screened for hearing impairment before discharge, subject to the limitations stated in subsection (d) of this section.

Source: A13-0572

FLORIDA

Statute: Sec.1, (3), a) Each licensed hospital or other state-licensed birthing facility that provides maternity and newborn care services shall provide that all newborns are, prior to discharge, screened for the detection of hearing loss, to prevent the consequences of unidentified disorders. [Source: HB 399]

GEORGIA

Statute: Sec. 1. e) It is the intent of the General Assembly that, by July 1 of the second year following the year this Code section first becomes effective, newborn hearing screening be conducted on no fewer than 95 percent of all newborn infants born in hospitals in this state, using procedures established by rule and regulation of the Board of Human Resources after review of any recommendations of the advisory committee on hearing in newborn infants, created in subsection (d) of this Code section. [Source: HB 717]

HAWAII

Statute: 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.

Source: [2001 Amendment]

ILLINOIS

Statute: Section 5. Mandatory hearing screening. By December 31, 2002, all hospitals performing deliveries shall conduct hearing screening of all newborn infants prior to discharge. [Source HB 596, 1999]

INDIANA

Statute: Sec.2. (b) Subject to subsection (c), every infant shall be given a physiologic hearing screening examination at the earliest feasible time for the detection of hearing impairments. [NB1410, 1999]

KANSAS

Statute: Sec. 1 (b) Every child born in the state of Kansas, within three to five days for normal births and five to eight days for premature births following birth, unless a different time period is medically indicated, shall be given a screening examination for detection of significant hearing loss. The screening shall be conducted in accordance with accepted medical practices and in the manner prescribed by the secretary of health and environment. [Source: House Bill No. 2362]

KENTUCKY

Statute: SECTION 11. ... (1) As a condition of licensure or relicensure, all hospitals offering obstetric services and alternative birthing centers with at least forty (40) births per year shall provide an auditory screening for all infants using one (1) of the methods approved by the Early Childhood Development Authority by administrative regulation promulgated in accordance with KRS Chapter 13A. [Source: HB 706, 2000]

LOUISIANA

Statute: '2264. Identification of hearing impairment in infants

A. The office of public health in the Department of Health and Hospitals shall establish, in consultation with the advice of the Louisiana Commission for the Deaf and the advisory council created in R.S. 46:2265, a program for the early identification and follow-up of infants at risk, hearing impaired infants, and infants at risk of developing a progressive hearing impairment. That program shall, at a minimum:

(4) Require for all newborn infants that the hospital of birth or that hospital to which the newborn infant may be transferred provide screening for hearing impairment by auditory brainstem response (ABR) screening, or evoked otoacoustic emissions (EOAE) screening, or any other screening device approved by the office before discharge. [Source: Senate Bill No. 436]

MAINE

Statute: Sec. 3. 22 MRSA c. 1687 is enacted to read: ... '8821. Sec. 3. Screening. By November 1, 2001, newborn hearing screening must be conducted on no less than 85% of newborns born in hospitals in the State on birth admission. [Source: LD 1814, 1999]

MARYLAND

Statute: SECTION 2. 19-308.5.

(A) EACH HOSPITAL THAT PROVIDES OBSTETRICAL SERVICES SHALL ESTABLISH A UNIVERSAL NEWBORN HEARING SCREENING PROGRAM TO ENSURE THAT:

(1) ALL NEWBORNS BORN IN THE HOSPITAL ARE SCREENED FOR HEARING LOSS BEFORE DISCHARGE;

[Source: SB 624, 1999]

MASSACHUSETTS

Statute: Sec. 67F. A hearing screening test shall be performed on all newborn infants in the commonwealth in the birthing hospital or birthing center, or in the hospital from which the newborn infant is discharged to home. [Source: Chapter 243 of the Acts of 1998]

Rules: 130.629 B. Information and Screening Requirements.

2. Each birth hospital and birth center shall ensure that a hearing screening is performed on all newborn infants before the newborn infant is initially discharged to home.

a) If a newborn infant is transferred directly from the birth hospital or birth center to another hospital, the responsibility for screening lies with the hospital from which the infant is initially discharged to home.

b) By the age of three months, an infant shall receive hearing screening. If an infant cannot be screened by the age of three months due to delayed physiological development or physiological instability as a result of illness or premature birth, the infant shall be screened prior to discharge and as early as physiological development or stability will permit reliable screening. [Source: 105CMR130.000/130.629]

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:…

(5) test the newborn's hearing prior to discharge, or, if the newborn is expected to remain in the hospital for a prolonged period, testing shall be performed prior to three months of age, or when medically feasible;Source: HF 1206

MISSISSIPPI

Statute: SECTION 5 (2) To assure the best possible developmental outcomes for infants and toddlers identified through the registration program, the Legislature shall provide fiscal support to the infant and toddler early intervention program of the Department of Health to: ...(b) Procure additional equipment to achieve universal hearing screening of one hundred percent (100%) of live births; ... [Source: HB572, 1997]

MISSOURI

Statute: 191.925. 1. Effective January 1, 2002, every infant born in this state shall be screened for hearing loss in accordance with the provisions of sections 191.225 to 191.937 and section 376.685, RSMo. [Source: Chapter 191, Health and Welfare, Section 191.925]

MONTANA

Statute: Section 2. Statewide universal newborn hearing screening, tracking, and intervention program. (1) There is a universal newborn hearing screening program in the department of public health and human services. The department shall implement the program to encourage a hearing screening test for all newborn infants to undergo for identification of newborn infant hearing loss. The department shall encourage newborn infant hearing tests to be completed before discharge from a hospital or no later than 3 months after birth. [Source: HB 468, 2001]

NEBRASKA

Statute: 71-4742. (1) By December 1, 2003, each birthing facility shall include a hearing screening test as part of its standard of care for newborns and shall establish a mechanism for compliance review. By December 1, 2003, a hearing screening test shall be conducted on no fewer than ninety-five percent of the newborns born in this state. (2) If the number of newborns receiving a hearing screening test does not equal or exceed ninety-five percent of the total number of newborns born in this state on or before December 1, 2003, or falls below ninety-five percent atany time thereafter, the Department of Health and Human Services shall immediately adopt and promulgate rules and regulations implementing a hearing screening program. The hearing screening program shall provide for a hearing screening test that every newborn born in this state shall undergo and shall provide that the hearing screening test be completed during birth admission or, if that is not possible, no later than three months after birth. Notwithstanding this section, it is the goal of this state to achieve a one hundred-percent screening rate. [Source: LB950, 2000]

NEVADA

Statute: Sec. 6. 1. Except as otherwise provided in this section and section 8 of this act, a licensed hospital in this state that provides services for maternity care and the care of newborn children and a licensed obstetric center in this state shall not discharge a newborn child who was born in the facility until the newborn child has undergone a hearing screening for the detection of hearing loss to prevent the consequences of unidentified disorders, or has been referred for such a hearing screening.

Sec. 6. 2. The requirments of subsection 1 do not apply to a hospital in which fewer than 500 childbirths occur annually.

[Source: AB 250, 2001]

NEW JERSEY

Statute: C.26:2-103.3 3. a. The commissioner shall ensure that, effective January 1, 2002, all newborn children in the State shall be screened for hearing loss by an appropriate electrophysiologic screening measure. [Source: Title 26 of the Revised Statutes, Chapter 373]

Rule: 8:19-1.2, (e) Y Beginning January 1, 2002, all newborns, regardless of the presence or absence of an indicator associated with hearing loss, shall have an electrophysiologic hearing screening done prior to one month of age. [Source: NJ Administrative Code Title 8. Chapter 19]

NEW MEXICO

Statute: Section 1. NEWBORN HEARING TESTING REQUIRED--DEPARTMENT OF HEALTH.--By July 1, 2001, the department of health shall adopt rules to require that all infants born in health facilities licensed by the department shall be screened for hearing sensitivity prior to being discharged. The rules shall also require the testing of any newborns brought to licensed health facilities after birth who have not received a hearing sensitivity screening and notification to the parents of all screened infants of the results of the hearing sensitivity screening. [Source: SB 101, 2001]

NEW YORK

Rules: Section 69-8.4 Procedures for Infant Hearing Screening... (a) All infants born in the facility shall receive an initial hearing screening prior to discharge from the facility except as provided in section 69-8.2(c) of this Part.

Section 69-8.2 (c) Facilities with 400 or fewer births annually, based on a three year rolling average, may provide referrals for infants to receive hearing screening from an article 28 facility or a provider licensed under State Education Law and authorized under such law to perform infant hearing screening. (1) Such referrals shall include a prescription issued by the facility, including a request for results of the screening to be returned to that facility, for infants to receive hearing screening from an article 28 facility or a provider licensed under State Education Law and authorized under such law to provide infant hearing screening. (2) Such facilities shall submit screening results returned to the facility by the outpatient provider as required by the Department to determine the effectiveness of referral procedures in ensuring infants are screened for hearing loss. [Source: Chapter II of Title 10 (Health), Subpart 69-8]

NORTH CAROLINA

Statute: Chapter 130A. Public Health.

' 130A-125. Screening of newborns for metabolic and other hereditary and congenital disorders. (a)The Department shall establish and administer a Newborn Screening Program. The program shall include, but shall not be limited to: ...(5) For each newborn, provision of physiological screening in each ear for the presence of permanent hearing loss. [Chapter 130A. Public Health, 1999]

Rule: 15A NCAC 21F.1203 SCREENING REQUIREMENTS. (a) The attending physician shall order that each neonate, born in North Carolina, be physiologically screened in each ear for the presence of permanent hearing loss. Medical facilities that provide birthing or inpatient neonatal services shall maintain the equipment necessary to perform physiologic hearing screenings for neonates prior to discharge home. [Source: 15A NCAC 21F.1201 - .1204 and 15A NCAC 21H.0314 rules, effective 08/01/2000]

OHIO

Statute: Sec.1, Sec. 3701.505, (A)(1)(a)
(A)(1) Each hospital and each freestanding birthing center shall do all of the following:
(a) Conduct a hearing screening on each newborn promptly or infant born in the hospital or center unless the newborn or infant
is transferred to another hospital;

Source: HB 150

OKLAHOMA

Statute: SECTION 1. AMENDATORY 63 O.S. 1991, Section 1-543, is amended to read as follows: Section 1-543. Y B. Every infant born in this state shall be screened for the detection of congenital or acquired hearing loss prior to discharge from the facility where the infant was born. Y If an infant requires emergency transfer to another facility for neonatal care, such screening procedure shall be administered by the receiving facility prior to discharge of the infant. [Source: SB1474, 2000]

OREGON

Statute: 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. [Source: HB3246, 1999]

Rule: 333-020-0130 Requirement for the Testing for Hearing Loss in Newborn Children

(1) (a) In all hospitals or 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 child's date of birth.

333-020-0135 Facility Responsible for Performing the Newborn Hearing Screening Test

(1) Should a newborn child be discharged from a hospital or birthing center with more than 200 live births in a calendar year before the Newborn Hearing Screening Test is performed, it shall be the responsibility of the hospital to arrange for the provision of outpatient screening.

(1) (a) In all hospitals and birthing centers with more than 200 live births in a calendar year, the hospital or birthing center where a baby is born is responsible for assuring that the Newborn Hearing Screening Test is performed on that newborn child within one month of the child's date of birth, except that, for hospitalized children, a physician may defer the timing of the testing if medically indicated.(b) For purposes of this section, in the case of a newborn child admitted to a hospital as a result of transfer from another hospital or birthing center, the hospital from which the child is discharged to home shall be responsible for the performance of the Newborn Hearing Screening Test, if not done prior to transfer. [Source: Administrative Rule, Division 20]

PENNSYLVANIA

Statute: SB No. 100, Sec. 5, (d) AY The program shall be implemented as follows: (1) By July 1, 2003, newborn and infant hearing screening is to be conducted on no fewer than 85% of the live births in health care facilities in this Commonwealth during birth admissions, using procedures recommended by the department's advisory committee...@ [Source: SB No. 100, 2001]

RHODE ISLAND

Statute: 23-13-13 Testing for Hearing Impairments. -It is hereby declared to be the public policy of this state that every newborn infant identified in accordance with guidelines established by the director of the department of health as being at a high risk for hearing impairment shall be evaluated by procedures approved by the state department of health for the detection of hearing impairments, in order to prevent many of the consequences of these disorders. [ General Laws, Chapter 23-13, Section 23-13-13, 1992]

Rule: Section 3.0 Testing for Hearing Impairments. 3.1 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), 1995]

SOUTH CAROLINA

Statute: Section 44-37-40. A. (C)(1) Beginning no later than June 30, 2001, newborn hearing screenings must be conducted during birth admission on all newborns born in hospitals in this State using procedures recommended or approved by the department. However, when a newborn is delivered in a hospital with an average of less than one hundred deliveries a year, the screening is not required, but the parents must begiven the information required pursuant to subsection (C)(3). [Source: 2000 Appropriations B Part II B Section 48]

TENNESSEE

Statute: Section 4: Every newborn infant shall be screened for hearing loss in order to prevent the consequences of unidentified hearing loss…

Section 5: (a) A child born in a hospital or other birthing facility shall be screened for hearing loss prior to discharge from that facility. The attending health care professional shall refer a child born in a setting other than a hospital or other birthing facility to the Department of Health or an appropriate hearing screening provider. A child born on an emergency basis in a hospital that does not otherwise provide obstetrical or maternity services and which does not provide infant hearing screening tests prior to discharge of an infant from the hospital, shall refer a child born in that facility to the Department of Health or an appropriate hearing screening provider.

[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.]

TEXAS

Statute: SECTION 6. (c) Not later than April 1, 2001, each birthing facility [see definition of birthing facility below] that operates a program shall offer the hearing screening during the birth admission in accordance with Section 47.003, Health and Safety Code, as added by this Act. [Source: HB714, 1999]

Rule: RULE '37.502 Definitions

(2) Birthing facility - (A) a hospital licensed under Health and Safety Code, Chapter 241 that offers obstetrical services and is located in a county with a population of more than 50,000;

(B) a birthing center licensed under Health and Safety Code, Chapter 244 that is located in a county with a population of more than 50,000 and that has 100 or more births per year; or

(C) a hospital that offers obstetrical services or a birthing center licensed under Health and Safety Code, Chapter 244:

(i) that participates in the State's medical assistance program; and

(ii) is not otherwise included in paragraphs (2)(A) or (2)(B) of this section but agrees with the department to provide hearing screening services for newborns in compliance with Health and Safety Code, Chapter 47, and accepts a one-time grant from the department for the purchase of newborn hearing screening equipment prior to August 31, 2002.

[Source: Rules (Title 25 - Part 1 - Chapter 37 - Subchapter S Newborn Hearing Screening)]

UTAH

Statute: 26-10-6. Testing of newborn infants. (1) Except as provided in Section 26-23-10, each newborn infant shall be tested for: Y (c) hearing loss. [Source: SB 0040, 1998]

Rule: R3 98-2-3. Implementation. Each newborn in the state of Utah shall submit to the Newborn Hearing Screening testing, except as provided in Section 26-10-6(1).

R398-2-4. Responsibility for Screening

(3) Beginning July 1, 1998, if the newborn is born in an institution with 100 or more births annually, and beginning July 1, 1999, if the newborn is born in an institution with less than 100 births annually, the institution must provide hearing screening services as required by this rule prior to discharge, unless the infant is transferred to another institution before screening is completed.

(4) Beginning July 1, 1998, if the newborn is transferred to another institution before screening is completed, the receiving institution must provide hearing screening services as required by this rule prior to discharge.

(5) Beginning July 1, 1999, if the newborn is born outside of an institution, the person in attendance at the birth must arrange for the infant ' s hearing screening as required by this rule.

(6) Beginning July 1, 1999, if there is no person in attendance at the birth, a parent must have the infant's hearing screened, 'according to Department protocols, by the time he infant is three months of age.

(7) Newborn hearing screening shall be performed by a person who is appropriately trained and supervised, according to rules as may be established by the Newborn Hearing Screening Committee.

[Source: R398-2. Newborn Hearing Screening]

VIRGINIA

Statute: ' 32.1-64.1. D. Beginning on July 1, 2000, the Board shall provide by regulation for the giving of hearing screening tests for all infants born in all hospitals. [Source: S 585, 1998]

Rule: 12VAC5-70-30. Testing. A. General. 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. [Administrative Code, Chapter 70, Section 30]

WEST VIRGINIA

Rules: '16-24-2. Application and Enforcement.2.1. Application. B This rule applies to all infants born in West Virginia and to the health care providers caring for infants at birth. ...

'16-24-4. When Screening is Required.4.1. W.Va. Code '16-22A-1 et seq. requires that all infants born in a licensed health care facility be screened for hearing impairments except when there is no third-party payer for the screening and the parents refuse to have the screening performed, as in W.Va. Code '16-22A-3(c).4.2. When the birth takes place in a licensed health care facility and there is a third-party payer, the health care provider present at the birth shall immediately perform or cause to be performed screening for hearing impairments.4.3. When an infant is born in a non licensed facility, including a home, the health care provider shall inform the parents of the need to obtain the screening within the first month of the infant's life. It shall be the charge of the primary care provider caring for the infant post delivery to refer the infant for testing with a licensed ENT/audiologist.

[Source: 64CSR24 - Title 64 - Legislative Rules - Division of Health - Series 24 - Newborn Hearing Screening]

WISCONSIN

Statute: 253.115 (3) If, by August 5, 2003, the department determines that fewer than 88% of all deliveries in this state are performed in hospitals that have a newborn hearing screening program and so notifies the hospitals, every hospital shall, by January 1, 2004, have a newborn hearing screening program that is available to all infants who are delivered in the hospital. History: 1999 a. 9, 185. [Source: Statutes 253.115 / 253.12; 1999]

WYOMING

Statute: 35-4-801. Screening required for detection of metabolic diseases and hearing defects in newborn children; conduct of screening; exceptions. (a) Every child born in the state of Wyoming, within three (3) to five (5) days for full term children and five (5) to eight (8) days for premature children following birth unless a different time period is medically indicated, shall be given medical examinations for detection of remedial inborn errors of metabolism and for detection of major hearing defects. The screening shall be conducted in accordance with accepted medical practices and in the manner prescribed by the state department of health. [Source: SEA 009, 1999]


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