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Oregon Summary of Universal Newborn Hearing Screening Legislation
Issue Excerpts from Legislation/Rules & Regulations
Year Passed 1999 HB3246 (Year 1999)
Full
Implementation by:
July 1, 2000 Statute: SECTION 4. Sections 1 and 2 of this 1999 Act do not become operative until July 1, 2000.
[Source: HB3246 (Year 1999)]
Requires
Screening of:
Hospitals
>200 births
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

Advisory Committee
Established?
Yes Statute: 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.

Source: HB3246, 1999

Rule: 33-020-0160 The Division shall appoint an Advisory Committee to: (1) Provide advice on the implementation of newborn hearing screening as defined by OAR 333-020-125 through 333-020-0165. (2) Provide assistance in the preparation of a report to the Legislative Assembly on the status of the newborn hearing screening 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.

Source: Administrative rule, division 20, as of Stat. Auth.: 1999 Oregon Laws, Ch. 958, Stat. Implemented: 1999 Oregon Laws, Ch. 958

Covered Benefit of Health Insurance?    
Report to
State DOH
Yes Statute: 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.

Source: HB3246, 1999

Rule: 333-020-0150The Division shall collect information on newborn hearing screening tests, as follows: (1) (a) Each hospital or birthing center conducting newborn hearing screening shall report to the Division the number of children tested and the number of children with abnormal results. (b) This information shall be submitted on an annual basis, no later than August 1 and covering the period July 1 through June 30.(2) (a) Each educational institution providing early intervention services to deaf or hard-of-hearing children shall report to the Division the number of children under three years of age at time of initial enrollment and who were initially enrolled during the period July 1 through June 30 and who have a diagnosed hearing loss and who received early intervention services, and the average age in months at the time of initial enrollment. (b) This information shall be submitted on an annual basis, no later than August 1 and covering the period July 1 through June 30.

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

Provision of
Educational
Materials?
Yes Statute: SECTION 1. (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

Informed Consent by Parents?    
Liability Immunity?    
Parental Objection Exclusion? Yes  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. 958 Stat. Implemented: 1999 Oregon Laws, Ch. 958


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