Section 191.925

Title XII PUBLIC HEALTH AND WELFARE

Chapter 191

Effective - 28 Aug 2002   

  191.925.  Screening for hearing loss, infants, when — procedures used — exemptions — information provided, by whom — no liability, when. — 1.  Effective January 1, 2002, every infant born in this state shall be screened for hearing loss in accordance with the provisions of sections 191.925 to 191.937 and section 376.1220.

  2.  The screening procedure shall include the use of at least one of the following physiological technologies:

  (1)  Automated or diagnostic auditory brainstem response (ABR);

  (2)  Otoacoustic emissions (OAE); or

  (3)  Other technologies approved by the department of health and senior services.

  3.  Every newborn delivered on or after January 1, 2002, in an ambulatory surgical center or hospital shall be screened for hearing loss prior to discharge of the infant from the facility.  Any facility that transfers a newborn for further acute care prior to completion of the newborn hearing screening shall notify the receiving facility of the status of the newborn hearing screening.  The receiving facility shall be responsible for the completion of the newborn hearing screening.  Such facilities shall report the screening results on all newborns to the parents or guardian of the newborn, and the department of health and senior services in a manner prescribed by the department.

  4.  If a newborn is delivered in a place other than the facilities listed in subsection 3 of this section, the physician or person who professionally undertakes the pediatric care of the infant shall ensure that the newborn hearing screening is performed within three months of the date of the infant's birth.  Such physicians and persons shall report the screening results on all newborns to the parents or guardian of the newborn, and the department of health and senior services in a manner prescribed by the department.

  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 the written refusal and make such refusal part of the 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.

  7.  The physician or person who professionally undertakes the pediatric care of the newborn, and administrators of ambulatory surgical centers or hospitals shall provide to the parents or guardians of newborns a written packet of educational information developed and supplied by the department of health and senior services describing the screening, how it is conducted, the nature of the hearing loss, and the possible consequences of treatment and nontreatment for hearing loss prior to administering the screening.

  8.  All facilities or persons described in subsections 3 and 4 of this section who voluntarily provide hearing screening to newborns prior to January 1, 2002, shall report such screening results to the department of health and senior services in a manner prescribed by the department.

  9.  All facilities or persons described in subsections 3 and 4 of this section shall provide the parents or guardians of newborns who fail the hearing screening with educational materials that:

  (1)  Communicate the importance of obtaining further hearing screening or diagnostic audiological assessment to confirm or rule out hearing loss;

  (2)  Identify community resources available to provide rescreening and diagnostic audiological assessments; and

  (3)  Provide other information as prescribed by the department of health and senior services.

  10.  Any person who acts in good faith in complying with the provisions of this section by reporting the newborn hearing screening results to the department of health and senior services shall not be civilly or criminally liable for furnishing the information required by this section.

  11.  The department of health and senior services shall provide audiological and administrative technical support to facilities and persons implementing the requirements of this section, including, but not limited to, assistance in:

  (1)  Selecting state-of-the-art newborn hearing screening equipment;

  (2)  Developing and implementing newborn hearing screening procedures that result in appropriate failure rates;

  (3)  Developing and implementing training for individuals administering screening procedures;

  (4)  Developing and distributing educational materials for families;

  (5)  Identifying community resources for delivery of rescreening and pediatric audiological assessment services; and

  (6)  Implementing reporting requirements.

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Such audiological technical support shall be provided by individuals qualified to administer newborn and infant hearing screening, rescreening and diagnostic audiological assessment.

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(L. 1999 H.B. 401 § 191.250, A.L. 2002 H.B. 1548 merged with S.B. 923, et al. merged with S.B. 1244)