exempt

                            (REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 250–Assemblymen Leslie, McClain, Manendo, Anderson, Freeman, Koivisto, Parnell, Smith, Tiffany and Williams

 

February 28, 2001

____________

 

Joint Sponsor: Senator Care

____________

 

Referred to Committee on Health and Human Services

 

SUMMARY—Requires screening of certain newborn children for hearing impairments. (BDR 40‑155)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to health care; requiring hearing screenings for newborn children unless objected to in writing by the parent or legal guardian of the newborn child; establishing the duties of hospitals and obstetric centers concerning the provision of hearing screenings; requiring the state board of health to adopt certain regulations; requiring the health division of the department of human resources to create brochures concerning hearing screenings of newborn children for distribution to the parents and legal guardians of newborn children; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 442 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 to 11, inclusive, of this act.

1-3    Sec. 2.  As used in sections 2 to 11, inclusive, of this act, unless the

1-4  context otherwise requires, the words and terms defined in sections 3, 4

1-5  and 5 of this act have the meanings ascribed to them in those sections.

1-6    Sec. 3.  “Hearing screening” means a test or battery of tests

1-7  administered to determine the need for an in-depth hearing diagnostic

1-8  evaluation.

1-9    Sec. 4.  “Hospital” has the meaning ascribed to it in NRS 449.012.

1-10    Sec. 5.  “Provider of hearing screenings” means a health care

1-11  provider who, within the scope of his license or certificate, provides for

1-12  hearing screenings of newborn children in accordance with sections 2 to

1-13  11, inclusive, of this act. The term includes a licensed audiologist, a

2-1  licensed physician or an appropriately supervised person who has

2-2  documentation that demonstrates to the state board of health that he has

2-3  completed training specifically for conducting hearing screenings of

2-4  newborn children.

2-5    Sec. 6.  1.  Except as otherwise provided in this section and section

2-6  8 of this act, a licensed hospital in this state that provides services for

2-7  maternity care and the care of newborn children and a licensed obstetric

2-8  center in this state shall not discharge a newborn child who was born in

2-9  the facility until the newborn child has undergone a hearing screening

2-10  for the detection of hearing loss to prevent the consequences of

2-11  unidentified disorders.

2-12    2.  The requirmenets of subsection 1 do not apply to a hospital in

2-13  which fewer than 500 childbirths occur annually.

2-14    3.  The state board of health shall adopt such regulations as are

2-15  necessary to carry out the provisions of sections 2 to 11, inclusive, of this

2-16  act.

2-17    Sec. 7.  1.  A hearing screening required by section 6 of this act

2-18  must be conducted by a provider of hearing screenings.

2-19    2.  A licensed hospital and a licensed obstetric center shall hire,

2-20  contract with or enter into a written memorandum of understanding with

2-21  a provider of hearing screenings to:

2-22    (a) Conduct a program for hearing screenings on newborn children in

2-23  accordance with sections 2 to 11, inclusive, of this act;

2-24    (b) Provide appropriate training for the staff of the hospital or

2-25  obstetric center;

2-26    (c) Render appropriate recommendations concerning the program for

2-27  hearing screenings; and

2-28    (d) Coordinate appropriate follow-up services.

2-29    3.  Not later than 24 hours after a hearing screening is conducted on

2-30  a newborn child, appropriate documentation concerning the hearing

2-31  screening, including, without limitation, results, interpretations and

2-32  recommendations, must be placed in the medical file of the newborn

2-33  child.

2-34    4.  A licensed hospital and a licensed obstetric center shall annually

2-35  prepare and submit to the health division a written report concerning

2-36  hearing screenings of newborn children in accordance with regulations

2-37  adopted by the state board of health. The report must include, without

2-38  limitation, the number of newborn children screened and the results of

2-39  the screenings.

2-40    5.  The health division shall annually prepare and submit to the

2-41  governor a written report relating to hearing tests for newborn children.

2-42  The written report must include, without limitation:

2-43    (a) A summary of the results of hearing screenings administered to

2-44  newborn children and any other related information submitted in

2-45  accordance with the regulations of the state board of health;

2-46    (b) An analysis of the effectiveness of the provisions of sections 2 to

2-47  11, inclusive, of this act in identifying loss of hearing in newborn

2-48  children; and

2-49    (c) Any related recommendations for legislation.

3-1    Sec. 8.  A newborn child may be discharged from the licensed

3-2  hospital or obstetric center in which he was born without having

3-3  undergone a required hearing screening or having been referred for a

3-4  hearing screening if a parent or legal guardian of the newborn child

3-5  objects in writing to the hearing screening. The hospital or obstetric

3-6  center shall place the written objection of the parent or legal guardian to

3-7  the hearing screening in the medical file of the newborn child.

3-8    Sec. 9.  If a hearing screening conducted pursuant to section 6 of

3-9  this act indicates that a newborn child may have a hearing loss, the

3-10  physician attending to the newborn child shall recommend to the parent

3-11  or legal guardian of the newborn child that the newborn child receive an

3-12  in-depth hearing diagnostic evaluation.

3-13    Sec. 10.  A licensed hospital and a licensed obstetric center shall

3-14  formally designate a lead physician or audiologist to be responsible for:

3-15    1.  The administration of the program for conducting hearing

3-16  screenings of newborn children; and

3-17    2.  Monitoring the scoring and interpretation of the test results of the

3-18  hearing screenings.

3-19    Sec. 11.  1.  The health division shall create written brochures that

3-20  use terms which are easily understandable to a parent or legal guardian

3-21  of a newborn child and include, without limitation:

3-22    (a) Information concerning the importance of screening the hearing

3-23  of a newborn child; and

3-24    (b) A description of the normal development of auditory processes,

3-25  speech and language in children.

3-26    2.  The health division shall provide the brochures created pursuant

3-27  to subsection 1 to each licensed hospital and each licensed obstetric

3-28  center in this state. These facilities shall provide the brochures to the

3-29  parents or legal guardians of a newborn child.

3-30    Sec. 12.  The provisions of subsection 1 of NRS 354.599 do not apply

3-31  to any additional expenses of a local government that are related to the

3-32  provisions of this act.

3-33    Sec. 13.  The state board of health shall adopt regulations to carry out

3-34  the provisions of this act by January 1, 2002.

3-35    Sec. 14.  1.  This section becomes effective on July 1, 2001.

3-36    2.  Sections 1 to 13, inclusive, of this act become effective:

3-37    (a) On July 1, 2001, for the purpose of adopting regulations by the state

3-38  board of health to carry out the provisions of this act; and

3-39    (b) On January 1, 2002, for all other purposes.

 

3-40  H