Senate Bill No. 308–Senators Care, Wiener,
Titus, Carlton, Amodei and Rhoads

 

March 9, 2001

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Joint Sponsor: Assemblywoman Leslie

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Referred to Committee on Human Resources and Facilities

 

SUMMARY—Requires hospitals and obstetric centers to administer hearing tests to infants born in those facilities. (BDR 40‑1036)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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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 a hospital or obstetric center to administer a hearing test to each infant born in the hospital or obstetric center within a certain period; requiring the hospital or obstetric center to submit to the health division of the department of human resources a written report setting forth the results of the hearing tests; requiring the state board of health to establish an advisory committee concerning hearing tests for infants; requiring the health division to prepare and submit annually to the governor a written report concerning hearing tests for infants; 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 6, inclusive, of this act.

1-3    Sec. 2.  1.  Except as otherwise provided in subsection 3, a hospital

1-4  or obstetric center shall administer to each infant born in the hospital or

1-5  obstetric center a test of the hearing of the infant. The hospital or

1-6  obstetric center shall:

1-7    (a) Administer the test within 30 days after the infant is born; and

1-8    (b) Provide the results of the test to the parent or legal guardian of the

1-9  infant within 10 days after the test is administered, including, without

1-10  limitation, a statement of whether the infant has a hearing impairment.

1-11    2.  On or before February 1 of each year, each hospital or obstetric

1-12  center shall submit a written report to the health division. The report

1-13  must include, without limitation:

2-1    (a) The number of infants who were administered hearing tests at the

2-2  hospital or obstetric center during the immediately preceding year and

2-3  the results of those hearing tests;

2-4    (b) The number of infants who were found to have a hearing

2-5  impairment; and

2-6    (c) Any other information required by the health division.

2-7    3.  A hospital or obstetric center shall not:

2-8    (a) Administer a hearing test to an infant pursuant to the provisions of

2-9  this section if, before the test is administered, either parent or the legal

2-10  guardian of the infant submits a written statement to the hospital or

2-11  obstetric center indicating that the parent or legal guardian objects to the

2-12  administration of the test; or

2-13    (b) Refuse to administer such a test solely because the parent or legal

2-14  guardian of the infant is unable to pay for the test.

2-15    Sec. 3.  The state board of health shall establish an advisory

2-16  committee concerning hearing tests for infants. The advisory committee

2-17  shall:

2-18    1.  Provide advice to the health division concerning the duties of the

2-19  health division in carrying out the provisions of sections 2 to 6, inclusive,

2-20  of this act;

2-21    2.  Assist the health division in:

2-22    (a) Providing to each hospital and obstetric center the information

2-23  required pursuant to the provisions of section 4 of this act; and

2-24    (b) Preparing the report required to be submitted to the governor

2-25  pursuant to the provisions of section 5 of this act; and

2-26    3.  Perform any other duty assigned to the advisory committee by the

2-27  health division.

2-28    Sec. 4.  The health division shall provide annually to each hospital

2-29  and obstetric center specified in subsection 1 of section 2 of this act

2-30  information relating to hearing tests for infants. The information must

2-31  be prepared in cooperation with the University of Nevada School of

2-32  Medicine and include, without limitation:

2-33    1.  A statement setting forth the duties of the hospital or obstetric

2-34  center pursuant to the provisions of sections 2 to 6, inclusive, of this act;

2-35    2.  A list of the facilities in this state that provide services relating to

2-36  hearing tests for infants, including the geographic areas served by those

2-37  facilities; and

2-38    3.  Any other information concerning hearing tests for infants

2-39  deemed appropriate by the health division.

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

2-41  governor a written report relating to hearing tests for infants. The written

2-42  report must include, without limitation:

2-43    1.  A summary of the results of hearing tests administered to infants

2-44  and any other information submitted to the health division by a hospital

2-45  or obstetric center for the immediately preceding year pursuant to the

2-46  provisions of section 2 of this act;

2-47    2.  An analysis of the effectiveness of the provisions of sections 2 to 6,

2-48  inclusive, of this act in identifying loss of hearing in infants; and

3-1    3.  Any recommendations for legislation relating to hearing tests

3-2  administered to infants pursuant to the provisions of sections 2 to 6,

3-3  inclusive, of this act.

3-4    Sec. 6.  The state board of health may adopt regulations to carry out

3-5  the provisions of sections 2 to 6, inclusive, of this act.

3-6    Sec. 7.  NRS 442.003 is hereby amended to read as follows:

3-7    442.003  As used in this chapter, unless the context requires otherwise:

3-8    1.  “Advisory board” means the advisory board on maternal and child

3-9  health.

3-10    2.  “Department” means the department of human resources.

3-11    3.  “Director” means the director of the department of human resources.

3-12    4.  “Fetal alcohol syndrome” includes fetal alcohol effects.

3-13    5.  “Health division” means the health division of the department of

3-14  human resources.

3-15    6.  “Hearing impairment” means a loss of hearing of 30 decibels or

3-16  greater in the range of frequencies necessary for speech recognition and

3-17  comprehension in one or both ears, as set forth in the most current

3-18  guidelines by the American Speech-Hearing Association.

3-19    7.  “Hospital” has the meaning ascribed to it in NRS 449.012.

3-20    8. “Obstetric center” has the meaning ascribed to it in NRS 449.0155.

3-21    [7.] 9. “Provider of health care or other services” means:

3-22    (a) A person who has been certified as a counselor or an administrator

3-23  of an alcohol and drug abuse program pursuant to chapter 458 of NRS;

3-24    (b) A physician or a physician’s assistant who is licensed pursuant to

3-25  chapter 630 of NRS and who practices in the area of obstetrics and

3-26  gynecology, family practice, internal medicine, pediatrics or psychiatry;

3-27    (c) A licensed nurse;

3-28    (d) A licensed psychologist;

3-29    (e) A licensed marriage and family therapist;

3-30    (f) A licensed social worker; or

3-31    (g) A holder of a certificate of registration as a pharmacist.

3-32    Sec. 8.  NRS 442.325 is hereby amended to read as follows:

3-33    442.325  1.  Except as otherwise provided in subsection 2, the chief

3-34  administrative officer of each hospital and obstetric center or his

3-35  representative shall:

3-36    (a) Prepare and make available to the state health officer or his

3-37  representative a list of:

3-38      (1) Patients who are under 7 years of age and have been diagnosed

3-39  with one or more birth defects; and

3-40      (2) Patients discharged with adverse birth outcomes; and

3-41    (b) Make available to the state health officer or his representative the

3-42  records of the hospital or obstetric center regarding:

3-43      (1) Patients who are under 7 years of age and have been diagnosed

3-44  with one or more birth defects; and

3-45      (2) Patients discharged with adverse birth outcomes.

3-46    2.  The name of a patient must be excluded from the information

3-47  prepared and made available pursuant to subsection 1 if the patient or, if

3-48  the patient is a minor, a parent or legal guardian of the patient has

3-49  requested in writing to exclude the name of the patient from that

4-1  information in the manner prescribed by the state board of health pursuant

4-2  to NRS 442.320. The provisions of this subsection do not relieve the chief

4-3  administrative officer of the duty of preparing and making available the

4-4  information required by subsection 1.

4-5    3.  The state health officer or his representative shall abstract from the

4-6  records and lists required to be prepared and made available pursuant to

4-7  this section such information as is required by the state board of health for

4-8  inclusion in the system.

4-9    [4.  As used in this section, “hospital” has the meaning ascribed to it in

4-10  NRS 449.012.]

4-11    Sec. 9.  This act becomes effective upon passage and approval for the

4-12  purpose of adopting regulations by the state board of health to carry out the

4-13  provisions of sections 2 to 6, inclusive, of this act and on January 1, 2002,

4-14  for all other purposes.

 

4-15  H