S.B. 40

1

NEWBORN HEARING SCREENING
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Craig A. Peterson
5 AN ACT RELATING TO HEALTH; REQUIRING THE TESTING OF NEWBORN INFANTS
6 FOR HEARING LOSS; CREATING A HEALTH DEPARTMENT ADVISORY
7 COMMITTEE; AND PROVIDING AN EFFECTIVE DATE.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 26-10-6, as enacted by Chapter 126, Laws of Utah 1981
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 26-10-6 is amended to read:
13 26-10-6. Testing of newborn infants.
14 (1) [The department shall establish rules requiring] Except S [as provided in Section
15 26-23-10,] IN THE CASE WHERE PARENTS OBJECT ON THE GROUNDS THAT THEY ARE MEMBERS
15a OF A SPECIFIED, WELL RECOGNIZED RELIGIOUS ORGANIZATION WHOSE TEACHINGS ARE
15b CONTRARY TO THE TESTS REQUIRED BY THIS SECTION, s each newborn infant [to] shall be tested
15c for [the presence of]:
16 (a) phenylketonuria (PKU) [and];
17 (b) other metabolic diseases which may result in mental retardation or brain damage and
18 for which:
19 (i) a preventive measure or treatment is available; and [for which]
20 (ii) there exists a reliable laboratory diagnostic test method [has been found reliable. The
21 department may charge a fee for such tests, sufficient to cover costs for laboratory analysis and
22 follow-up. Such fees shall be handled in accordance with Section 26-1-6. The provisions of this
23 section shall not apply to any infant whose parents object thereto on the grounds that they are
Text Box

Amend on 2_goldenrod February 3, 1998 24 members of a specified, well recognized religious organization whose teachings are contrary to
25 such tests.]; and
26 (c) S (i) BEGINNING JULY 1, 1998, FOR AN INFANT BORN IN A HOSPITAL WITH 100 OR MORE
26a LIVE BIRTHS ANNUALLY , s hearing loss S ; AND
26b (ii) BEGINNING JULY 1, 1999, FOR AN INFANT BORN IN A SETTING OTHER THAN A HOSPITAL
26c WITH 100 OR MORE LIVE BIRTHS ANNUALLY, HEARING LOSS s .
27 (2) In accordance with Section 26-1-6, the department may charge fees for:

Text Box

Amend on 2_goldenrod February 3, 1998 - 1a -

1 (a) materials supplied by the department to conduct tests required under Subsection (1);
2 (b) tests required under Subsection (1) conducted by the department;
3 (c) laboratory analyses by the department of tests conducted under Subsection (1); and
4 (d) the administrative cost of follow-up contacts with the parents or guardians of tested
5 infants.
6 (3) Tests for hearing loss under Subsection (1) shall be based on one or more methods
7 approved by the Newborn Hearing Screening Committee, including:
8 (a) auditory brainstem response;
9 (b) automated auditory brainstem response; and
10 (c) evoked otoacoustic emissions.
11 (4) S [ (a) ] s Results of tests for hearing loss under Subsection (1) shall be reported to S : [the
12 department.
13 (b) The department shall notify parents ] (a) PARENTS s when results of tests for hearing
13a loss under
14 Subsection (1) suggest that additional diagnostic procedures or medical interventions are
15 necessary S ; AND
15a (b) THE DEPARTMENT s .
16 (5) (a) There is established the Newborn Hearing Screening Committee.
17 (b) The committee shall advise the department on:
18 (i) the validity and cost of newborn infant hearing loss testing procedures; and
19 (ii) rules promulgated by the department to implement this section.
20 (c) The committee shall be composed of at least 11 members appointed by the executive
21 director, including:
22 (i) one representative of the health insurance industry;
23 (ii) one pediatrician;
24 (iii) one family practitioner;
25 (iv) one ear, nose, and throat specialist nominated by the Utah Medical Association;
26 (v) two audiologists nominated by the Utah Speech-Language-Hearing Association;
27 (vi) one representative of hospital neonatal nurseries;
28 (vii) one representative of the Early Intervention Baby Watch Program administered by
29 the department;
30 (viii) one public health nurse;
Text Box

Amended on 3_February 5, 1998

Amend on 2_goldenrod February 3, 1998 31 (ix) one consumer; and

- 2 -

1 (x) the executive director or his designee.
2 (d) Of the initial members of the committee, the executive director shall appoint as nearly
3 as possible 1/2 to two-year terms and 1/2 to four-year terms. Thereafter, appointments shall be for
4 four-year terms except:
5 (i) for those members who have been appointed to complete an unexpired term; and
6 (ii) as necessary to ensure that as nearly as possible the terms of 1/2 the appointments
7 expire every two years.
8 (e) A majority of the members constitute a quorum and a vote of the majority of the
9 members present constitutes an action of the committee.
10 (f) The committee shall appoint a chairman from its membership.
11 (g) The committee shall meet at least quarterly.
12 (h) (i) (A) Members who are not government employees shall receive no compensation
13 or benefits for their services, but may receive per diem and expenses incurred in the performance
14 of the member's official duties at the rates established by the Division of Finance under Sections
15 63A-3-106 and 63A-3-107.
16 (B) Members may decline to receive per diem and expenses for their service.
17 (ii) (A) State government officer and employee members who do not receive salary, per
18 diem, or expenses from their agency for their service may receive per diem and expenses incurred
19 in the performance of their official duties from the committee at the rates established by the
20 Division of Finance under Sections 63A-3-106 and 63A-3-107.
21 (B) State government officer and employee members may decline to receive per diem and
22 expenses for their service.
23 (i) The department shall provide staff for the committee.
24 Section 2. Effective date.
25 This act takes effect on July 1, 1998.


- 3 -

Legislative Review Note
as of 1-21-98 2:05 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

- 4 -