7 LONG TITLE
8 General Description:
9 This bill amends provisions related to early intervention for hearing loss.
10 Highlighted Provisions:
11 This bill:
12 ▸ requires a medical provider to report results of newborn tests for hearing loss to the
13 Utah Schools for the Deaf and the Blind;
14 ▸ requires that the Newborn Hearing Screening Committee include a representative
15 from the Utah Schools for the Deaf and the Blind;
16 ▸ requires the Utah Schools for the Deaf and the Blind to provide early intervention
17 educational services to certain children; and
18 ▸ makes technical and conforming changes.
19 Money Appropriated in this Bill:
21 Other Special Clauses:
23 Utah Code Sections Affected:
25 26-10-6, as last amended by Laws of Utah 2013, Chapter 132
26 53A-25b-301, as enacted by Laws of Utah 2009, Chapter 294
28 53A-25b-308, Utah Code Annotated 1953
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 26-10-6 is amended to read:
32 26-10-6. Testing of newborn infants.
33 (1) Except in the case where parents object on the grounds that they are members of a
34 specified, well-recognized religious organization whose teachings are contrary to the tests
35 required by this section, [
36 (a) phenylketonuria (PKU);
37 (b) other heritable disorders which may result in an intellectual or physical disability or
38 death and for which:
39 (i) a preventive measure or treatment is available; and
40 (ii) there exists a reliable laboratory diagnostic test method;
41 (c) (i) an infant born in a hospital with 100 or more live births annually, hearing loss;
43 (ii) an infant born in a setting other than a hospital with 100 or more live births
44 annually, hearing loss; and
45 (d) [
46 (2) In accordance with Section 26-1-6, the department may charge fees for:
47 (a) materials supplied by the department to conduct tests required under Subsection (1);
48 (b) tests required under Subsection (1) conducted by the department;
49 (c) laboratory analyses by the department of tests conducted under Subsection (1); and
50 (d) the administrative cost of follow-up contacts with the parents or guardians of tested
52 (3) Tests for hearing loss under Subsection (1) shall be based on one or more methods
53 approved by the Newborn Hearing Screening Committee, including:
54 (a) auditory brainstem response;
55 (b) automated auditory brainstem response; and
56 (c) evoked otoacoustic emissions.
57 (4) Results of tests for hearing loss [
58 reported to:
62 (b) when results of tests for hearing loss under Subsection (1) suggest that additional
63 diagnostic procedures or medical interventions are necessary:
64 (i) a parent or guardian of the infant; and
65 (ii) the Utah Schools for the Deaf and the Blind, created in Section 53A-25b-103.
66 (5) (a) There is established the Newborn Hearing Screening Committee.
67 (b) The committee shall advise the department on:
68 (i) the validity and cost of newborn infant hearing loss testing procedures; and
69 (ii) rules promulgated by the department to implement this section.
70 (c) The committee shall be composed of at least [
71 executive director, including:
72 (i) one representative of the health insurance industry;
73 (ii) one pediatrician;
74 (iii) one family practitioner;
75 (iv) one ear, nose, and throat specialist nominated by the Utah Medical Association;
76 (v) two audiologists nominated by the Utah Speech-Language-Hearing Association;
77 (vi) one representative of hospital neonatal nurseries;
78 (vii) one representative of the Early Intervention Baby Watch Program administered by
79 the department;
80 (viii) one public health nurse;
81 (ix) one consumer; [
82 (x) the executive director or [
83 (xi) the superintendent of the Utah Schools for the Deaf and the Blind or the
84 superintendent's designee.
85 (d) Of the initial members of the committee, the executive director shall appoint as
86 nearly as possible half to two-year terms and half to four-year terms. Thereafter, appointments
87 shall be for four-year terms except:
88 (i) for those members who have been appointed to complete an unexpired term; and
89 (ii) as necessary to ensure that as nearly as possible the terms of half the appointments
90 expire every two years.
91 (e) A majority of the members constitute a quorum and a vote of the majority of the
92 members present constitutes an action of the committee.
93 (f) The committee shall appoint a chairman from its membership.
94 (g) The committee shall meet at least quarterly.
95 (h) A member may not receive compensation or benefits for the member's service, but
96 may receive per diem and travel expenses in accordance with:
97 (i) Section 63A-3-106;
98 (ii) Section 63A-3-107; and
99 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
101 (i) The department shall provide staff for the committee.
102 (6) Prior to implementing the test required by Subsection (1)(d), the department shall
103 conduct a pilot program for testing newborns for critical congenital heart defects using pulse
104 oximetry. The pilot program shall include the development of:
105 (a) appropriate oxygen saturation levels that would indicate a need for further medical
106 follow-up; and
107 (b) the best methods for implementing the pulse oximetry screening in newborn care
109 Section 2. Section 53A-25b-301 is amended to read:
110 53A-25b-301. Eligibility for services of the Utah Schools for the Deaf and the
112 (1) Except as provided in Subsections (3) [
113 receive services of the Utah Schools for the Deaf and the Blind if the person is:
114 (a) a resident of Utah;
115 (b) younger than 22 years of age;
116 (c) referred to the Utah Schools for the Deaf and the Blind by the person's school
117 district of residence or a local early intervention program; and
118 (d) identified as deaf, blind, or deafblind through:
119 (i) the special education eligibility determination process; or
120 (ii) the Section 504 eligibility determination process.
121 (2) (a) In diagnosing a person younger than age three who is deafblind, the following
122 information may be used:
123 (i) opthalmological and audiological documentation;
124 (ii) functional vision or hearing assessments and evaluations; or
125 (iii) informed clinical opinion conducted by a person with expertise in deafness,
126 blindness, or deafblindness.
127 (b) Informed clinical opinion shall be:
128 (i) included in the determination of eligibility when documentation is incomplete or not
129 conclusive; and
130 (ii) based on pertinent records related to the person's current health status and medical
131 history, an evaluation and observations of the person's level of sensory functioning, and the
132 needs of the family.
133 (3) (a) A student who qualifies for special education shall have services and placement
134 determinations made through the IEP process.
135 (b) A student who qualifies for accommodations under Section 504 shall have services
136 and placement determinations made through the Section 504 team process.
137 (c) A parent or legal guardian of a child who is deaf, blind, or deafblind shall make the
138 final decision regarding placement of the child in a Utah Schools for the Deaf and the Blind
139 program or in a school district or charter school program subject to special education federal
140 regulations regarding due process.
141 (4) (a) A nonresident may receive services of the Utah Schools for the Deaf and the
142 Blind in accordance with rules of the board.
143 (b) The rules shall require the payment of tuition for services provided to a
145 (5) An individual is eligible to receive services from the Utah Schools for the Deaf and
146 the Blind under circumstances described in Section 53A-25b-308.
148 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
149 this chapter, the board:
150 (a) shall make rules that determine the eligibility of students to be served by the Utah
151 Schools for the Deaf and the Blind[
152 (b) [
153 nor deafblind to receive services of the Utah Schools for the Deaf and the Blind if the student:
154 (i) is younger than 22 years of age and has an IEP; or
155 (ii) is younger than 19 years of age.
156 Section 3. Section 53A-25b-308 is enacted to read:
157 53A-25b-308. Early intervention services.
158 (1) Subject to Subsection (2), the Utah Schools for the Deaf and the Blind shall, after
159 receiving notification of results of a test for hearing loss from a medical provider under Section
160 26-10-6, provide early intervention educational services for an individual:
161 (a) who has been tested for hearing loss, by a medical provider, in accordance with
162 Section 26-10-6; and
163 (b) whose results of the test for hearing loss suggest that additional diagnostic
164 procedures or medical interventions are necessary.
165 (2) The Utah Schools for the Deaf and the Blind may not provide services described in
166 Subsection (1) until after receiving permission to provide the services from the individual's
167 parent or guardian.
168 (3) The Utah Schools for the Deaf and the Blind shall provide the early intervention
169 services described in Subsection (1) for the individual until the individual reaches age three.
Legislative Review Note
Office of Legislative Research and General Counsel