Chief Sponsor: Derrin Owens     

Senate Sponsor: ____________


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:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
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
27     ENACTS:

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, [each] a newborn infant shall be tested for:
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;
42     and
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) [beginning October 1, 2014,] critical congenital heart defects using pulse oximetry.
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
51     infants.
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 [under] described in Subsection (1) shall be
58     reported to:

59          [(a) parents when results of tests for hearing loss under Subsection (1) suggest that
60     additional diagnostic procedures or medical interventions are necessary; and]
61          [(b)] (a) the department[.]; and
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 [11] 12 members appointed by the
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; [and]
82          (x) the executive director or [his] the executive director's designee[.]; and
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
100     63A-3-107.
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
108     units.
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
111     Blind.
112          (1) Except as provided in Subsections (3) [and], (4), and (5), a person is eligible to
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
144     nonresident.
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.
147          [(5) (a) The board shall make rules in accordance with this chapter and]
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[.]; and

152          (b) [The board] may make rules to allow a resident of Utah who is neither deaf, blind,
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