Chief Sponsor: Derrin R. Owens

Senate Sponsor: Howard A. Stephenson


9     General Description:
10          This bill amends provisions related to educational services for an individual with a
11     hearing loss.
12     Highlighted Provisions:
13          This bill:
14          ▸     requires reporting results of a test for hearing loss to the Utah Schools for the Deaf
15     and the Blind and an early intervention program under certain circumstances;
16          ▸     requires the Utah Schools for the Deaf and the Blind to provide educational services
17     to certain individuals; 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          26-10-12, Utah Code Annotated 1953
29          53A-25b-308, Utah Code Annotated 1953


31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 26-10-6 is amended to read:
33          26-10-6. Testing of newborn infants.
34          (1) Except in the case where parents object on the grounds that they are members of a
35     specified, well-recognized religious organization whose teachings are contrary to the tests
36     required by this section, [each] a newborn infant shall be tested for:
37          (a) phenylketonuria (PKU);
38          (b) other heritable disorders which may result in an intellectual or physical disability or
39     death and for which:
40          (i) a preventive measure or treatment is available; and
41          (ii) there exists a reliable laboratory diagnostic test method;
42          (c) (i) an infant born in a hospital with 100 or more live births annually, hearing loss;
43     and
44          (ii) an infant born in a setting other than a hospital with 100 or more live births
45     annually, hearing loss; and
46          (d) [beginning October 1, 2014,] critical congenital heart defects using pulse oximetry.
47          (2) In accordance with Section 26-1-6, the department may charge fees for:
48          (a) materials supplied by the department to conduct tests required under Subsection (1);
49          (b) tests required under Subsection (1) conducted by the department;
50          (c) laboratory analyses by the department of tests conducted under Subsection (1); and
51          (d) the administrative cost of follow-up contacts with the parents or guardians of tested
52     infants.
53          (3) Tests for hearing loss [under] described in Subsection (1) shall be based on one or
54     more methods approved by the Newborn Hearing Screening Committee, including:
55          (a) auditory brainstem response;
56          (b) automated auditory brainstem response; and
57          (c) evoked otoacoustic emissions.

58          (4) Results of tests for hearing loss [under] described in Subsection (1) shall be
59     reported to:
60          [(a) parents when results of tests for hearing loss under Subsection (1) suggest that
61     additional diagnostic procedures or medical interventions are necessary; and]
62          [(b)] (a) the department[.]; and
63          (b) when results of tests for hearing loss under Subsection (1) suggest that additional
64     diagnostic procedures or medical interventions are necessary:
65          (i) a parent or guardian of the infant;
66          (ii) an early intervention program administered by the department in accordance with
67     Part C of the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1431 et seq.; and
68          (iii) the Utah Schools for the Deaf and the Blind, created in Section 53A-25b-103.
69          (5) (a) There is established the Newborn Hearing Screening Committee.
70          (b) The committee shall advise the department on:
71          (i) the validity and cost of newborn infant hearing loss testing procedures; and
72          (ii) rules promulgated by the department to implement this section.
73          (c) The committee shall be composed of at least 11 members appointed by the
74     executive director, including:
75          (i) one representative of the health insurance industry;
76          (ii) one pediatrician;
77          (iii) one family practitioner;
78          (iv) one ear, nose, and throat specialist nominated by the Utah Medical Association;
79          (v) two audiologists nominated by the Utah Speech-Language-Hearing Association;
80          (vi) one representative of hospital neonatal nurseries;
81          (vii) one representative of the Early Intervention Baby Watch Program administered by
82     the department;
83          (viii) one public health nurse;
84          (ix) one consumer; and
85          (x) the executive director or [his] the executive director's designee.

86          (d) Of the initial members of the committee, the executive director shall appoint as
87     nearly as possible half to two-year terms and half to four-year terms. Thereafter, appointments
88     shall be for four-year terms except:
89          (i) for those members who have been appointed to complete an unexpired term; and
90          (ii) as necessary to ensure that as nearly as possible the terms of half the appointments
91     expire every two years.
92          (e) A majority of the members constitute a quorum, and a vote of the majority of the
93     members present constitutes an action of the committee.
94          (f) The committee shall appoint a chairman from [its] the committee's membership.
95          (g) The committee shall meet at least quarterly.
96          (h) A member may not receive compensation or benefits for the member's service, but
97     may receive per diem and travel expenses in accordance with:
98          (i) Section 63A-3-106;
99          (ii) Section 63A-3-107; and
100          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
101     63A-3-107.
102          (i) The department shall provide staff for the committee.
103          (6) [Prior to] Before implementing the test required by Subsection (1)(d), the
104     department shall conduct a pilot program for testing newborns for critical congenital heart
105     defects using pulse oximetry. The pilot program shall include the development of:
106          (a) appropriate oxygen saturation levels that would indicate a need for further medical
107     follow-up; and
108          (b) the best methods for implementing the pulse oximetry screening in newborn care
109     units.
110          Section 2. Section 26-10-12 is enacted to read:
111          26-10-12. Reporting results of a test for hearing loss.
112          (1) As used in this section, "health care provider" means the same as that term is
113     defined in Section 78B-3-403.

114          (2) Except as provided in Subsection (3), a health care provider shall report results of a
115     test for hearing loss to the Utah Schools for the Deaf and the Blind if:
116          (a) the results suggest that additional diagnostic procedures or medical interventions
117     are necessary; and
118          (b) the individual tested for hearing loss is under the age of 22.
119          (3) A health care provider may not make the report of an individual's results described
120     in Subsection (2) if the health care provider receives a request to not make the report from:
121          (a) the individual, if the individual is not a minor; or
122          (b) the individual's parent or guardian, if the individual is a minor.
123          Section 3. Section 53A-25b-301 is amended to read:
124          53A-25b-301. Eligibility for services of the Utah Schools for the Deaf and the
125     Blind.
126          (1) Except as provided in Subsections (3) [and], (4), and (5), a person is eligible to
127     receive services of the Utah Schools for the Deaf and the Blind if the person is:
128          (a) a resident of Utah;
129          (b) younger than 22 years of age;
130          (c) referred to the Utah Schools for the Deaf and the Blind by the person's school
131     district of residence or a local early intervention program; and
132          (d) identified as deaf, blind, or deafblind through:
133          (i) the special education eligibility determination process; or
134          (ii) the Section 504 eligibility determination process.
135          (2) (a) In diagnosing a person younger than age three who is deafblind, the following
136     information may be used:
137          (i) opthalmological and audiological documentation;
138          (ii) functional vision or hearing assessments and evaluations; or
139          (iii) informed clinical opinion conducted by a person with expertise in deafness,
140     blindness, or deafblindness.
141          (b) Informed clinical opinion shall be:

142          (i) included in the determination of eligibility when documentation is incomplete or not
143     conclusive; and
144          (ii) based on pertinent records related to the [person's] individual's current health status
145     and medical history, an evaluation and observations of the [person's] individual's level of
146     sensory functioning, and the needs of the family.
147          (3) (a) A student who qualifies for special education shall have services and placement
148     determinations made through the IEP process.
149          (b) A student who qualifies for accommodations under Section 504 shall have services
150     and placement determinations made through the Section 504 team process.
151          (c) A parent or legal guardian of a child who is deaf, blind, or deafblind shall make the
152     final decision regarding placement of the child in a Utah Schools for the Deaf and the Blind
153     program or in a school district or charter school program subject to special education federal
154     regulations regarding due process.
155          (4) (a) A nonresident may receive services of the Utah Schools for the Deaf and the
156     Blind in accordance with rules of the board.
157          (b) The rules shall require the payment of tuition for services provided to a
158     nonresident.
159          (5) An individual is eligible to receive services from the Utah Schools for the Deaf and
160     the Blind under circumstances described in Section 53A-25b-308.
161          [(5) (a) The board shall make rules in accordance with this chapter and]
162          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
163     this chapter, the board:
164          (a) shall make rules that determine the eligibility of students to be served by the Utah
165     Schools for the Deaf and the Blind[.]; and
166          (b) [The board] may make rules to allow a resident of Utah who is neither deaf, blind,
167     nor deafblind to receive services of the Utah Schools for the Deaf and the Blind if the
168     student[:] is younger than 22 years of age.
169          [(i) is younger than 22 years of age and has an IEP; or]

170          [(ii) is younger than 19 years of age.]
171          Section 4. Section 53A-25b-308 is enacted to read:
172          53A-25b-308. Educational services for an individual with a hearing loss.
173          (1) Subject to Subsection (2), the Utah Schools for the Deaf and the Blind shall provide
174     educational services to an individual:
175          (a) who seeks to receive the educational services; and
176          (b) (i) whose results of a test for hearing loss are reported to the Utah Schools for the
177     Deaf and the Blind in accordance with Section 26-10-6 or 26-10-12; or
178          (ii) who has been diagnosed with a hearing loss by a physician or an audiologist.
179          (2) If the individual who will receive the services described in Subsection (1) is a
180     minor, the Utah Schools for the Deaf and the Blind may not provide the services to the
181     individual until after receiving permission from the individual's parent or guardian.