SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1998 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 32.1-64.1 and 32.1-64.2 of the Code of Virginia are amended and reenacted as follows:
§ 32.1-64.1. Virginia Hearing Impairment Identification and Monitoring System.
A. In order to identify hearing loss at the earliest possible age
among newborns and to provide early intervention for such
all infants so identified as having hearing
impairment, the Commissioner shall establish and maintain the Virginia
Hearing Impairment Identification and Monitoring System. This system will
shall be for the purpose of identifying and monitoring infants
who are at risk for with hearing impairment to
assure ensure that such infants receive appropriate early
intervention through treatment, therapy, training and education.
B. The Virginia Hearing Impairment Identification and Monitoring
System shall be implemented in two phases as follows:
1. In the 1986-1988 biennium, the system shall be initiated in all
hospitals with neonatal intensive care services; and,
2. In 1988, the system shall be initiated in all hospitals in the
Commonwealth having newborn nurseries, and in other birthing places or
centers in the Commonwealth having newborn nurseries.
C. In all hospitals with neonatal intensive care services, the chief
medical officer of such hospitals or his designee shall identify infants at
risk of hearing impairment using criteria established by the Board.
Beginning on July 1, 1999, all such infants shall
then be screened for hearing loss given a hearing
screening test, regardless of whether or not the infant is at risk of hearing
impairment, by the chief medical officer or his designee using
methodology approved by the Board. The test shall take place before the infant
is discharged from the hospital to the care of the parent or guardian, or as
the Board may by regulation provide. The chief administrative
officer of the hospital or his designee shall report to the Commissioner all
infants identified as at risk of hearing impairment and all infants who are
identified through screening as having hearing loss.
In all other hospitals and other birthing places or centers, the
chief medical officer or his designee or the attending practitioner
shall identify infants at risk of hearing impairment using criteria
established by the Board. The chief administrative officer or his designee
shall report to the Commissioner all infants identified as at risk of hearing
impairment.
D. Beginning on July 1, 2000, the Board shall provide by regulation for the giving of hearing screening tests for all infants born in all hospitals. The Board's regulations shall establish when the testing shall be offered and performed and procedures for reporting.
An infant whose hearing screening indicates the need for a diagnostic audiological examination shall be offered such examination at a center approved by the Board of Health. As a condition of such approval, such centers shall maintain suitable audiological support and medical and educational referral practices.
E. The Commissioner may shall appoint an
advisory committee to assist in the design and,
implementation, and revision of this identification and monitoring
system with representation. The advisory committee shall meet
at least four times per year. A chairman shall be elected annually by the
advisory committee. The Department of Health shall provide support services to
the advisory committee. The advisory committee shall consist of
representatives from relevant groups including, but not limited to,
the health insurance industry; physicians, including at least
one pediatrician or family practitioner, one otolaryngologist, and one
neonatologist; nurses representing newborn nurseries; audiologists; hearing aid
dealers and fitters; teachers of the deaf and hard-of-hearing; parents of
children who are deaf or hard-of-hearing; adults who are deaf or
hard-of-hearing; hospital administrators; and personnel of
appropriate state agencies, including the Department of Medical Assistance
Services, the Department of Education, and the Department for the Deaf and
Hard-of-Hearing. The Department of Education and,
the Department for the Deaf and Hard-of-Hearing, and the Department of
Mental Health, Mental Retardation and Substance Abuse Services shall
cooperate with the Commissioner and the Board in implementing this system.
F. With the assistance of the advisory committee, the Board shall
promulgate such rules and regulations as may be necessary to implement this
identification and monitoring system. These rules and regulations shall include
criteria, including current screening methodology, for the
identification of infants (i) with hearing impairment and (ii) at
risk of hearing impairment and may shall include the
scope of the information to be reported, reporting forms, screening protocols,
appropriate mechanisms for follow-up, relationships between the identification
and monitoring system and other state agency programs or activities and
mechanisms for review and evaluation of the activities of the system. The
identification and monitoring system may shall collect
the name, address, sex, race, and any other information determined to be
pertinent by the Board, regarding infants determined to be at risk of hearing
impairment or to have hearing loss.
G. In addition, the Board's regulations shall provide that any person making a determination that an infant (i) is at risk for hearing impairment, (ii) has failed to pass a hearing screening, or (iii) was not successfully tested shall notify the parent or guardian of the infant, the infant's primary care physician, and the Commissioner.
H. No testing required to be performed or offered by this section shall be performed if the parents of the infant object to the test based on their bona fide religious convictions.
§ 32.1-64.2. Confidentiality of records; publication; Commissioner required to contact parents, physicians, and relevant local early intervention program.
The Commissioner and all other persons to whom data is submitted pursuant to
§ 32.1-64.1 shall keep such information confidential. No publication of
information shall be made except in the form of statistical or other studies
which do not identify individuals. However, the Commissioner may
shall contact the parents of children identified with
hearing impairment or as at risk of hearing impairment or
having hearing loss and, their physicians and the
relevant local early intervention program to collect relevant data
and to provide them with information about available public and private
health care and educational resources including any hearing
impairment clinics.