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1998 SESSION
986308657Patrons-- Forbes, Colgan, Edwards, Gartlan, Holland, Howell, Watkins and Whipple; Delegates: Armstrong, Cantor, Davis, Deeds, Diamonstein, Kilgore, Morgan and Woodrum
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 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. All
such Beginning on July 1, 1999, all 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 hospitals, other than those hospitals with neonatal intensive care services. 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
mayshall 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 mayshall 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 school divisions.
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 school division 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.