HOUSE BILL 971095
BY REPRESENTATIVES K. Alexander, Keller, Reeser, Chavez, Clarke, Gotlieb, Grossman, Lawrence, Mace, Musgrave, Schauer, Snyder, and Sullivant;
also SENATORS Wham, B. Alexander, Bishop, Chlouber,
Dennis, Feeley, Hernandez, Hopper, J. Johnson, Linkhart,
Martinez, Matsunaka, Norton, Pascoe, Perlmutter, Phillips, Reeves,
Rupert, Tanner, Thiebaut, Wattenberg, and Weddig.
CONCERNING SCREENING PROCEDURES FOR HEARING IN NEWBORN
INFANTS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Part
10 of article 4 of title 25, Colorado Revised Statutes, 1989 Repl.
Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION
to read:
2541004.7. Newborn hearing
screening legislative declaration advisory committee
report repeal. (1) (a) THE
GENERAL ASSEMBLY FINDS, DETERMINES, AND DECLARES:
(I) THAT HEARING LOSS OCCURS IN NEWBORN
INFANTS MORE FREQUENTLY THAN ANY OTHER HEALTH CONDITION FOR WHICH
NEWBORN INFANT SCREENING IS REQUIRED;
(II) THAT EIGHTY PERCENT OF THE LANGUAGE
ABILITY OF A CHILD IS ESTABLISHED BY THE TIME THE CHILD IS EIGHTEEN
MONTHS OF AGE AND THAT HEARING IS VITALLY IMPORTANT TO THE HEALTHY
DEVELOPMENT OF SUCH LANGUAGE SKILLS;
(III) THAT EARLY DETECTION OF HEARING
LOSS IN A CHILD AND EARLY INTERVENTION AND TREATMENT HAS BEEN
DEMONSTRATED TO BE HIGHLY EFFECTIVE IN FACILITATING A CHILD'S
HEALTHY DEVELOPMENT IN A MANNER CONSISTENT WITH THE CHILD'S AGE
AND COGNITIVE ABILITY;
(IV) THAT CHILDREN WITH HEARING LOSS WHO
DO NOT RECEIVE SUCH EARLY INTERVENTION AND TREATMENT FREQUENTLY
REQUIRE SPECIAL EDUCATIONAL SERVICES AND THAT SUCH SERVICES ARE
PUBLICLY FUNDED FOR THE VAST MAJORITY OF CHILDREN WITH HEARING
NEEDS IN THE STATE;
(V) THAT APPROPRIATE TESTING AND IDENTIFICATION
OF NEWBORN INFANTS WITH HEARING LOSS WILL FACILITATE EARLY INTERVENTION
AND TREATMENT AND MAY THEREFORE SERVE THE PUBLIC PURPOSES OF PROMOTING
THE HEALTHY DEVELOPMENT OF CHILDREN AND REDUCING PUBLIC EXPENDITURE;
AND
(VI) THAT CONSUMERS SHOULD BE ENTITLED
TO KNOW WHETHER THE HOSPITAL AT WHICH THEY CHOOSE TO DELIVER THEIR
INFANT PROVIDES NEWBORN HEARING SCREENING.
(b) FOR THESE REASONS THE GENERAL ASSEMBLY
HEREBY DETERMINES THAT IT WOULD BE BENEFICIAL AND IN THE BEST
INTERESTS OF THE DEVELOPMENT OF THE CHILDREN OF THE STATE OF COLORADO
THAT NEWBORN INFANTS' HEARING BE SCREENED.
(2) (a) (I) THERE IS HEREBY
ESTABLISHED AN ADVISORY COMMITTEE ON HEARING IN NEWBORN INFANTS
FOR THE PURPOSE OF COLLECTING THE INFORMATIONAL DATA SPECIFIED
IN PARAGRAPH (b) OF SUBSECTION (3) OF THIS SECTION AND REPORTING
SUCH INFORMATION TO THE GENERAL ASSEMBLY BY DECEMBER 1, 1998,
AND FOR THE PURPOSE OF PROVIDING RECOMMENDATIONS TO HOSPITALS,
OTHER HEALTH CARE INSTITUTIONS, THE DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT, AND THE PUBLIC CONCERNING, BUT NOT NECESSARILY
LIMITED TO, THE FOLLOWING:
(A) APPROPRIATE METHODOLOGIES TO BE IMPLEMENTED
FOR HEARING SCREENING OF NEWBORN INFANTS, WHICH METHODOLOGIES
SHALL BE OBJECTIVE AND PHYSIOLOGICALLY BASED AND WHICH SHALL NOT
INCLUDE A REQUIREMENT THAT THE INITIAL NEWBORN HEARING SCREENING
BE PERFORMED BY AN AUDIOLOGIST;
(B) THE NUMBER OF BIRTHS SUFFICIENT TO
QUALIFY A HOSPITAL OR HEALTH INSTITUTION TO ARRANGE OTHERWISE
FOR HEARING SCREENINGS; AND
(C) GUIDELINES FOR REPORTING AND THE MEANS
TO ASSURE THAT IDENTIFIED CHILDREN RECEIVE REFERRAL FOR APPROPRIATE
FOLLOWUP SERVICES.
(II) THE ADVISORY COMMITTEE ON HEARING
IN NEWBORN INFANTS SHALL CONSIST OF AT LEAST SEVEN MEMBERS WHO
SHALL BE APPOINTED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT
OF PUBLIC HEALTH AND ENVIRONMENT. MEMBERS APPOINTED TO THE COMMITTEE
SHALL HAVE TRAINING, EXPERIENCE, OR INTEREST IN THE AREA OF HEARING
CONDITIONS IN CHILDREN.
(III) THE MEMBERS OF THE ADVISORY COMMITTEE
ON HEARING IN NEWBORN INFANTS SHALL SERVE WITHOUT COMPENSATION.
(IV) THE ADVISORY COMMITTEE ON HEARING
IN NEWBORN INFANTS SHALL MEET AS OFTEN AS NECESSARY TO COLLECT
THE INFORMATION NECESSARY AND REPORT TO THE GENERAL ASSEMBLY BY
DECEMBER 1, 1998, AND TO DEVELOP AND MAKE THE RECOMMENDATIONS
SPECIFIED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (a) IN A SUFFICIENTLY
TIMELY MANNER TO ALLOW FOR STATEWIDE HEARING SCREENING OF NEWBORN
INFANTS BY JULY 1, 1999.
(b) THIS SUBSECTION (2) IS REPEALED, EFFECTIVE
JULY 1, 2005.
(3) (a) IT IS THE INTENT OF THE GENERAL
ASSEMBLY THAT BY JULY 1, 1999, NEWBORN HEARING SCREENING BE CONDUCTED
ON NO FEWER THAN EIGHTYFIVE PERCENT OF THE INFANTS BORN
IN HOSPITALS, USING PROCEDURES RECOMMENDED BY THE ADVISORY COMMITTEE
ON HEARING IN NEWBORN INFANTS, CREATED IN SUBSECTION (2) OF THIS
SECTION. TOWARD THAT END, ON AND AFTER JULY 1, 1997, EVERY LICENSED
OR CERTIFIED HOSPITAL SHALL EDUCATE THE PARENTS OF INFANTS BORN
IN SUCH HOSPITALS OF THE IMPORTANCE OF SCREENING THE HEARING OF
NEWBORN INFANTS AND FOLLOWUP CARE. EDUCATION SHALL NOT BE
CONSIDERED A SUBSTITUTE FOR THE HEARING SCREENING DESCRIBED IN
THIS SECTION. EVERY LICENSED OR CERTIFIED HOSPITAL SHALL REPORT
ANNUALLY TO THE ADVISORY COMMITTEE CONCERNING THE FOLLOWING:
(I) THE NUMBER OF INFANTS BORN IN THE
HOSPITAL;
(II) THE NUMBER OF INFANTS SCREENED;
(III) THE NUMBER OF INFANTS WHO PASSED
THE SCREENING, IF ADMINISTERED; AND
(IV) THE NUMBER OF INFANTS WHO DID NOT
PASS THE SCREENING, IF ADMINISTERED.
(b) THE ADVISORY COMMITTEE ON HEARING
IN NEWBORN INFANTS SHALL DETERMINE WHICH HOSPITALS OR OTHER HEALTH
CARE INSTITUTIONS IN THE STATE OF COLORADO ARE ADMINISTERING HEARING
SCREENING TO NEWBORN INFANTS ON A VOLUNTARY BASIS AND THE NUMBER
OF INFANTS SCREENED. THE ADVISORY COMMITTEE ON HEARING IN NEWBORN
INFANTS SHALL REPORT TO THE GENERAL ASSEMBLY BY DECEMBER 1, 1998,
CONCERNING THE FOLLOWING:
(I) THE NUMBER OF HOSPITALS AND OTHER
HEALTH CARE INSTITUTIONS ADMINISTERING SUCH VOLUNTARY SCREENINGS;
(II) THE NUMBER OF NEWBORN INFANTS SCREENED
AS COMPARED TO THE TOTAL NUMBER OF INFANTS BORN IN SUCH HOSPITALS
AND INSTITUTIONS;
(III) THE NUMBER OF INFANTS WHO PASSED
THE SCREENING, IF ADMINISTERED; AND
(IV) THE NUMBER OF INFANTS WHO DID NOT
PASS THE SCREENING, IF ADMINISTERED.
(c) SUBJECT TO AVAILABLE APPROPRIATIONS,
THE ADVISORY COMMITTEE ON HEARING IN NEWBORN INFANTS SHALL MAKE
THE REPORT DESCRIBED IN PARAGRAPH (b) OF THIS SUBSECTION (3) AVAILABLE
THROUGHOUT THE STATE AND SPECIFICALLY AVAILABLE TO PHYSICIANS
WHOSE PRACTICE INCLUDES THE PRACTICE OF OBSTETRICS OR THE CARE
OF NEWBORN INFANTS, TO CONSUMER GROUPS, TO MANAGED CARE ORGANIZATIONS,
AND TO THE MEDIA.
(4) (a) IF THE NUMBER OF INFANTS
SCREENED DOES NOT EQUAL OR EXCEED EIGHTYFIVE PERCENT BY
JULY 1, 1999, OR FALLS BELOW EIGHTYFIVE PERCENT AT ANY TIME
THEREAFTER, THE BOARD OF HEALTH SHALL PROMULGATE RULES REQUIRING
HEARING SCREENING OF NEWBORN INFANTS PURSUANT TO SECTION 244103,
C.R.S., OF THE "STATE ADMINISTRATIVE PROCEDURE ACT".
(b) SUCH RULES, IF PROMULGATED, SHALL
ADDRESS THOSE HOSPITALS WITH A LOW VOLUME OF BIRTHS, AS DETERMINED
BY THE STATE BOARD OF HEALTH BASED UPON RECOMMENDATIONS BY THE
ADVISORY COMMITTEE ON HEARING IN NEWBORN INFANTS, WHICH MAY ARRANGE
OTHERWISE FOR NEWBORN INFANT HEARING SCREENING.
(5) A PHYSICIAN, NURSE, MIDWIFE, OR OTHER
HEALTH PROFESSIONAL ATTENDING A BIRTH OUTSIDE A HOSPITAL OR INSTITUTION
SHALL PROVIDE INFORMATION, AS ESTABLISHED BY THE DEPARTMENT, TO
PARENTS REGARDING PLACES WHERE THE PARENTS MAY HAVE THEIR INFANTS'
HEARING SCREENED AND THE IMPORTANCE OF SUCH SCREENING.
(6) THE DEPARTMENT SHALL ENCOURAGE THE
COOPERATION OF LOCAL HEALTH DEPARTMENTS, HEALTH CARE CLINICS,
SCHOOL DISTRICTS, AND ANY OTHER APPROPRIATE RESOURCES TO PROMOTE
THE SCREENING OF NEWBORN INFANTS' HEARING FOR THOSE INFANTS BORN
OUTSIDE A HOSPITAL OR INSTITUTION.
SECTION 2. 231203
(3), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:
231203. Sunset review of
advisory committees. (3) The
following dates are the dates for which the statutory authorization
for the designated advisory committees is scheduled for repeal:
(n) JULY 1, 2005:
(I) THE ADVISORY COMMITTEE ON HEARING
IN NEWBORN INFANTS IN THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
ESTABLISHED IN SECTION 2541004.7 (2), C.R.S.
SECTION 3. No appropriation.
The general assembly has determined that this act can be implemented
within existing appropriations, and therefore no separate appropriation
of state moneys is necessary to carry out the purposes of this
act.
SECTION 4. Effective date.
This act shall take effect July 1, 1997.
SECTION 5. Safety clause.
The general assembly hereby finds, determines, and declares that
this act is necessary for the immediate preservation of the public
peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO