Download This Bill in Microsoft Word format
Current Status Bill Number:View additional legislative information at the LPITS web site.1344 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20000418 Primary Sponsor:Moore All Sponsors:Moore, Ryberg, Drummond, Alexander, Anderson, Bauer, Branton, Bryan, Courson, Courtney, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Richardson, Russell, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington and Wilson Drafted Document Number:l:\s-res\tlm\008hear.kad.doc Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Committee 27 H3M Date of Last Amendment:20000427 Subject:Universal Newborn Hearing Screening and Intervention Act, Minors, Medical; Speech, Pathology and Audiology History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20000502 Introduced, read first time, 27 H3M referred to Committee Senate 20000428 Read third time, sent to House ------ 20000428 Scrivener's error corrected Senate 20000427 Unanimous consent for third reading on Friday, 20000428 Senate 20000427 All Senators names added as co-sponsors Senate 20000427 Amended, read second time Senate 20000426 Committee report: Favorable with 13 SMA amendment Senate 20000418 Introduced, read first time, 13 SMA referred to Committee Versions of This Bill Revised on April 26, 2000 - Word format Revised on April 27, 2000 - Word format Revised on April 28, 2000 - Word format
COMMITTEE AMENDMENT ADOPTED AND AMENDED
April 27, 2000
S. 1344
Introduced by Senators Moore, Ryberg, Drummond, Alexander, Anderson, Bauer, Branton, Bryan, Courson, Courtney, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Richardson, Russell, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington and Wilson
S. Printed 4/27/00--S. [SEC 4/28/00 3:33 PM]
Read the first time April 18, 2000.
TO AMEND TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 124, SO AS TO ENACT THE "UNIVERSAL NEWBORN HEARING SCREENING AND INTERVENTION ACT", TO REQUIRE NEWBORN HEARING SCREENING TO BE CONDUCTED ON ALL NEWBORNS BORN IN HOSPITALS IN THIS STATE DURING BIRTH ADMISSION, USING PROCEDURES RECOMMENDED OR APPROVED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, AND TO REQUIRE EVERY HOSPITAL IN THIS STATE TO PROVIDE EDUCATIONAL INFORMATION FOR THE PARENTS OF NEWBORNS BORN IN SUCH HOSPITALS CONCERNING THE IMPORTANCE OF HEARING SCREENING.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 44 of the 1976 Code is amended by adding:
Section 44-124-10. This chapter shall be known as the `Universal Newborn Hearing Screening and Intervention Act'.
Section 44-124-20. The General Assembly finds that:
(1) hearing loss occurs in newborns more frequently than any other health condition for which newborn screening is currently required;
(2) hearing is vital to the healthy development of spoken language skills. Eighty percent of a child's ability to learn speech, language, and related cognitive skills is established by the time the child is thirty-six months of age;
(3) newborns can receive reliable and valid screening for hearing loss in a cost-effective manner;
(4) identification of hearing loss as close to birth as possible, coupled with early intervention and treatment before six months of age, allows maximum development of a child's communication skills during the critical time period for speech and language learning;
(5) early detection of hearing loss and early intervention and treatment before six months of age will reduce public expenditure for health care, special education, and related services; and
(6) universal newborn hearing screening, with early evaluation and intervention, is included in both the Health People 2000 and Health People 2010 Objectives for the nation.
(B) The purpose of this legislation is:
(1) to provide early detection of hearing loss, from inner ear or middle ear causes in newborns at the birthing facility or as soon after birth as possible;
(2) to enable these newborns and their families/caregivers to obtain needed multidisciplinary evaluation, treatment, and intervention services at the earliest opportunity;
(3) to maximize development of the auditory system for each newborn to prevent or mitigate the developmental delay and academic failures associated with hearing loss;
(4) to integrate universal newborn hearing screening with early intervention services for children birth to thirty-six months as consistent with SC Act 41 and Part C of the Individuals with Disabilities Education Act (IDEA) and Title V of the Social Security Act.
Section 44-124-30. The following terms used in this act shall have the meanings ascribed to them in this section unless expressly indicated otherwise:
(1) `Advisory council' means the Newborn Hearing Screening and Intervention Advisory Council.
(2) `Audiologist' means an individual licensed to practice audiology by the South Carolina Board of Examiners in Speech-Language Pathology and Audiology.
(3) `Audiologic evaluation' means an evaluation consisting of procedures to:
(a) assess the status of the auditory system;
(b) establish the site of the auditory disorder, the type and degree of hearing loss, and the potential effects of hearing loss on communication; and
(c) identify appropriate treatment and referral options.
Referral options for evaluation should include linkage to state IDEA Part C coordinating agencies or other appropriate agencies, medical evaluation, hearing aid/sensory aid assessment, audiologic rehabilitation treatment, national and local consumer, self-help, parent, and education organizations, and other family-centered services.
(4) `Auditory (Rd) Habilitation' (intervention) means procedures, techniques, and technologies to facilitate the receptive and expressive communication abilities of a child with hearing loss.
(5) `Birth admission' means the time after birth that the newborn remains in the hospital nursery prior to discharge.
(6) `Commissioner' means the Commissioner of the South Carolina Department of Health and Environmental Control.
(7) `Department' means the South Carolina Department of Health and Environmental Control.
(8) `Early intervention' (e.g., nonmedical) means providing appropriate services for the child with hearing loss and ensuring that families of the child are provided comprehensive, consumer-oriented information about the full range of family support, training, information services, communication options and are given the opportunity to consider the full range of educational and program placements and options for their child.
(9) `Hearing loss' for newborns and neonates means failure to pass the brainstem auditory evoked response performed at the audiologic evaluation. Current hearing screening technology will detect levels of hearing loss as low as 35 dB.
(10) `Infant' means a child twenty-nine days to twenty-four months old.
(11) `Medical intervention' means the process by which a physician provides medical diagnosis and direction for medical and/or surgical treatment options of hearing loss and/or related medical disorder associated with hearing loss.
(12) `Normal hearing' for newborns and infants is 0-15 dB HL. Any hearing level greater than 15 dB can adversely affect speech and language development. The greater the hearing level, the greater the adverse impact on speech and language development.
(13) `Parent(s)' means a natural parent(s), stepparent(s), adoptive parent(s), legal guarding(s), or other legal custodian of a child.
(14) `Part C of Individuals with Disabilities Education Act' means the Early Intervention Program for Infants and Toddlers with Disabilities with Developmental Delay. This legislation encourages exemplary practices that lead to improved teaching and learning experiences for children with developmental delay, which can result in more productive independent adult lives, including employment.
Section 44-124-40. (A)(1) Within eighteen months after the effective date of this chapter, newborn hearing screening must be conducted on all newborns born in hospitals in this State during birth admission, using procedures recommended or approved by the department.
(2) Within twelve months after the effective date of this chapter, every hospital in this State shall provide educational information for the parents of newborns born in such hospitals concerning the importance of hearing screening. Education shall not be considered a substitute for the hearing screening.
(3) When a newborn is delivered in a hospital with an average of less than one hundred deliveries per year, or is delivered somewhere other than a hospital, the parents must be instructed on the merits of having the hearing screening performed and must be given information to assist them in having the screening performed within one month of the child's birth date. The department shall determine the appropriate screening venue(s) for newborns who are born in facilities other than hospitals.
(B)(1) Newborns referred through the screening process shall receive an audiologic evaluation by an audiologist and a medical evaluation by a physician and/or otolaryngologist as indicated.
(2) Newborns and infants referred through the evaluation process shall receive medical intervention, audiologic rehabilitation, early intervention services, and augmentative hearing devices.
(3)(a) The department, with consultation with the South Carolina Health Alliance, shall establish a procedure for reporting. Hospitals, audiologists, and early interventionists shall comply with these procedures as related to newborn hearing screening.
(b) The department shall establish a procedure to monitor and measure effectiveness of newborn and infant hearing screening and intervention and report annually to the South Carolina legislature and participating hospitals.
(c) Subject to available appropriations, the department shall make reports described in subitems (B)(3)(a) and (B)(3)(b) of this section available throughout the State, specifically to physicians whose practice includes the practice of obstetrics, neonatology, or the care of newborns and infants, to consumer groups, managed care organizations, other third party payers, and the media.
Section 44-124-50. The Newborn Hearing Screening and Intervention Advisory Council, consisting of representatives of agencies, professional disciplines, hospitals, and consumers, shall be established under the jurisdiction of the department.
Section 44-124-60. (A) The department shall have the authority to promulgate rules and regulations to the extent necessary to implement the provisions of this chapter.
(B) The department and the Department of Health and Human Services shall establish procedures for providing reimbursements for expenses incurred under Section 44-124-40, including the amount of the reimbursements, from monies appropriated by the General Assembly for that purpose."
SECTION 2. Article 1, Chapter 7, Title 44 of the 1976 Code is amended by adding:
"Section 44-7-78. Notwithstanding any other provision of law, an entity that operates a health care facility, as defined in Section 44-7-130(10), may develop and operate facilities, programs, and services in any location where such facilities, programs, or services support the entity or provide services to residents in the area, provided all other statutory and regulatory requirements are met, including the State Certification of Need and Health Facility Licensure Act, Article 3, Chapter 7, Title 44 and related regulations promulgated by the department."
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on Wednesday, December 9, 2009 at 9:11 A.M.