December 11, 2007, Introduced by Senators GLEASON, WHITMER, BASHAM, CLARKE, SCOTT, BARCIA, BIRKHOLZ, GARCIA, CHERRY, ANDERSON, OLSHOVE, PRUSI, CLARK-COLEMAN, JACOBS, HUNTER, SCHAUER, PATTERSON, GILBERT, PAPPAGEORGE, SWITALSKI, CROPSEY and THOMAS and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 9311 (MCL 333.9311) and by adding sections
9316, 9317, and 9318; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 9311. A newborn infant or child is exempt from this part
if a parent, guardian, or person in loco parentis of the infant or
child presents a written statement to the health professional,
hospital, other health facility, or administrator of the child's
school stating that the requirement violates the personal religious
beliefs of the parent, guardian, or person in loco parentis.
Sec. 9316. (1) As used in this part:
(a) "Health professional" means an individual who is licensed,
registered, or otherwise authorized to practice a health profession
under article 15 and who provides birthing services or health care
to children under that license.
(b) "Hearing disorder" means a disorder of the auditory system
of a type or degree that causes hearing loss and that interferes
with the development of an infant's or child's language and speech
skills.
(c) "Hearing screening" means the employment of a device to
identify whether an infant or child has a suspected hearing
disorder.
(d) "Hospital" means a hospital that is licensed under article
17 and that provides birthing services or health care to children
under that license.
(e) "Other health facility" means a health facility or agency
other than a hospital that is licensed under article 17 and that
provides birthing services or health care to children under that
license.
(2) In addition to the definitions contained in subsection
(1), article 1 contains definitions of general application to this
part.
Sec. 9317. (1) Except as otherwise provided in this section or
section 9311, a hospital, other health facility, or health
professional that provides birthing services outside of a hospital
or other health facility shall administer or cause to be
administered a hearing screening for each newborn infant before the
infant is discharged from the hospital or other health facility or
before the health professional leaves the birthing site outside of
the hospital or other health facility. If the health professional
in charge at the birth of an infant outside of a hospital or other
health facility is unable to administer or cause to be administered
a hearing screening before leaving the birthing site as required in
this subsection, the health professional shall administer or cause
to be administered a hearing screening for the newborn infant on or
before the expiration of 30 days after the date of birth.
(2) Consistent with regulations promulgated under the health
insurance portability and accountability act of 1996, Public Law
104-191, and with any rules promulgated by the department, a
hospital, other health facility, health professional, or health
department that administers or causes to be administered a hearing
screening under subsection (1) or (5) shall transmit, on forms
prescribed by the department, the results of the hearing screening
and any other information required by the department to all of the
following:
(a) The department.
(b) The parent or guardian of the infant or child.
(c) The infant's or child's primary care physician, if known.
(d) The infant's or child's provider of audiological services,
if known.
(3) A hospital, other health facility, health professional, or
health department that administers or causes to be administered a
hearing screening under subsection (1) or (5) shall distribute to
the parent or guardian of the newborn infant or child the written
materials developed by the department under section 9318(a).
(4) A hospital, other health facility, health professional, or
health department that administers or causes to be administered a
hearing screening under subsection (1) or (5), which screening
indicates that the newborn infant or child may have a hearing
disorder, shall do all of the following:
(a) Recommend to the parent or guardian of the newborn infant
or child that the infant or child undergo an audiological
evaluation as soon as practicable.
(b) Provide the parent or guardian with a list of area
agencies and health professionals that provide audiological
evaluation services.
(5) A hospital, other health facility, health professional, or
health department that administers or causes to be administered a
hearing screening to a child who is less than 3 years of age, which
child has been diagnosed with a hearing disorder, shall comply with
the reporting requirements of subsection (2).
Sec. 9318. The department shall do all of the following:
(a) Develop and provide to hospitals, other health facilities,
health professionals, and health departments that are required to
or may administer or cause to be administered a hearing screening
under this part written information regarding hearing disorders in
infants and children.
(b) Develop and provide to hospitals, other health facilities,
health professionals, and health departments that are required to
or may administer or cause to be administered a hearing screening
under this part a list of statewide agencies and health
professionals that provide audiological evaluation services.
(c) Develop and provide to hospitals, other health facilities,
health professionals, and health departments that are required to
or may administer or cause to be administered a hearing screening
under this part the reporting forms required under section 9317,
including an infant screening form for screenings under section
9317(1) and a diagnostic screening form for screenings under
section 9317(5). The department shall include space in the
diagnostic screening form for screenings under section 9317(5) to
report the type, degree, and symmetry of the diagnosis, along with
where and when the diagnosis was made.
Enacting section 1. Section 5432 of the public health code,
1978 PA 368, MCL 333.5432, is repealed.
Enacting section 2. This amendatory act takes effect 60 days
after the date it is enacted into law.