Florida Senate - 2023 SB 394



By Senator Polsky





30-00106-23 2023394__
1 A bill to be entitled
2 An act relating to newborn hearing screenings;
3 amending s. 383.145, F.S.; defining the term
4 “congenital cytomegalovirus test”; revising newborn
5 hearing screening requirements to require that all
6 newborns, rather than only those who fail the initial
7 newborn hearing screening, be tested for congenital
8 cytomegalovirus; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Present paragraphs (b) through (j) of subsection
13 (2) of section 383.145, Florida Statutes, are redesignated as
14 paragraphs (c) through (k), respectively, a new paragraph (b) is
15 added to that subsection, and paragraphs (a) through (e) and
16 present paragraph (g) of subsection (3) of that section are
17 amended, to read:
18 383.145 Newborn and infant hearing screening.—
19 (2) DEFINITIONS.—As used in this section, the term:
20 (b) “Congenital cytomegalovirus test” means a test approved
21 by the United States Food and Drug Administration or another
22 diagnostically equivalent test to screen newborns for congenital
23 cytomegalovirus.
24 (3) REQUIREMENTS FOR SCREENING OF NEWBORNS; INSURANCE
25 COVERAGE; REFERRAL FOR ONGOING SERVICES.—
26 (a) Each hospital or other state-licensed birthing facility
27 that provides maternity and newborn care services shall ensure
28 that all newborns are, before discharge, screened for the
29 detection of hearing loss to prevent the consequences of
30 unidentified disorders. If a newborn fails the screening for the
31 detection of hearing loss, The hospital or other state-licensed
32 birthing facility must also administer a congenital
33 cytomegalovirus test approved by the United States Food and Drug
34 Administration or another diagnostically equivalent test on the
35 newborn to screen for congenital cytomegalovirus before the
36 newborn becomes 21 days of age or before discharge, whichever
37 occurs earlier.
38 (b) Each licensed birth center that provides maternity and
39 newborn care services shall ensure that all newborns are, before
40 discharge, referred to an audiologist, a hospital, or another
41 newborn hearing screening provider for screening for the
42 detection of hearing loss to prevent the consequences of
43 unidentified disorders and referred for the administration of a
44 congenital cytomegalovirus test. The referrals referral for
45 appointment must be made within 7 days after discharge. Written
46 documentation of the referrals referral must be placed in the
47 newborn’s medical chart.
48 (c) If the parent or legal guardian of the newborn objects
49 to the screening or testing, the screening or testing, as
50 applicable, must not be completed. In such case, the physician,
51 midwife, or other person attending the newborn shall maintain a
52 record that the screening or testing has not been performed and
53 attach a written objection that must be signed by the parent or
54 guardian.
55 (d) For home births, the health care provider in attendance
56 is responsible for coordinating the referral of the newborn
57 coordination and referral to an audiologist, a hospital, or
58 another newborn hearing screening provider for screening for the
59 detection of hearing loss and for coordinating the referral for
60 administration of a congenital cytomegalovirus test. The health
61 care provider in attendance must make the referrals referral for
62 appointment within 7 days after the birth. In cases in which the
63 home birth is not attended by a health care provider, the
64 newborn’s primary health care provider is responsible for
65 coordinating the referrals referral.
66 (e) For home births and births in a licensed birth center,
67 if a newborn is referred to a newborn hearing screening provider
68 and the newborn fails the screening for the detection of hearing
69 loss, the newborn’s primary health care provider must refer the
70 newborn for administration of a test approved by the United
71 States Food and Drug Administration or another diagnostically
72 equivalent test on the newborn to screen for congenital
73 cytomegalovirus.
74 (f)(g) The screening of a newborn’s hearing and
75 administration of a congenital cytomegalovirus test on the
76 newborn must be completed before the newborn is discharged from
77 the hospital. However, if the screening and testing is not
78 completed before discharge due to scheduling or temporary
79 staffing limitations, the screening and testing must be
80 completed within 21 days after the birth. Screenings completed
81 after discharge or performed because of initial screening
82 failure must be completed by an audiologist, a physician, a
83 hospital, or another newborn hearing screening provider.
84 Section 2. This act shall take effect July 1, 2023.