Section 876-5 - Newborn and infant hearing education and assessment(a) General rule.--The department shall establish a program, a component of which shall be a system to screen all newborns in this Commonwealth for hearing loss before leaving a hospital, to screen all newborns who are not born in a hospital within the first 30 days of life and to provide information and instruction to the parents of all newborns and infants on the merits of having the hearing screening performed and of receiving follow-up care.(b) Program administration.--The department shall in cooperation with the advisory committee provide technical support, including, but not limited to, audiological and administrative technical support, to the health care facilities and persons implementing the requirements of subsection (a).(c) Refusal of test.--Screening is not required if a parent of the newborn or infant objects to the screening for any reason. Such refusal shall be documented in writing and made a part of the medical record of the newborn or infant and reported to the department in a manner prescribed by the department.(d) Implementation.--The program shall be implemented as follows: (1) By July 1, 2003, newborn and infant hearing screening is to be conducted on no fewer than 85% of the live births in health care facilities in this Commonwealth during birth admissions, using procedures recommended by the department's advisory committee. If a newborn is born in a location other than a hospital, the parents shall be instructed on the merits of having the hearing screening performed and shall be given information to assist them in having it performed within 30 days of the newborn's birth. The department shall determine the appropriate screening venue for a newborn born outside a hospital.(2) If the number of newborns and infants receiving hearing screening does not equal or exceed 85% of the total number of live births in this Commonwealth on July 1, 2003, as shown in the most recent data collected by the department or falls below 85% annually thereafter, the department in consultation with the advisory committee shall immediately promulgate regulations to implement a State-administered hearing screening program.(3) By July 1, 2002, every health care facility in this Commonwealth shall provide information and instruct the parents of newborns and infants concerning the importance of screening the hearing of newborns and infants and of receiving follow-up care. An informational packet developed and supplied by the department shall explain in lay terms the importance and process of hearing screening, the likelihood of a newborn or infant having hearing loss, follow-up procedures and available early intervention services. The educational information shall also include a description of the normal auditory, speech and language developmental process in children. This information shall not preclude the health care facility from providing additional material, nor shall it be considered a substitute for the hearing screening.(4) By July 1, 2002, every hospital in this Commonwealth shall report to the department, in a manner prescribed by the department, the number of newborns and infants screened and the results of the screening. The department, based on this information, shall report to the General Assembly by January 1, 2003, and every January 1 thereafter the following:(i) The number of hospitals conducting hearing screenings during birth admissions.(ii) The number of live births in hospitals.(iii) The number of newborns screened during birth admissions.(iv) The number of live births in a location other than a hospital.(v) The number of newborns born in a location other than a hospital screened within 30 days of the date of birth.(vi) The number of newborns born in a hospital who passed and the number who did not pass the birth admission screening, if administered.(vii) The number of newborns born in a location other than a hospital who passed and the number who did not pass a screening within 30 days of the date of birth, if administered.(viii) The number of infants who returned for follow-up rescreening.(ix) The number of infants who passed the follow-up rescreening.(x) The number of infants recommended for monitoring, intervention and follow-up care.(5) The department shall determine which hospitals in this Commonwealth are conducting newborn and infant hearing screening on a voluntary basis or as part of the department's demonstration initiative, the number of newborns and infants screened and the results of the screening. The department, based on this information, shall report to the General Assembly by January 1, 2002, the following: (i) The number of hospitals conducting hearing screenings during birth admissions.(ii) The number of live births in hospitals.(iii) The number of newborns screened during birth admissions.(iv) The number of newborns who passed the birth admission screening, if administered.(v) The number of newborns who did not pass the birth admission screening, if administered.(vi) The number of infants who returned for follow-up rescreening.(vii) The number of infants who passed the follow-up rescreening.(viii) The number of infants recommended for monitoring, intervention and follow-up care.2001, Nov. 30, P.L. 849, No. 89, § 5, effective in 90 days.