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144.966 EARLY HEARING DETECTION AND INTERVENTION PROGRAM.
    Subdivision 1. Definitions. (a) "Child" means a person 18 years of age or younger.
    (b) "False positive rate" means the proportion of infants identified as having a significant
hearing loss by the screening process who are ultimately found to not have a significant hearing
loss.
    (c) "False negative rate" means the proportion of infants not identified as having a significant
hearing loss by the screening process who are ultimately found to have a significant hearing loss.
    (d) "Hearing screening test" means automated auditory brain stem response, otoacoustic
emissions, or another appropriate screening test approved by the Department of Health.
    (e) "Hospital" means a birthing health care facility or birthing center licensed in this state
that provides obstetrical services.
    (f) "Infant" means a child who is not a newborn and has not attained the age of one year.
    (g) "Newborn" means an infant 28 days of age or younger.
    (h) "Parent" means a natural parent, stepparent, adoptive parent, guardian, or custodian of
a newborn or infant.
    Subd. 2. Newborn Hearing Screening Advisory Committee. (a) The commissioner of
health shall establish a Newborn Hearing Screening Advisory Committee to advise and assist
the Department of Health and the Department of Education in:
    (1) developing protocols and timelines for screening, rescreening, and diagnostic
audiological assessment and early medical, audiological, and educational intervention services
for children who are deaf or hard-of-hearing;
    (2) designing protocols for tracking children from birth through age three that may have
passed newborn screening but are at risk for delayed or late onset of permanent hearing loss;
    (3) designing a technical assistance program to support facilities implementing the screening
program and facilities conducting rescreening and diagnostic audiological assessment;
    (4) designing implementation and evaluation of a system of follow-up and tracking; and
    (5) evaluating program outcomes to increase effectiveness and efficiency and ensure
culturally appropriate services for children with a confirmed hearing loss and their families.
    (b) The commissioner of health shall appoint at least one member from each of the following
groups with no less than two of the members being deaf or hard-of-hearing:
    (1) a representative from a consumer organization representing culturally deaf persons;
    (2) a parent with a child with hearing loss representing a parent organization;
    (3) a consumer from an organization representing oral communication options;
    (4) a consumer from an organization representing cued speech communication options;
    (5) an audiologist who has experience in evaluation and intervention of infants and young
children;
    (6) a speech-language pathologist who has experience in evaluation and intervention of
infants and young children;
    (7) two primary care providers who have experience in the care of infants and young
children, one of which shall be a pediatrician;
    (8) a representative from the early hearing detection intervention teams;
    (9) a representative from the Department of Education resource center for the deaf and
hard-of-hearing or the representative's designee;
    (10) a representative of the Minnesota Commission Serving Deaf and Hard-of-Hearing
People;
    (11) a representative from the Department of Human Services Deaf and Hard-of-Hearing
Services Division;
    (12) one or more of the Part C coordinators from the Department of Education, the
Department of Health, or the Department of Human Services or the department's designees;
    (13) the Department of Health early hearing detection and intervention coordinators;
    (14) two birth hospital representatives from one rural and one urban hospital;
    (15) a pediatric geneticist;
    (16) an otolaryngologist;
    (17) a representative from the Newborn Screening Advisory Committee under this
subdivision; and
    (18) a representative of the Department of Education regional low-incidence facilitators.
The commissioner must complete the appointments required under this subdivision by September
1, 2007.
    (c) The Department of Health member shall chair the first meeting of the committee. At the
first meeting, the committee shall elect a chair from its membership. The committee shall meet
at the call of the chair, at least four times a year. The committee shall adopt written bylaws
to govern its activities. The Department of Health shall provide technical and administrative
support services as required by the committee. These services shall include technical support
from individuals qualified to administer infant hearing screening, rescreening, and diagnostic
audiological assessments.
    Members of the committee shall receive no compensation for their service, but shall be
reimbursed as provided in section 15.059 for expenses incurred as a result of their duties as
members of the committee.
    (d) This subdivision expires June 30, 2013.
    Subd. 3. Early hearing detection and intervention programs. All hospitals shall establish
an early hearing detection and intervention (EHDI) program. Each EHDI program shall:
    (1) in advance of any hearing screening testing, provide to the newborn's or infant's parents
or parent information concerning the nature of the screening procedure, applicable costs of the
screening procedure, the potential risks and effects of hearing loss, and the benefits of early
detection and intervention;
    (2) comply with parental consent under section 144.125, subdivision 3;
    (3) develop policies and procedures for screening and rescreening based on Department of
Health recommendations;
    (4) provide appropriate training and monitoring of individuals responsible for performing
hearing screening tests as recommended by the Department of Health;
    (5) test the newborn's hearing prior to discharge, or, if the newborn is expected to remain
in the hospital for a prolonged period, testing shall be performed prior to three months of age
or when medically feasible;
    (6) develop and implement procedures for documenting the results of all hearing screening
tests;
    (7) inform the newborn's or infant's parents or parent, primary care physician, and the
Department of Health according to recommendations of the Department of Health of the results
of the hearing screening test or rescreening if conducted, or if the newborn or infant was not
successfully tested. The hospital that discharges the newborn or infant to home is responsible
for the screening; and
    (8) collect performance data specified by the Department of Health.
    Subd. 4. Notification and information. (a) Notification to the parents or parent, primary
care provider, and the Department of Health shall occur prior to discharge or no later than ten
days following the date of testing. Notification shall include information recommended by the
Department of Health.
    (b) A physician, nurse, midwife, or other health professional attending a birth outside a
hospital or institution shall provide information, orally and in writing, as established by the
Department of Health, to parents regarding places where the parents may have their infant's
hearing screened and the importance of the screening.
    (c) The professional conducting the diagnostic procedure to confirm the hearing loss must
report the results to the parents, primary care provider, and Department of Health according to
the Department of Health recommendations.
    Subd. 5. Oversight responsibility. The Department of Health shall exercise oversight
responsibility for EHDI programs, including establishing a performance data set and reviewing
performance data collected by each hospital.
    Subd. 6. Civil and criminal immunity and penalties. (a) No physician or hospital shall be
civilly or criminally liable for failure to conduct hearing screening testing.
    (b) No physician, midwife, nurse, other health professional, or hospital acting in compliance
with this section shall be civilly or criminally liable for any acts conforming with this section,
including furnishing information required according to this section.
    Subd. 7. Fees. The commissioner shall charge a fee so that the total of fees collected will
approximate the costs of implementing and maintaining a system to follow up on infants and
provide technical assistance, a tracking system, data management, and evaluation. The fee shall
be incorporated in the fee charged under section 144.125.
History: 2007 c 147 art 16 s 10