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.