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| Home > Statutes > Usa Maine |
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USA Statutes : maine
Title : Title 22. HEALTH AND WELFARE
Chapter : Chapter 1686. NEWBORN HEARING PROGRAM (HEADING. PL 1999, c. 647, @2 (new))
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Title 22 - §8821. Newborn Hearing Program established
Title 22: HEALTH AND WELFARE
Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS
Chapter 1686: NEWBORN HEARING PROGRAM (HEADING: PL 1999, c. 647, @2 (new))
§8821. Newborn Hearing Program established
There is established within the department the Newborn Hearing Program, referred to in this chapter as the "program," to enable
children and their families and caregivers to obtain information regarding hearing screening and evaluation and to learn about
treatment and intervention services at the earliest opportunity in order to prevent or mitigate developmental delays and academic
failures associated with undetected hearing loss. The obligations of the department regarding this program begin when funding
is available to the department to implement the program.
[1999, c. 647, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §8822. Program requirements
Title 22: HEALTH AND WELFARE
Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS
Chapter 1686: NEWBORN HEARING PROGRAM (HEADING: PL 1999, c. 647, @2 (new))
§8822. Program requirements
1. Definitions. As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings.
A. "Birth admission" means the time after birth that the newborn remains in the hospital nursery prior to discharge.
[1999, c. 647, §2 (new).]
B. "Board" means the Newborn Hearing Screening Advisory Board.
[1999, c. 647, §2 (new).]
C. "Hearing loss" means a hearing loss of 30 decibels or more in the frequency region important for speech recognition and
comprehension in one or both ears. The department may adopt rules to decrease the amount of decibels of hearing loss as technology
allows for detection of hearing loss of 15 to 25 decibels in one or both ears.
[1999, c. 647, §2 (new).]
D. "Intervention" or "treatment" means the early intervention services described in the federal Individuals with Disabilities
Education Act, 20 United States Code, Chapter 33, Subchapter III, Sections 1431 to 1445, as amended. "Intervention" or "treatment"
includes, but is not limited to, audiological, medical or early educational services that provide a choice of methods of communication
in a variety of sensory modalities.
[1999, c. 647, §2 (new).]
E. "Parent" means a natural parent, stepparent, adoptive parent, legal guardian or other legal custodian of a child.
[1999, c. 647, §2 (new).]
F. "Person who is culturally deaf" means a person with permanent hearing loss who identifies as a member of the deaf community
and who utilizes American Sign Language as the primary mode of communication.
[1999, c. 647, §2 (new).]
G. "Person who is hard-of-hearing" or "person who is deaf" means a person with permanent hearing loss who communicates using
aural or oral skills for accessing spoken language.
[1999, c. 647, §2 (new).]
[1999, c. 647, §2 (new).]
2. Information to parents of children born in hospitals. Beginning November 1, 2000, a hospital shall provide information to the parents of children born in the hospital regarding
the importance of screening the hearing of newborns and of receiving follow-up care. The information must explain the process
of hearing screening, the likelihood of a child having a hearing loss, follow-up procedures and community resources and must
include a description of the normal auditory, speech and language development process in children. The hospital must provide
information about hearing screening that may be provided at the hospital or coordinated, scheduled or arranged for by the
hospital. The program must provide this information prior to discharge from the birth admission to the hospital or within
3 months of discharge.
[1999, c. 647, §2 (new).]
3. Information to parents of children born outside of hospitals. By November 1, 2002, when a newborn is delivered in a facility other than a hospital, the department shall provide information
to the parents on the merits of having the hearing screening performed and on the availability of the hearing screening within
3 months of the date of birth.
[1999, c. 647, §2 (new).]
4. Guidelines for services for children with hearing loss and at-risk children. The department, after consultation with the board, shall establish guidelines for the provision of follow-up services for
newborn children in the State who are identified as having or being at risk of developing hearing loss. These services must
include, but are not limited to, diagnostic audiologic assessment, counseling and educational services for the parents and
an explanation of the potential effects of the identified hearing loss on the development of the newborn's speech, language
and cognitive skills as well as the potential benefits of early identification and use of spoken or sign language.
[1999, c. 647, §2 (new).]
5. Reporting. Beginning January 1, 2003, every hospital and other location providing birthing services shall report annually to the department
concerning the following:
A. The number of newborns born in the hospital or location, the number screened at birth admission and the number of newborns
who passed and did not pass the screening;
[1999, c. 647, §2 (new).]
B. The number of newborns and infants who participated in follow-up rescreening at that hospital or location and the number
who passed the rescreening;
[1999, c. 647, §2 (new).]
C. The number of newborns recommended for monitoring, intervention and follow-up care;
[1999, c. 647, §2 (new).]
D. The number of newborns and infants recommended for diagnostic audiologic evaluation; and
[1999, c. 647, §2 (new).]
E. The number of newborns whose parents declined screening.
[1999, c. 647, §2 (new).]
[1999, c. 647, §2 (new).]
6. Application. The requirements of this section apply to all hospitals licensed under this Title and to other locations providing birthing
services.
[1999, c. 647, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §8823. Newborn Hearing Screening Advisory Board
Title 22: HEALTH AND WELFARE
Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS
Chapter 1686: NEWBORN HEARING PROGRAM (HEADING: PL 1999, c. 647, @2 (new))
§8823. Newborn Hearing Screening Advisory Board
The Newborn Hearing Screening Advisory Board, as established in Title 5, section 12004-G, subsection 14-C, is created to provide
oversight and advice on the program. The department shall provide administrative support services required by the board.
[1999, c. 647, §2 (new).]
1. Duties. The board shall perform the following duties.
A. The board shall oversee the program and advise the commissioner on issues relating to the program and shall recommend procedures
for hearing screening, evaluation, treatment and intervention services.
[1999, c. 647, §2 (new).]
B. Beginning January 1, 2001, the board shall report each year to the joint standing committees of the Legislature having jurisdiction
over health and human services matters and education matters on the program, the percentages of children being screened and
evaluated and those children being offered and receiving intervention and treatment services. The report must be made available
to the public.
[1999, c. 647, §2 (new).]
[1999, c. 647, §2 (new).]
2. Composition of board. The board consists of an odd number of members, numbering at least 15, appointed by the Governor, including but not limited
to:
A. An audiologist, a physician, a speech-language pathologist, a nurse, a certified teacher of the deaf and a person who provides
early intervention services to children who are deaf or hard-of-hearing through the Govenor Baxter School for the Deaf;
[1999, c. 647, §2 (new).]
B. A person who is culturally deaf, a person who is hard-of-hearing or deaf, a parent of a child who is culturally deaf, a
parent of a child who is hard-of-hearing or deaf and a parent of a hearing child; and
[1999, c. 647, §2 (new).]
C. A representative of hospitals, a representative of health carriers, a representative of the Child Development Services System
established in Title 20-A, section 7724 and a representative of the department.
[1999, c. 647, §2 (new).]
[1999, c. 647, §2 (new).]
3. Reimbursement for expenses. Board members may be reimbursed for reasonable and necessary expenses incurred to attend board meetings but are not entitled
to per diem payments.
[1999, c. 647, §2 (new).]
4. Funding. The department shall provide financial and staff support for the board. The department shall submit grant proposals for
funding the program to the Federal Government under the federal Newborn and Infant Hearing Screening and Intervention Act
of 1999 and under 42 United States Code, Chapter 7, Subchapter V.
[1999, c. 647, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §8824. Tracking system
Title 22: HEALTH AND WELFARE
Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS
Chapter 1686: NEWBORN HEARING PROGRAM (HEADING: PL 1999, c. 647, @2 (new))
§8824. Tracking system
The department is authorized to implement a tracking system that provides the information necessary to effectively plan and
establish a comprehensive system of developmentally appropriate services for newborn children and infants who are deaf or
hard-of-hearing and to ensure that all families are given information regarding the availability of hearing screening for
their infants. The services must be designed to reduce the likelihood of associated disabling conditions for these children.
The tracking system must be integrated with any national database or similar system developed by the Federal Government.
[1999, c. 647, §2 (new).]
1. Mandatory reporting. Once the tracking system is operating, all hospitals licensed in the State and other providers of services that have established
hearing screening procedures for newborn children and infants up to 3 years of age shall report to the department all data
on hearing screening of newborns and infants. Reports that are required under this subsection must be submitted at least
monthly.
[1999, c. 647, §2 (new).]
2. Use of information. Information collected in the tracking system is confidential health care information subject to section 1711-C. Parents
must be provided information on the availability of resources and services for children with hearing loss, including those
provided in accordance with the federal Individuals with Disabilities Education Act and departmental policy.
[1999, c. 647, §2 (new).]
3. Immunity. Persons reporting information in good faith in compliance with this chapter are immune from civil liability.
[1999, c. 647, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §8825. Rulemaking
Title 22: HEALTH AND WELFARE
Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS
Chapter 1686: NEWBORN HEARING PROGRAM (HEADING: PL 1999, c. 647, @2 (new))
§8825. Rulemaking
The department shall adopt rules as required to implement this chapter. Rules adopted pursuant to this section are routine
technical rules as defined by Title 5, chapter 375, subchapter II-A.
[1999, c. 647, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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