Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 414 (2017GS)

Sponsor

Rep. Owens, D.

Final action

Governor Signed 3/24/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires reporting results of a test for hearing loss to the Utah Schools for the Deaf and the Blind and an early intervention program under certain circumstances;
• requires the Utah Schools for the Deaf and the Blind to provide educational services to certain individuals; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

UTAH SCHOOLS FOR THE DEAF AND THE BLIND
REFERRAL AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Derrin R. Owens
Senate Sponsor: 
Howard A. Stephenson
LONG TITLE
General Description:
This bill amends provisions related to educational services for an individual with a
hearing loss.
Highlighted Provisions:
This bill:
▸ requires reporting results of a test for hearing loss to the Utah Schools for the Deaf
and the Blind and an early intervention program under certain circumstances;
▸ requires the Utah Schools for the Deaf and the Blind to provide educational services
to certain individuals; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-10-6
, as last amended by Laws of Utah 2013, Chapter 132
53A-25b-301
, as enacted by Laws of Utah 2009, Chapter 294
ENACTS:
26-10-12
, Utah Code Annotated 1953
53A-25b-308
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-10-6
 is amended to read:
26-10-6.
Testing of newborn infants.
(1) Except in the case where parents object on the grounds that they are members of a
specified, well-recognized religious organization whose teachings are contrary to the tests
required by this section, [
each
] 
a
 newborn infant shall be tested for:
(a) phenylketonuria (PKU);
(b) other heritable disorders which may result in an intellectual or physical disability or
death and for which:
(i) a preventive measure or treatment is available; and
(ii) there exists a reliable laboratory diagnostic test method;
(c) (i) an infant born in a hospital with 100 or more live births annually, hearing loss;
and
(ii) an infant born in a setting other than a hospital with 100 or more live births
annually, hearing loss; and
(d) [
beginning October 1, 2014,
] critical congenital heart defects using pulse oximetry.
(2) In accordance with Section 
26-1-6
, the department may charge fees for:
(a) materials supplied by the department to conduct tests required under Subsection (1);
(b) tests required under Subsection (1) conducted by the department;
(c) laboratory analyses by the department of tests conducted under Subsection (1); and
(d) the administrative cost of follow-up contacts with the parents or guardians of tested
infants.
(3) Tests for hearing loss [
under
] 
described in
 Subsection (1) shall be based on one or
more methods approved by the Newborn Hearing Screening Committee, including:
(a) auditory brainstem response;
(b) automated auditory brainstem response; and
(c) evoked otoacoustic emissions.
(4) Results of tests for hearing loss [
under
] 
described in
 Subsection (1) shall be
reported to:
[
(a) parents when results of tests for hearing loss under Subsection (1) suggest that
additional diagnostic procedures or medical interventions are necessary; and
]
[
(b)
] 
(a)
 the department[
.
]
; and
(b) when results of tests for hearing loss under Subsection (1) suggest that additional
diagnostic procedures or medical interventions are necessary:
(i) a parent or guardian of the infant;
(ii) an early intervention program administered by the department in accordance with
Part C of the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1431 et seq.; and
(iii) the Utah Schools for the Deaf and the Blind, created in Section 
53A-25b-103
.
(5) (a) There is established the Newborn Hearing Screening Committee.
(b) The committee shall advise the department on:
(i) the validity and cost of newborn infant hearing loss testing procedures; and
(ii) rules promulgated by the department to implement this section.
(c) The committee shall be composed of at least 11 members appointed by the
executive director, including:
(i) one representative of the health insurance industry;
(ii) one pediatrician;
(iii) one family practitioner;
(iv) one ear, nose, and throat specialist nominated by the Utah Medical Association;
(v) two audiologists nominated by the Utah Speech-Language-Hearing Association;
(vi) one representative of hospital neonatal nurseries;
(vii) one representative of the Early Intervention Baby Watch Program administered by
the department;
(viii) one public health nurse;
(ix) one consumer; and
(x) the executive director or [
his
] 
the executive director's
 designee.
(d) Of the initial members of the committee, the executive director shall appoint as
nearly as possible half to two-year terms and half to four-year terms. Thereafter, appointments
shall be for four-year terms except:
(i) for those members who have been appointed to complete an unexpired term; and
(ii) as necessary to ensure that as nearly as possible the terms of half the appointments
expire every two years.
(e) A majority of the members constitute a quorum
,
 and a vote of the majority of the
members present constitutes an action of the committee.
(f) The committee shall appoint a chairman from [
its
] 
the committee's
 membership.
(g) The committee shall meet at least quarterly.
(h) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(i) The department shall provide staff for the committee.
(6) [
Prior to
] 
Before
 implementing the test required by Subsection (1)(d), the
department shall conduct a pilot program for testing newborns for critical congenital heart
defects using pulse oximetry. The pilot program shall include the development of:
(a) appropriate oxygen saturation levels that would indicate a need for further medical
follow-up; and
(b) the best methods for implementing the pulse oximetry screening in newborn care
units.
Section 2. Section 
26-10-12
 is enacted to read:
 26-10-12.
Reporting results of a test for hearing loss.
(1) As used in this section, "health care provider" means the same as that term is
defined in Section 
78B-3-403
.
(2) Except as provided in Subsection (3), a health care provider shall report results of a
test for hearing loss to the Utah Schools for the Deaf and the Blind if:
(a) the results suggest that additional diagnostic procedures or medical interventions
are necessary; and
(b) the individual tested for hearing loss is under the age of 22.
(3) A health care provider may not make the report of an individual's results described
in Subsection (2) if the health care provider receives a request to not make the report from:
(a) the individual, if the individual is not a minor; or
(b) the individual's parent or guardian, if the individual is a minor.
Section 3. Section 
53A-25b-301
 is amended to read:
53A-25b-301.
Eligibility for services of the Utah Schools for the Deaf and the
Blind.
(1) Except as provided in Subsections (3) [
and
]
,
 (4), 
and (5),
 a person is eligible to
receive services of the Utah Schools for the Deaf and the Blind if the person is:
(a) a resident of Utah;
(b) younger than 22 years of age;
(c) referred to the Utah Schools for the Deaf and the Blind by the person's school
district of residence or a local early intervention program; and
(d) identified as deaf, blind, or deafblind through:
(i) the special education eligibility determination process; or
(ii) the Section 504 eligibility determination process.
(2) (a) In diagnosing a person younger than age three who is deafblind, the following
information may be used:
(i) opthalmological and audiological documentation;
(ii) functional vision or hearing assessments and evaluations; or
(iii) informed clinical opinion conducted by a person with expertise in deafness,
blindness, or deafblindness.
(b) Informed clinical opinion shall be:
(i) included in the determination of eligibility when documentation is incomplete or not
conclusive; and
(ii) based on pertinent records related to the [
person's
] 
individual's
 current health status
and medical history, an evaluation and observations of the [
person's
] 
individual's
 level of
sensory functioning, and the needs of the family.
(3) (a) A student who qualifies for special education shall have services and placement
determinations made through the IEP process.
(b) A student who qualifies for accommodations under Section 504 shall have services
and placement determinations made through the Section 504 team process.
(c) A parent or legal guardian of a child who is deaf, blind, or deafblind shall make the
final decision regarding placement of the child in a Utah Schools for the Deaf and the Blind
program or in a school district or charter school program subject to special education federal
regulations regarding due process.
(4) (a) A nonresident may receive services of the Utah Schools for the Deaf and the
Blind in accordance with rules of the board.
(b) The rules shall require the payment of tuition for services provided to a
nonresident.
(5) An individual is eligible to receive services from the Utah Schools for the Deaf and
the Blind under circumstances described in Section 
53A-25b-308
.
[
(5) (a) The board shall make rules in accordance with this chapter and
]
(6) In accordance with
 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 
and
this chapter, the board:
(a) shall make rules
 that determine the eligibility of students to be served by the Utah
Schools for the Deaf and the Blind[
.
]
; and
(b) [
The board
] may make rules to allow a resident of Utah who is neither deaf, blind,
nor deafblind to receive services of the Utah Schools for the Deaf and the Blind if the
student[
:
] 
is younger than 22 years of age.
[
(i) is younger than 22 years of age and has an IEP; or
]
[
(ii) is younger than 19 years of age.
]
Section 4. Section 
53A-25b-308
 is enacted to read:
 53A-25b-308.
Educational services for an individual with a hearing loss.
(1) Subject to Subsection (2), the Utah Schools for the Deaf and the Blind shall provide
educational services to an individual:
(a) who seeks to receive the educational services; and
(b) (i) whose results of a test for hearing loss are reported to the Utah Schools for the
Deaf and the Blind in accordance with Section 
26-10-6
 or 
26-10-12
; or
(ii) who has been diagnosed with a hearing loss by a physician or an audiologist.
(2) If the individual who will receive the services described in Subsection (1) is a
minor, the Utah Schools for the Deaf and the Blind may not provide the services to the
individual until after receiving permission from the individual's parent or guardian.