§ 433.321. Hearing and cytomegalovirus screening tests for newborns; disclosure of information; exemption; effect of inability to pay; rules (future operative version)

Note: The amendments to 433.321 by section 2, chapter 488, Oregon Laws 2025, become operative on the date the Oregon Health Authority adds cytomegalovirus to the newborn bloodspot screening panel. See section 3, chapter 488, Oregon Laws 2025. The text that is operative on and after the date the Oregon Health Authority adds cytomegalovirus to the newborn bloodspot screening panel is set forth for the user’s convenience.

1. (1) In all Oregon hospitals and birthing centers where more than 200 live births occur per year, each newborn child must receive a newborn hearing screening test. A hospital or birthing center shall attempt to conduct the test required under this subsection prior to the discharge of the newborn child from the facility.
2. (2) All Oregon hospitals and birthing centers where fewer than 200 live births occur per year shall provide the parent or guardian of a newborn child with the appropriate information furnished by the Oregon Health Authority concerning the importance of newborn hearing screening tests.

3. (3) All Oregon hospitals and birthing centers conducting newborn hearing screening tests, within 10 days of conducting a newborn hearing screening test, shall:

   1. (a) Notify the parent or guardian and the health care provider of the newborn child of the test results;
   2. (b) Provide the parent or guardian with names and contact information for diagnostic facilities that conduct newborn hearing screening tests in the community and with materials developed pursuant to ORS 433.298; and
   3. (c) Report to the authority the results of the test for the newborn child and information identifying the newborn child.
4. (4) A diagnostic facility conducting newborn hearing screening tests, within 10 days of conducting a newborn hearing screening test, shall report to the authority the results of the test for the newborn child and information identifying the newborn child. If a diagnostic facility conducting newborn hearing screening tests detects hearing loss in a newborn child, the diagnostic facility shall provide to the parent or guardian materials developed pursuant to ORS 433.298.
5. (5) Each public and private educational institution that provides early intervention services as defined in ORS 343.035 shall disclose to the authority information identifying the children referred to the educational institution with diagnosed hearing loss and the enrollment status of the children. The institution may disclose to the authority additional information regarding children with hearing loss who are receiving early intervention services if the educational institution has obtained consent to disclose the information.

6. (6) The authority shall, on an annual basis, provide to all Oregon hospitals and birthing centers the following information:

   1. (a) A description of the responsibilities created by this section;
   2. (b) A list of appropriate screening devices and descriptions of training protocols to ensure that staff members are adequately trained in the use of hearing screening equipment;
   3. (c) A list of diagnostic facilities that conduct newborn hearing screening tests;
   4. (d) Using evidence-based best practice standards, a recommended schedule for conducting newborn hearing screening tests;
   5. (e) A recommended protocol for infant and early childhood diagnostic testing and care following a positive screening result for cytomegalovirus;
   6. (f) A list of public and private educational institutions that provide early intervention services and a description of the geographic area served by each institution; and
   7. (g) Other information related to newborn hearing screening tests or cytomegalovirus that the authority deems appropriate.
7. (7) A hospital or birthing center described in subsection (1) of this section is exempt from providing newborn hearing screening tests if the parent or guardian of the newborn child objects to the testing procedure on the grounds that the procedure conflicts with the religious tenets and practices of the parent or guardian. The parent or guardian must sign a statement that the newborn child is being reared in accordance with those religious tenets and practices.
8. (8) A newborn child may not be refused the procedure described in subsection (1) of this section because of an inability of the parent or guardian to pay for the procedure.

Note: 433.321 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 433 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.