The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Audiologist--A person licensed pursuant to Texas Occupations Code, Chapter 401.

2. (2) Birthing facility:

   1. (A) a hospital licensed under Texas Health and Safety Code, Chapter 241 that offers obstetrical services;
   2. (B) a birthing center licensed under Texas Health and Safety Code, Chapter 244;
   3. (C) a children's hospital licensed under Texas Health and Safety Code, Chapter 241 that offers obstetrical and/or neonatal intensive care unit services; or
   4. (D) a facility maintained or operated by this state or an agency of this state that provides obstetrical services.
3. (3) Consent--A written statement signed by a parent agreeing that individually-identifying information may be disclosed to the department.
4. (4) Department--The Department of State Health Services.
5. (5) Follow-Up Care--Additional screening, diagnostic audiological evaluation, or treatment and services for newborns or infants who do not pass the initial hearing screening.
6. (6) Hearing loss--A hearing loss averaging 30 dB hearing level or greater in the frequency region important for speech recognition and comprehension in one or both ears, 500 through 4000 Hz.
7. (7) Individually-identifying information--Confidential and protected health information (PHI) that identifies the parent or newborn including common identifiers such as, but not limited to, names, addresses, birthdates, and social security numbers.
8. (8) Infant--A child who is at least 30 days but who is younger than 24 months old.
9. (9) Intervention--Other intervention services separate from Part C Early Childhood Intervention and include those medical and therapeutic services designed to support infants with hearing loss.
10. (10) Newborn--A child younger than 30 days old.
11. (11) Parent--A natural parent, stepparent, adoptive parent, legal guardian, or other legal custodian of a child.
12. (12) Part C Early Childhood Intervention--The early intervention services described in Part C, Individuals with Disabilities Education Act (20) United States Code §§1431-1443.
13. (13) Program--A supervised newborn hearing screening, tracking and intervention program certified by the department.
14. (14) Protocol(s)--Guidelines or procedures, based on the latest Joint Committee on Infant Hearing (JCIH) position statement, used by programs to conduct newborn hearing screening.
15. (15) Screen--An initial or a repeat test that identifies an increased risk for hearing loss, which must be confirmed by an audiological diagnostic evaluation.
16. (16) State--The State of Texas.
17. (17) Texas Early Hearing Detection and Intervention Management Information System (TEHDI MIS)--The department's central information source of newborn hearing screens and audiological diagnostics to ensure follow-up and any type of intervention for newborns or infants identified as hard of hearing or deaf.

Source Note:The provisions of this §37.502 adopted to be effective May 14, 2015, 40 TexReg 2534.