The following words and terms pertain explicitly to this chapter and shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Birth admission - The time after birth that a newborn remains in the birthing facility before the newborn is discharged. If a newborn is transferred to an intensive care nursery, the hearing screen must be done after the newborn is medically stable, but before the newborn or infant is released from the hospital.

2. (2) Birthing facility -

   1. (A) a hospital licensed under Health and Safety Code, Chapter 241 that offers obstetrical services and is located in a county with a population of more than 50,000;
   2. (B) a birthing center licensed under Health and Safety Code, Chapter 244 that is located in a county with a population of more than 50,000 and that has 100 or more births per year; or

   3. (C) a hospital that offers obstetrical services or a birthing center licensed under Health and Safety Code, Chapter 244:

      1. (i) that participates in the State's medical assistance program; and
      2. (ii) is not otherwise included in paragraphs (2)(A) or (2)(B) of this section but agrees with the department to provide hearing screening services for newborns in compliance with Health and Safety Code, Chapter 47, and accepts a one-time grant from the department for the purchase of newborn hearing screening equipment prior to August 31, 2002.
3. (3) Department - The Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756.
4. (4) Health care provider - A registered nurse recognized as an advanced practice nurse by the Board of Nurse Examiners or a physician assistant licensed by the Texas State Board of Physician Assistant Examiners.
5. (5) Hearing loss - A hearing loss averaging 30 to 40 dB HL or greater in the frequency region important for speech recognition and comprehension in one or both ears, approximately 500 through 4000 Hz.
6. (6) Infant - A child who is at least 30 days but who is younger than 24 months old.
7. (7) Newborn - A child younger than 30 days old.
8. (8) Parent - A natural parent, stepparent, adoptive parent, legal guardian, or other legal custodian of a child.
9. (9) Physician - A person licensed to practice medicine by the Texas State Board of Medical Examiners.
10. (10) Intervention or follow-up care - The early intervention services described in the Individuals with Disabilities Education Act, 20 U.S.C. §§1431 - 1445.
11. (11) Program - A newborn hearing screening, tracking, and intervention program certified by the department or the department's designee.
12. (12) State - The State of Texas.
13. (13) Consent - A statement signed by a parent, as defined in §37.502(8) of this title (relating to Definitions) agreeing that individually identified newborn information may be disclosed to the department.

14. (14) Individually identifying information includes:

    1. (A) the name of the child or the child's parent;
    2. (B) the address of the child; and
    3. (C) a personal identifier, such as the child's social security number or Medicaid number.
15. (15) Protocols - The guidelines used by the birthing facility for conducting a certified newborn hearing screening program.

Source Note:The provisions of this §37.502 adopted to be effective May 11, 2000, 25 TexReg 3962.