1. (a) A birthing facility, through a program certified by the department under this subchapter, shall offer the parents of a newborn a hearing screening for the newborn for the identification of hearing loss. A birthing facility as defined at §37.502(2)(C) of this title (relating to Definitions) may offer a hearing screening to the parents of newborns who receive medical assistance (Medicaid).
2. (b) The hearing screening shall be provided during the birth admission.
3. (c) The parents of a newborn who is transferred to another hospital for neonatal care may be offered a hearing screening prior to discharge. If the receiving facility is a birthing facility as defined in §37.502(2) of this title (relating to Definitions) and the transferring facility did not offer the newborn's parents a hearing screening, the receiving facility shall offer a hearing screening prior to discharge.
4. (d) The parents shall be informed that, upon their written consent, individually identifying information shall be disclosed by the birthing facility or the (receiving facility as defined in subsection (c) of this section to the department.
5. (e) The department or the department's designee shall approve program protocols which must include procedures concerning at least the following: newborn hearing screening records; informed consent for individually identifying information to be sent to the department; disclosure of information; newborn hearing screening staff, technology, and screening procedures; reporting and referral; and data transfer. Birthing facilities which provided hearing screening services to all newborns prior to September 1, 1999, shall provide their program protocols to the department or the department's designee for review and approval. If the department's designee declines to approve a birthing facility's program protocols, the birthing facility may request a hearing concerning the decision to be conducted according to §§1.51-1.55 of this title (relating to Fair Hearing Procedures).
6. (f) The department may maintain data and information on each newborn who receives services under a program.
7. (g) Program protocols shall require appropriate referrals to the Interagency Council on Early Childhood Intervention as required by §621.45 of this title (relating to Primary Referral Requirements).
8. (h) If a birthing facility is not required by Health and Safety Code, Chapter 47, to offer newborn hearing screening, and has chosen not to accept an equipment grant from the department to conduct newborn hearing screening, the facility must refer the parents of each newborn delivered in the facility to another birthing facility which offers newborn hearing screening.

Source Note:The provisions of this §37.503 adopted to be effective May 11, 2000, 25 TexReg 3962.