2009 - 2010 LEGISLATURE
October 13, 2009 - Introduced by Representatives Dexter, Kaufert, Black,
Berceau, Townsend, Schneider, Hilgenberg, Mason, Soletski, Sinicki,
Jorgensen, Hixson, Lothian, Turner, Grigsby, A. Williams, Krusick, Wood,
A. Ott and Bernard Schaber, cosponsored by Senators Lassa, Taylor,
Lehman, Schultz, Kreitlow, Risser, Miller, Darling, Coggs and Erpenbach.
Referred to Committee on Public Health.
1An Act to amend
253.13 (2), 253.13 (3) and 253.13 (4); and to create
253.13 (1g) 2
of the statutes; relating to: requiring newborn hearing screening.
Analysis by the Legislative Reference Bureau
Under current law, the attending physician or nurse-midwife must ensure that
every infant born undergoes a blood test for congenital disorders and metabolic
disorders. Also under current law, hospitals must make newborn hearing screening
available for all infants delivered at the hospital. The state laboratory of hygiene
performs tests on the blood samples; provides necessary diagnostic services,
treatment, and follow-up counseling; advises the physician of the test results; and
reports positive test results to the Department of Health Services (DHS).
This bill requires the physician, nurse-midwife, or certified professional
midwife who attended the birth to arrange for the infant to be tested before hospital
discharge, or within 30 days of birth if the infant was not born in a hospital, to
determine if the infant has hearing loss. The physician, nurse-midwife, or certified
professional midwife who attended the birth must also advise the parents or legal
guardian of the infant of the hearing test results. This bill also requires the state
laboratory of hygiene to provide additional follow-up services and to report positive
hearing screening results to DHS.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB488, s. 1
253.13 (1g) of the statutes is created to read:
253.13 (1g) Hearing screening.
(a) In this subsection:
1. "Hearing loss" has the meaning given in s. 253.115 (1) (a).
2. "Hospital" has the meaning given in s. 50.33 (2).
(b) The physician, nurse-midwife licensed under s. 441.15, or certified 6
professional midwife licensed under s. 440.982 who attended the birth shall arrange 7
for the infant to be tested before hospital discharge, or within 30 days of birth if the 8
infant was not born in a hospital, to determine if the infant has hearing loss.
253.13 (2) Tests; diagnostic, dietary and follow-up counseling program;
The department shall contract with the state laboratory of hygiene to perform 13
the tests specified under this section subs. (1) and (1m)
and to furnish materials for 14
use in the tests. The department shall provide necessary diagnostic
and follow-up 15
services, special dietary treatment as prescribed by a physician for a patient with a 16
congenital disorder as identified by tests under sub. (1), (1g),
and follow-up 17
counseling for the patient and his or her family. The state laboratory of hygiene 18
board, on behalf of the department, shall impose a fee for tests performed under this
19section the contract
sufficient to pay for services provided under the contract. The 20
state laboratory of hygiene board shall include as part of this fee amounts the 21
department determines are sufficient to fund the provision of diagnostic and 22
counseling services, special dietary treatment, and periodic evaluation of infant 23
screening programs, the costs of consulting with experts under sub. (5), and the costs 24
of administering the congenital disorder program under this section and shall credit 25
these amounts to the appropriation accounts under s. 20.435 (1) (ja) and (jb).
AB488, s. 3
253.13 (3) of the statutes is amended to read:
253.13 (3) Exceptions.
This section shall not apply if the parents or legal 3
guardian of the child object thereto
on the grounds that the test conflicts with their 4
religious tenets and practices. No tests may be performed under sub. (1) or, (1g), or 5
(1m) unless the parents or legal guardian are fully informed of the purposes of testing 6
under this section and have been given reasonable opportunity to object as 7
authorized in this subsection or in sub. (1m) to such tests.
AB488, s. 4
253.13 (4) of the statutes is amended to read:
253.13 (4) Confidentiality of tests and related information.
The state 10
laboratory of hygiene shall provide the test results for testing under subs. (1) and
to the physician, who shall advise the parents or legal guardian of the results. 12The physician, nurse-midwife licensed under s. 441.15, or certified professional
13midwife licensed under s. 440.982 who arranged for testing under sub. (1g) shall
14advise the parents or legal guardian of the test results under sub. (1g).
information obtained under this section from the parents or guardian or from blood
specimens from the infant may be disclosed except for use in statistical data 17
compiled by the department without reference to the identity of any individual and 18
except as provided in s. 146.82 (2). The state laboratory of hygiene board shall 19
provide to the department the names and addresses of parents of infants who have 20
positive test results from tests performed under sub. (1), (1g), or (1m)