March 2, 2010 - Offered by Senator Lassa.
SB323-SSA1,1,4 1An Act to amend 20.435 (1) (ja), 20.435 (1) (jb), 253.115 (title) and 253.13 (2);
2and to create 253.115 (1) (title), 253.115 (2) (title), 253.115 (3) (title) and
3253.115 (4), (5), (6), (7) and (8) of the statutes; relating to: requiring newborn
4hearing screening and making an appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB323-SSA1, s. 1 5Section 1. 20.435 (1) (ja) of the statutes, as affected by 2009 Wisconsin Act 28,
6is amended to read:
SB323-SSA1,2,27 20.435 (1) (ja) Congenital disorders; diagnosis, special dietary treatment and
8counseling.
The amounts in the schedule to provide diagnostic services, special
9dietary treatment, and follow-up counseling for congenital disorders and periodic
10evaluation of infant screening programs as specified under s. 253.13 and to provide
11diagnostic services and referrals under s. 253.115
. All moneys received by the

1department under s. 253.13 (2), less the amounts appropriated under par. (jb), shall
2be credited to this appropriation account.
SB323-SSA1, s. 2 3Section 2. 20.435 (1) (jb) of the statutes is amended to read:
SB323-SSA1,2,74 20.435 (1) (jb) Congenital disorders; operations. From all moneys received
5under s. 253.13 (2), the amounts in the schedule to be used to administer the program
6programs under s. ss. 253.115 and 253.13 and for the costs of consulting with
7appropriate experts as specified in s. 253.13 (5).
SB323-SSA1, s. 3 8Section 3. 253.115 (title) of the statutes is amended to read:
SB323-SSA1,2,9 9253.115 (title) Newborn hearing screening programs.
SB323-SSA1, s. 4 10Section 4. 253.115 (1) (title) of the statutes is created to read:
SB323-SSA1,2,1111 253.115 (1) (title) Definitions.
SB323-SSA1, s. 5 12Section 5. 253.115 (2) (title) of the statutes is created to read:
SB323-SSA1,2,1313 253.115 (2) (title) Screening program report.
SB323-SSA1, s. 6 14Section 6. 253.115 (3) (title) of the statutes is created to read:
SB323-SSA1,2,1515 253.115 (3) (title) Hospital screening program.
SB323-SSA1, s. 7 16Section 7. 253.115 (4), (5), (6), (7) and (8) of the statutes are created to read:
SB323-SSA1,2,2117 253.115 (4) Screening required. Except as provided in sub. (6), the physician,
18nurse-midwife licensed under s. 441.15, or certified professional midwife licensed
19under s. 440.982 who attended the birth shall ensure that the infant is screened for
20hearing loss before being discharged from a hospital, or within 30 days of birth if the
21infant was not born in a hospital.
SB323-SSA1,2,24 22(5) Diagnostic and follow-up services. The department shall provide
23necessary services for confirmation of the presence of hearing loss and referral to
24intervention programs.
SB323-SSA1,3,3
1(6) Exceptions. (a) Subsection (4) does not apply if the parents or legal
2guardian of the child object to a screen for hearing loss on the grounds that the test
3conflicts with their religious tenets and practices.
SB323-SSA1,3,64 (b) No screening may be performed under sub. (4) unless the parents or legal
5guardian are fully informed of the purposes of a screen for hearing loss and have been
6given reasonable opportunity to object under par. (a) to the screen.
SB323-SSA1,3,10 7(7) Screening results. (a) The physician, nurse-midwife licensed under s.
8441.15, or certified professional midwife licensed under s. 440.982 who is required
9to ensure that the infant is screened for hearing loss under sub. (4) shall do all of the
10following:
SB323-SSA1,3,1111 1. Ensure the parents or legal guardian are advised of the screening results.
SB323-SSA1,3,1412 2. If the infant has an abnormal hearing screening result, ensure the parents
13or legal guardian are provided information on available resources for diagnosis and
14treatment of hearing loss.
SB323-SSA1,3,1615 3. Send to the state laboratory of hygiene board screening results and the
16infant's risk factors to contract a hearing loss.
SB323-SSA1,3,1817 (b) The state laboratory of hygiene board shall send the information provided
18under par. (a) 3. to the department.
SB323-SSA1,3,22 19(8) Confidentiality. Except as provided under pars. (a) 3. and (b), no
20information obtained under this section from the parents or legal guardian may be
21disclosed except for use in statistical data compiled by the department without
22reference to the identity of any individual and except as provided in s. 146.82 (2).
SB323-SSA1, s. 8 23Section 8. 253.13 (2) of the statutes, as affected by 2009 Wisconsin Act 28, is
24amended to read:
SB323-SSA1,4,16
1253.13 (2) Tests; diagnostic, dietary and follow-up counseling program;
2fees.
The department shall contract with the state laboratory of hygiene to perform
3the tests specified under this section and to furnish materials for use in the tests.
4The department shall provide necessary diagnostic services, special dietary
5treatment as prescribed by a physician for a patient with a congenital disorder as
6identified by tests under sub. (1) or (1m) and follow-up counseling for the patient and
7his or her family. The state laboratory of hygiene board, on behalf of the department,
8shall impose a fee for tests performed under this section sufficient to pay for services
9provided under the contract. The state laboratory of hygiene board shall include as
10part of this fee amounts the department determines are sufficient to fund the
11provision of diagnostic and counseling services, special dietary treatment, and
12periodic evaluation of infant screening programs, the costs of consulting with experts
13under sub. (5), the costs of administering the hearing screening program under s.
14253.115,
and the costs of administering the congenital disorder program under this
15section and shall credit these amounts to the appropriation accounts under s. 20.435
16(1) (ja) and (jb).
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