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.
AB488,1,2 1An Act to amend 253.13 (2), 253.13 (3) and 253.13 (4); and to create 253.13 (1g)
2of 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
1Section 1. 253.13 (1g) of the statutes is created to read:
AB488,2,22 253.13 (1g) Hearing screening. (a) In this subsection:
AB488,2,33 1. "Hearing loss" has the meaning given in s. 253.115 (1) (a).
AB488,2,44 2. "Hospital" has the meaning given in s. 50.33 (2).
AB488,2,85 (b) The physician, nurse-midwife licensed under s. 441.15, or certified
6professional midwife licensed under s. 440.982 who attended the birth shall arrange
7for the infant to be tested before hospital discharge, or within 30 days of birth if the
8infant was not born in a hospital, to determine if the infant has hearing loss.
AB488, s. 2 9Section 2. 253.13 (2) of the statutes, as affected by 2009 Wisconsin Act 28, is
10amended to read:
AB488,2,2511 253.13 (2) Tests; diagnostic, dietary and follow-up counseling program;
12fees.
The department shall contract with the state laboratory of hygiene to perform
13the tests specified under this section subs. (1) and (1m) and to furnish materials for
14use in the tests. The department shall provide necessary diagnostic and follow-up
15services, special dietary treatment as prescribed by a physician for a patient with a
16congenital disorder as identified by tests under sub. (1), (1g), or (1m), and follow-up
17counseling for the patient and his or her family. The state laboratory of hygiene
18board, 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
20state laboratory of hygiene board shall include as part of this fee amounts the
21department determines are sufficient to fund the provision of diagnostic and
22counseling services, special dietary treatment, and periodic evaluation of infant
23screening programs, the costs of consulting with experts under sub. (5), and the costs
24of administering the congenital disorder program under this section and shall credit
25these amounts to the appropriation accounts under s. 20.435 (1) (ja) and (jb).
AB488, s. 3
1Section 3. 253.13 (3) of the statutes is amended to read:
AB488,3,72 253.13 (3) Exceptions. This section shall not apply if the parents or legal
3guardian of the child object thereto on the grounds that the test conflicts with their
4religious 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
6under this section and have been given reasonable opportunity to object as
7authorized in this subsection or in sub. (1m) to such tests.
AB488, s. 4 8Section 4. 253.13 (4) of the statutes is amended to read:
AB488,3,209 253.13 (4) Confidentiality of tests and related information. The state
10laboratory of hygiene shall provide the test results for testing under subs. (1) and
11(1m)
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).
No
15information obtained under this section from the parents or guardian or from blood
16or urine
specimens from the infant may be disclosed except for use in statistical data
17compiled by the department without reference to the identity of any individual and
18except as provided in s. 146.82 (2). The state laboratory of hygiene board shall
19provide to the department the names and addresses of parents of infants who have
20positive test results from tests performed under sub. (1), (1g), or (1m).
AB488,3,2121 (End)
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