3701-40-02 Hearing screening requirements for hospitals and freestanding birthing centers.

(A) For the purposes of this rule, a “pass” result is defined as appropriate results to either click stimuli presented at thirty-five decibels (35dB nHL) or appropriate responses from the cochlea to a minimum of three frequencies in the range of one thousand to six thousand hertz (1000 to 6000 Hz) in both ears, depending on the reliable physiologic test used.

(B) Each hospital and each freestanding birthing center shall do all of the following:

(1) Designate a hearing screening coordinator who is responsible for the coordination of the facility’s hearing screening program. The coordinator shall be an individual with staff privileges at the facility and either:

(a) A physician or audiologist; or

(b) An individual working under the supervision of a physician or audiologist.

(2) Notify the chief of the bureau of early intervention services, Ohio department of health, of the name of the individual designated as the hearing screening coordinator and the physician or audiologist on an annual basis and whenever the designated individual changes;

(3) Develop a written protocol for conducting hearing screenings to include:

(a) Recommendations from the joint committee on infant hearing “Year 2007 Position Statement: Principles and Guidelines for Early Hearing Detection and Intervention Programs,” unless it would create an undue burden on the hospital or freestanding birthing center to include such recommendations. The complete version of this position statement is published in “Pediatrics” at volume 120, number 4, October 2007, pages 898 to 921. A complete copy of this position statement is also available at www.jcih.org/posstatemts.htm;

(b) A second hearing screening when the newborn or infant does not pass the first hearing screening;

(c) A process for communicating the results of the hearing screening to the attending physician, the certified nurse-midwife or the certified nurse practitioner and parent, guardian, or custodian;

(d) A requirement that the name of the attending physician or the physician’s designee, the certified nurse-midwife or the certified nurse practitioner or the facility where the parent will take the newborn or infant for follow up care after birth be included in the information sent to the Ohio department of health;

(e) A process for providing the parent, guardian or custodian with information on where to obtain an audiologic evaluation if the newborn or infant does not pass the second hearing screening, the importance of making and keeping an appointment for a hearing evaluation, and when practical, assisting the parents in scheduling follow-up appointments before discharge; and

(f) A process for providing each parent, guardian, or custodian with the printed information prepared by the director of health, pursuant to paragraphs (A) and (B) of rule 3701-40-10 of the Administrative Code, and obtain a signature indicating such receipt before discharge.

(4) Communicate the results of the hearing screening and required information prepared by the director of health pursuant to paragraph (A) of rule 3702-40-10 of the Administrative Code to each parent, guardian, or custodian before discharge of the newborn or infant.

(C) Except as provided in rule 3701-40-04 of the Administrative Code or paragraph (D) of this rule, each hospital and each freestanding birthing center shall conduct a hearing screening on each newborn or infant born in the hospital or freestanding birthing center prior to the discharge of such newborn or infant. If the newborn or infant does not pass the first screening, the hospital or freestanding birthing center shall conduct a second hearing screening prior to discharge.

(D) If the newborn or infant is transferred to another hospital, the transferring hospital or freestanding birthing center must document when a hearing screening has been conducted on the newborn or infant. If a hearing screening was not conducted before the newborn or infant was transferred, it is the responsibility of the receiving hospital to conduct the hearing screening, including a second screening when necessary, prior to the newborn’s or infant’s discharge from the receiving hospital, or when determined to be medically appropriate.

(E) The hospital or freestanding birthing center that conducts a hearing screening on a newborn or infant shall:

(1) Notify the newborn’s or infant’s attending physician, certified nurse-midwife or certified nurse practitioner or the facility where the parent will take the newborn or infant for care after hospital discharge of the screening results in accordance with the protocol established pursuant to paragraphs (B)(3) and (B)(4) of this rule.

(2) Notify the department of health of the newborn’s or infant’s screening results within ten calendar days from when the hearing screening was conducted in accordance with rule 3701-40-08 of the Administrative Code.

(F) Each hospital and freestanding birthing center shall refer any newborn or infant who does not pass a second hearing screening for a hearing evaluation.

(1) Each hospital and freestanding birthing center shall provide parents with a written list of providers and healthcare facilities that conduct hearing evaluations, located within a sixty-mile radius of the newborn’s or infant’s home address, if the address is in Ohio. This list may include the referring hospital itself, if diagnostic audiologic services are provided.

(2) If the infant’s or newborn’s home address is outside of Ohio, the hospital and freestanding birthing center shall report the screening results and patient-identifying information to the director.

(3) The provider or healthcare facility that conducts a hearing evaluation of a newborn or infant referred to such provider or health care facility under this paragraph shall report the results of the hearing evaluation to the newborn’s or infant’s attending physician, certified nurse-midwife or certified nurse practitioner and to the director. Unless it creates an undue hardship with the health care provider or facility, the follow-up hearing evaluation shall be consistent with the recommended protocol in the joint committee on infant hearing “Year 2007 Position Statement: Principles and Guidelines for Early Detection and Intervention Programs,” which includes the following guidelines:

(a) If the hospital screening included an auditory brainstem response (ABR) measurement, the follow-up audiological testing must include the ABR measurement;

(b) Follow-up audiological testing should assess both ears even if only one ear did not pass the inpatient hospital screening;

(c) Follow-up audiological testing should include a battery of test procedures to assess the integrity of the auditory system, estimate hearing sensitivity and determine the type of hearing loss; and

(d) Follow-up audiological testing conducted more than one month following the infant’s discharge from the hospital or birthing facility must include an auditory brainstem response (ABR) measurement.

The complete version of this position statement is published in “Pediatrics” at volume 120, number 4, October 2007, pages 898 to 921. A complete copy of this position statement is also available at www.jcih.org/posstatemts.htm.

Effective: 05/19/2008

R.C. 119.032 review dates: 02/01/2008 and 01/01/2013

Promulgated Under: 119.03

Statutory Authority: 3701.508

Rule Amplifies: 3701.504, 3701.505, 3701.508

Prior Effective Dates: 2/1/2003