{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-64.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-64.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-64.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-64.1.html"}],"law_id":62100,"edition_id":1,"section_id":62100,"structure_id":15952,"section_number":"32.1-64.1","catch_line":"Virginia Hearing Loss Identification and Monitoring System","history":"1986, c. 419; 1998, cc. 505, 506, 513; 2004, c. 855; 2009, cc. 813, 840; 2012, c. 147; 2019, c. 288.","full_text":"A\n\nIn order to identify hearing loss at the earliest possible age among newborns and to provide early intervention for all infants so identified as having hearing loss, the Commissioner shall establish and maintain the Virginia Hearing Loss Identification and Monitoring System. This system shall be for the purpose of identifying and monitoring infants with hearing loss to ensure that such infants receive appropriate early intervention through treatment, therapy, training, and education.B\n\nThe Virginia Hearing Loss Identification and Monitoring System shall be initiated in all hospitals with neonatal intensive care services, in all hospitals in the Commonwealth having newborn nurseries, and in other birthing places or centers in the Commonwealth.C\n\nIn all hospitals with neonatal intensive care services, the chief medical officer of such hospitals or his designee shall identify infants at risk of hearing loss using criteria established by the Board. Beginning on July 1, 1999, all infants shall be given a hearing screening test, regardless of whether or not the infant is at risk of hearing loss, by the chief medical officer or his designee using methodology approved by the Board. The test shall take place before the infant is discharged from the hospital to the care of the parent or guardian or as the Board may by regulation provide.\n\t\t\tIn all other hospitals and other birthing places or centers, the chief medical officer or his designee or the attending practitioner shall identify infants at risk of hearing loss using criteria established by the Board.D\n\nBeginning on July 1, 2000, the Board shall provide by regulation for the giving of hearing screening tests for all infants born in all hospitals. The Board’s regulations shall establish when the testing shall be offered and performed and procedures for reporting.\n\t\t\tAn infant whose hearing screening indicates the need for a diagnostic audiological examination shall be offered such examination at a center approved by the Board of Health. As a condition of such approval, such centers shall maintain suitable audiological support and medical and educational referral practices.E\n\nThe Commissioner shall appoint an advisory committee to assist in the design, implementation, and revision of this identification and monitoring system. The advisory committee shall meet at least four times per year. A chairman shall be elected annually by the advisory committee. The Department of Health shall provide support services to the advisory committee. The advisory committee shall consist of representatives from relevant groups including, but not limited to, the health insurance industry; physicians, including at least one pediatrician or family practitioner, one otolaryngologist, and one neonatologist; nurses representing newborn nurseries; audiologists; hearing aid dealers and fitters; teachers of the deaf and hard of hearing; parents of children who are deaf or hard of hearing; adults who are deaf or hard of hearing; hospital administrators; and personnel of appropriate state agencies, including the Department of Medical Assistance Services, the Department of Education, and the Department for the Deaf and Hard-of-Hearing. The Department of Education, the Department for the Deaf and Hard-of-Hearing, and the Department of Behavioral Health and Developmental Services shall cooperate with the Commissioner and the Board in implementing this system.F\n\nWith the assistance of the advisory committee, the Board shall promulgate such rules and regulations as may be necessary to implement this identification and monitoring system. These rules and regulations shall include criteria, including current screening methodology, for the identification of infants (i) with hearing loss and (ii) at risk of hearing loss and shall include the scope of the information to be reported, reporting forms, screening protocols, appropriate mechanisms for follow-up, relationships between the identification and monitoring system and other state agency programs or activities, and mechanisms for review and evaluation of the activities of the system. The identification and monitoring system shall collect the name, address, sex, race, and any other information determined to be pertinent by the Board, for infants who are screened pursuant to this section.G\n\nIn addition, the Board’s regulations shall provide that any person making a determination that an infant (i) is at risk for hearing loss, (ii) has failed to pass a hearing screening, or (iii) was not successfully tested shall notify the parent or guardian of the infant, the infant’s primary care practitioner, and the Commissioner. The Board may provide guidelines for the notification process.H\n\nNo testing required to be performed or offered by this section shall be performed if the parents of the infant object to the test based on their bona fide religious convictions.","order_by":null,"text":{"0":{"id":226586,"text":"In order to identify hearing loss at the earliest possible age among newborns and to provide early intervention for all infants so identified as having hearing loss, the Commissioner shall establish and maintain the Virginia Hearing Loss Identification and Monitoring System. This system shall be for the purpose of identifying and monitoring infants with hearing loss to ensure that such infants receive appropriate early intervention through treatment, therapy, training, and education.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":226587,"text":"The Virginia Hearing Loss Identification and Monitoring System shall be initiated in all hospitals with neonatal intensive care services, in all hospitals in the Commonwealth having newborn nurseries, and in other birthing places or centers in the Commonwealth.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":226588,"text":"In all hospitals with neonatal intensive care services, the chief medical officer of such hospitals or his designee shall identify infants at risk of hearing loss using criteria established by the Board. Beginning on July 1, 1999, all infants shall be given a hearing screening test, regardless of whether or not the infant is at risk of hearing loss, by the chief medical officer or his designee using methodology approved by the Board. The test shall take place before the infant is discharged from the hospital to the care of the parent or guardian or as the Board may by regulation provide.\n\t\t\tIn all other hospitals and other birthing places or centers, the chief medical officer or his designee or the attending practitioner shall identify infants at risk of hearing loss using criteria established by the Board.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":226589,"text":"Beginning on July 1, 2000, the Board shall provide by regulation for the giving of hearing screening tests for all infants born in all hospitals. The Board’s regulations shall establish when the testing shall be offered and performed and procedures for reporting.\n\t\t\tAn infant whose hearing screening indicates the need for a diagnostic audiological examination shall be offered such examination at a center approved by the Board of Health. As a condition of such approval, such centers shall maintain suitable audiological support and medical and educational referral practices.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":226590,"text":"The Commissioner shall appoint an advisory committee to assist in the design, implementation, and revision of this identification and monitoring system. The advisory committee shall meet at least four times per year. A chairman shall be elected annually by the advisory committee. The Department of Health shall provide support services to the advisory committee. The advisory committee shall consist of representatives from relevant groups including, but not limited to, the health insurance industry; physicians, including at least one pediatrician or family practitioner, one otolaryngologist, and one neonatologist; nurses representing newborn nurseries; audiologists; hearing aid dealers and fitters; teachers of the deaf and hard of hearing; parents of children who are deaf or hard of hearing; adults who are deaf or hard of hearing; hospital administrators; and personnel of appropriate state agencies, including the Department of Medical Assistance Services, the Department of Education, and the Department for the Deaf and Hard-of-Hearing. The Department of Education, the Department for the Deaf and Hard-of-Hearing, and the Department of Behavioral Health and Developmental Services shall cooperate with the Commissioner and the Board in implementing this system.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":226591,"text":"With the assistance of the advisory committee, the Board shall promulgate such rules and regulations as may be necessary to implement this identification and monitoring system. These rules and regulations shall include criteria, including current screening methodology, for the identification of infants (i) with hearing loss and (ii) at risk of hearing loss and shall include the scope of the information to be reported, reporting forms, screening protocols, appropriate mechanisms for follow-up, relationships between the identification and monitoring system and other state agency programs or activities, and mechanisms for review and evaluation of the activities of the system. The identification and monitoring system shall collect the name, address, sex, race, and any other information determined to be pertinent by the Board, for infants who are screened pursuant to this section.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":226592,"text":"In addition, the Board’s regulations shall provide that any person making a determination that an infant (i) is at risk for hearing loss, (ii) has failed to pass a hearing screening, or (iii) was not successfully tested shall notify the parent or guardian of the infant, the infant’s primary care practitioner, and the Commissioner. The Board may provide guidelines for the notification process.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":226593,"text":"No testing required to be performed or offered by this section shall be performed if the parents of the infant object to the test based on their bona fide religious convictions.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":15952,"edition_id":1,"name":"Virginia Hearing Loss Identification and Monitoring System","identifier":"6.1","label":"article","depth":3,"order_by":1,"parent_id":13607,"metadata":{},"date_created":"2026-06-26 04:02:36","date_modified":"2026-06-26 04:02:36","permalink":{"id":202205,"object_type":"structure","relational_id":15952,"identifier":"6.1","token":"32.1\/2\/6.1","url":"\/32.1\/2\/6.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13607,"edition_id":1,"name":"Disease Prevention and Control","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:45:22","date_modified":"2026-06-26 03:45:22","permalink":{"id":201743,"object_type":"structure","relational_id":13607,"identifier":"2","token":"32.1\/2","url":"\/32.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":62100,"structure_id":15952,"section_number":"32.1-64.1","catch_line":"Virginia Hearing Loss Identification and Monitoring System","url":"\/32.1-64.1\/","token":"32.1\/2\/6.1\/32.1-64.1","metadata":false},{"id":80178,"structure_id":15952,"section_number":"32.1-64.2","catch_line":"Confidentiality of records; publication; Commissioner required to contact parents, physicians, and relevant local early intervention program","url":"\/32.1-64.2\/","token":"32.1\/2\/6.1\/32.1-64.2","metadata":false}],"next_section":{"id":80178,"structure_id":15952,"section_number":"32.1-64.2","catch_line":"Confidentiality of records; publication; Commissioner required to contact parents, physicians, and relevant local early intervention program","url":"\/32.1-64.2\/","token":"32.1\/2\/6.1\/32.1-64.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-64.1\/","history_text":"

This law was first created in 1986. The record of its establishment is cataloged in chapter 419 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1986 \u201cActs\u201d aren\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1998, chapters 505<\/a>, 506<\/a>, and 513<\/a>; in 2004, chapter 855<\/a>; in 2009, chapters 813<\/a> and 840<\/a>; in 2012, chapter 147<\/a>; in 2019, chapter 288<\/a>.<\/p>","references":[{"id":68317,"section_number":"2.2-2818","catch_line":"Health and related insurance for state employees","order_by":null,"url":"\/2.2-2818\/"},{"id":77747,"section_number":"32.1-325","catch_line":"Board to submit plan for medical assistance services to U.S. Secretary of Health and Human Services pursuant to federal law; administration of plan; contracts with health care providers","order_by":null,"url":"\/32.1-325\/"},{"id":70560,"section_number":"32.1-46.01","catch_line":"Virginia Immunization Information System","order_by":null,"url":"\/32.1-46.01\/"},{"id":80178,"section_number":"32.1-64.2","catch_line":"Confidentiality of records; publication; Commissioner required to contact parents, physicians, and relevant local early intervention program","order_by":null,"url":"\/32.1-64.2\/"},{"id":86598,"section_number":"38.2-3411.4","catch_line":"Coverage for infant hearing screening and related diagnostics","order_by":null,"url":"\/38.2-3411.4\/"}],"refers_to":false,"permalink":{"id":202207,"object_type":"law","relational_id":62100,"identifier":"32.1-64.1","token":"32.1\/2\/6.1\/32.1-64.1","url":"\/32.1-64.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-64.1\/","token":"32.1\/2\/6.1\/32.1-64.1","dublin_core":{"Title":"Virginia Hearing Loss Identification and Monitoring System","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-64.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In order<\/span> to identify hearing<\/span> loss at the earliest possible age among newborns and to provide early intervention for all infants so identified as having hearing<\/span> loss, the Commissioner<\/span> shall establish and maintain the Virginia Hearing<\/span> Loss Identification and Monitoring System. This system shall be for the purpose of identifying and monitoring infants with hearing<\/span> loss to ensure that such infants receive appropriate early intervention through treatment, therapy, training, and education. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Virginia Hearing<\/span> Loss Identification and Monitoring System shall be initiated in all hospitals with neonatal intensive care services, in all hospitals in the Commonwealth having newborn nurseries, and in other birthing places or centers in the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In all hospitals with neonatal intensive care services, the chief medical officer of such hospitals or his designee shall identify infants at risk of hearing<\/span> loss using criteria established by the Board<\/span>. Beginning on July 1, 1999, all infants shall be given a hearing<\/span> screening test, regardless of whether or not the infant is at risk of hearing<\/span> loss, by the chief medical officer or his designee using methodology approved by the Board<\/span>. The test shall take place before the infant is discharged from the hospital to the care of the parent or guardian or as the Board<\/span> may by regulation provide.\n\t\t\tIn all other hospitals and other birthing places or centers, the chief medical officer or his designee or the attending practitioner shall identify infants at risk of hearing<\/span> loss using criteria established by the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Beginning on July 1, 2000, the Board<\/span> shall provide by regulation for the giving of hearing<\/span> screening tests for all infants born in all hospitals. The Board<\/span>’s regulations shall establish when the testing shall be offered and performed and procedures for reporting.\n\t\t\tAn infant whose hearing<\/span> screening indicates the need for a diagnostic audiological examination shall be offered such examination at a center approved by the Board<\/span> of Health. As a condition of such approval, such centers shall maintain suitable audiological support and medical and educational referral practices. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Commissioner<\/span> shall appoint an advisory committee to assist in the design, implementation, and revision of this identification and monitoring system. The advisory committee shall meet at least four times per year. A chairman shall be elected annually by the advisory committee. The Department<\/span> of Health shall provide support services to the advisory committee. The advisory committee shall consist of representatives from relevant groups including, but not limited to, the health insurance industry; physicians, including at least one pediatrician or family practitioner, one otolaryngologist, and one neonatologist; nurses representing newborn nurseries; audiologists; hearing<\/span> aid dealers and fitters; teachers of the deaf and hard of hearing<\/span>; parents of children who are deaf or hard of hearing<\/span>; adults who are deaf or hard of hearing<\/span>; hospital administrators; and personnel of appropriate state agencies, including the Department<\/span> of Medical Assistance Services, the Department<\/span> of Education, and the Department<\/span> for the Deaf and Hard-of-Hearing<\/span>. The Department<\/span> of Education, the Department<\/span> for the Deaf and Hard-of-Hearing<\/span>, and the Department<\/span> of Behavioral Health and Developmental Services shall cooperate with the Commissioner<\/span> and the Board<\/span> in implementing this system. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> With the assistance of the advisory committee, the Board<\/span> shall promulgate such rules and regulations as may be necessary to implement this identification and monitoring system. These rules and regulations shall include criteria, including current screening methodology, for the identification of infants (i) with hearing<\/span> loss and (ii) at risk of hearing<\/span> loss and shall include the scope of the information to be reported, reporting forms, screening protocols, appropriate mechanisms for follow-up, relationships between the identification and monitoring system and other state agency programs or activities, and mechanisms for review and evaluation of the activities of the system. The identification and monitoring system shall collect the name, address, sex, race, and any other information determined to be pertinent by the Board<\/span>, for infants who are screened pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> In addition, the Board<\/span>’s regulations shall provide that any person<\/span> making a determination that an infant (i) is at risk for hearing<\/span> loss, (ii) has failed to pass a hearing<\/span> screening, or (iii) was not successfully tested shall notify the parent or guardian of the infant, the infant’s primary care practitioner, and the Commissioner<\/span>. The Board<\/span> may provide guidelines for the notification process. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> No testing required to be performed or offered by this section shall be performed if the parents of the infant object<\/span> to the test based on their bona fide religious convictions<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nVIRGINIA HEARING LOSS IDENTIFICATION AND MONITORING SYSTEM (\u00a7 32.1-64.1)\n\nA. In order to identify hearing loss at the earliest possible age among newborns\nand to provide early intervention for all infants so identified as having\nhearing loss, the Commissioner shall establish and maintain the Virginia Hearing\nLoss Identification and Monitoring System. This system shall be for the purpose\nof identifying and monitoring infants with hearing loss to ensure that such\ninfants receive appropriate early intervention through treatment, therapy,\ntraining, and education.\n\nB. The Virginia Hearing Loss Identification and Monitoring System shall be\ninitiated in all hospitals with neonatal intensive care services, in all\nhospitals in the Commonwealth having newborn nurseries, and in other birthing\nplaces or centers in the Commonwealth.\n\nC. In all hospitals with neonatal intensive care services, the chief medical\nofficer of such hospitals or his designee shall identify infants at risk of\nhearing loss using criteria established by the Board. Beginning on July 1, 1999,\nall infants shall be given a hearing screening test, regardless of whether or\nnot the infant is at risk of hearing loss, by the chief medical officer or his\ndesignee using methodology approved by the Board. The test shall take place\nbefore the infant is discharged from the hospital to the care of the parent or\nguardian or as the Board may by regulation provide.\n\t\t\tIn all other hospitals and other birthing places or centers, the chief\nmedical officer or his designee or the attending practitioner shall identify\ninfants at risk of hearing loss using criteria established by the Board.\n\nD. Beginning on July 1, 2000, the Board shall provide by regulation for the\ngiving of hearing screening tests for all infants born in all hospitals. The\nBoard’s regulations shall establish when the testing shall be offered and\nperformed and procedures for reporting.\n\t\t\tAn infant whose hearing screening indicates the need for a diagnostic\naudiological examination shall be offered such examination at a center approved\nby the Board of Health. As a condition of such approval, such centers shall\nmaintain suitable audiological support and medical and educational referral\npractices.\n\nE. The Commissioner shall appoint an advisory committee to assist in the design,\nimplementation, and revision of this identification and monitoring system. The\nadvisory committee shall meet at least four times per year. A chairman shall be\nelected annually by the advisory committee. The Department of Health shall\nprovide support services to the advisory committee. The advisory committee shall\nconsist of representatives from relevant groups including, but not limited to,\nthe health insurance industry; physicians, including at least one pediatrician\nor family practitioner, one otolaryngologist, and one neonatologist; nurses\nrepresenting newborn nurseries; audiologists; hearing aid dealers and fitters;\nteachers of the deaf and hard of hearing; parents of children who are deaf or\nhard of hearing; adults who are deaf or hard of hearing; hospital\nadministrators; and personnel of appropriate state agencies, including the\nDepartment of Medical Assistance Services, the Department of Education, and the\nDepartment for the Deaf and Hard-of-Hearing. The Department of Education, the\nDepartment for the Deaf and Hard-of-Hearing, and the Department of Behavioral\nHealth and Developmental Services shall cooperate with the Commissioner and the\nBoard in implementing this system.\n\nF. With the assistance of the advisory committee, the Board shall promulgate\nsuch rules and regulations as may be necessary to implement this identification\nand monitoring system. These rules and regulations shall include criteria,\nincluding current screening methodology, for the identification of infants (i)\nwith hearing loss and (ii) at risk of hearing loss and shall include the scope\nof the information to be reported, reporting forms, screening protocols,\nappropriate mechanisms for follow-up, relationships between the identification\nand monitoring system and other state agency programs or activities, and\nmechanisms for review and evaluation of the activities of the system. The\nidentification and monitoring system shall collect the name, address, sex, race,\nand any other information determined to be pertinent by the Board, for infants\nwho are screened pursuant to this section.\n\nG. In addition, the Board’s regulations shall provide that any person\nmaking a determination that an infant (i) is at risk for hearing loss, (ii) has\nfailed to pass a hearing screening, or (iii) was not successfully tested shall\nnotify the parent or guardian of the infant, the infant’s primary care\npractitioner, and the Commissioner. The Board may provide guidelines for the\nnotification process.\n\nH. No testing required to be performed or offered by this section shall be\nperformed if the parents of the infant object to the test based on their bona\nfide religious convictions.\n\nHISTORY: 1986, c. 419; 1998, cc. 505, 506, 513; 2004, c. 855; 2009, cc. 813,\n840; 2012, c. 147; 2019, c. 288.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}