                                 CODE OF VIRGINIA

VIRGINIA HEARING LOSS IDENTIFICATION AND MONITORING SYSTEM (§ 32.1-64.1)

A. 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.

B. 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.

C. 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.
			In 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. 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&#8217;s regulations shall establish when the testing shall be offered and
performed and procedures for reporting.
			An 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. 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.

F. 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.

G. In addition, the Board&#8217;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&#8217;s primary care
practitioner, and the Commissioner. The Board may provide guidelines for the
notification process.

H. 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.

HISTORY: 1986, c. 419; 1998, cc. 505, 506, 513; 2004, c. 855; 2009, cc. 813,
840; 2012, c. 147; 2019, c. 288.