The following words and terms, when used in this subchapter,
shall have the following meanings, unless the context clearly indicates
(1) Birthing facility:
(A) a hospital licensed under Texas Health and Safety
Code Chapter 241 that offers obstetrical services;
(B) a birthing center licensed under Texas Health and
Safety Code Chapter 244;
(C) a children's hospital licensed under Texas Health
and Safety Code Chapter 241 that offers obstetrical or neonatal intensive
care unit services or both; or
(D) a facility maintained or operated by this state
or an agency of this state that provides obstetrical services.
(2) Consent--Permission related to the release of individually
identifying information that may be disclosed to the department or
(3) Consent form (form)--A form that contains required
language prescribed by the department found at https://www.dshs.texas.gov/tehdi
to capture consent, as defined in this subchapter.
(4) Department--The Department of State Health Services.
(5) ECI--Early Childhood Intervention. The early intervention
services described in Part C Early Childhood Intervention, Individuals
with Disabilities Education Act, 20 United States Code §§1431-1443.
(6) Follow-up care--Additional screening, diagnostic
audiological evaluation, or intervention services to include medical
and therapeutic treatment services for newborns or infants who do
not pass the initial hearing screening.
(7) Healthcare provider--Any licensed professional
along the hearing continuum, including:
(A) a registered nurse recognized as an advanced practice
registered nurse by the Texas Board of Nursing or a physician assistant
licensed by the Texas Physician Assistant Board;
(B) a midwife, as defined by Texas Occupations Code §203.002,
including a nurse midwife described by Texas Occupations Code §301.152;
(C) a physician who is licensed to practice medicine
by the Texas Medical Board; or
(D) a licensed audiologist, as defined by Texas Occupations
Code Chapter 401.
(8) Hearing loss--A hearing threshold greater than
15 dB hearing level in the frequency region important for speech recognition
and comprehension in one or both ears that is confirmed by a diagnostic
(9) Hearing screening--The initial physiologic measurement
of hearing to identify an increased risk for hearing loss before birthing
(10) Individually identifying information--Confidential
information that identifies the parent or newborn.
(11) Infant--A child who is at least 30 days old but
who is younger than 24 months old.
(12) Newborn--A child younger than 30 days old.
(13) Parent--A natural parent, stepparent, adoptive
parent, legal guardian, or other legal custodian of a child.
(14) Protocols--Guidelines or procedures based on the
latest Joint Committee on Infant Hearing position statement, found
at http://www.jcih.org/posstatemts.htm, as updated, used by programs
to conduct newborn hearing screening.
(15) Resource center--Primary statewide resource center
as defined by Texas Education Code §30.051.
(16) TEHDI MIS--Texas Early Hearing Detection and Intervention
Management Information System. The department's central information
source of results and referrals related to newborn hearing screens,
audiological evaluations, and any type of intervention for newborns