| (a) The birthing facility shall inform the parents
during admission that:
(1) the facility is required by law to screen a newborn
or infant for hearing loss; and
(2) the parents may decline the screening.
(b) The birthing facility is responsible for obtaining
and documenting, during admission, on the form referenced in §37.502(3)
of this subchapter (relating to Definitions), consent to release individually
identifying information. Consent may be obtained and stored electronically
and must be documented in the TEHDI MIS. The consent form may be found
at https://dshs.texas.gov/tehdi.
(1) If the birthing facility contracts for hearing
screening services, the birthing facility is responsible for ensuring
its contractor is in compliance with Texas Health and Safety Code
Chapter 47 and this subchapter, as it relates to newborn hearing screening.
(2) If the parent declines the consent to release individually
identifying information during admission, the parent may later consent
to release individually identifying information during subsequent
follow-up screenings or diagnostic evaluations.
(c) Healthcare providers shall document and maintain
consent, if obtained, in the medical record, and the consent must
be provided at the request of the department.
(d) A healthcare provider is not criminally or civilly
liable for furnishing information in good faith to the department
or its designee in accordance with Texas Health and Safety Code §47.009.
(e) At any time, a parent may request in writing to
the department or resource center that individually identifying information
concerning their child be removed from:
(1) the department's TEHDI MIS;
(2) the resource center's records; or
(3) both.
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