DAR File No. 31651

Health, Community and Family Health Services, Children with Special Health Care Needs

R398-2

Newborn Hearing Screening

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 31651
Filed: 07/02/2008, 12:29
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

The Newborn Hearing Screening (NHS) rule was enacted under Section 26-10-6, Testing of newborn infants, which requires that each newborn infant in Utah shall have their hearing screened. The purpose of this rule is to facilitate early detection, diagnosis, appropriate amplification, and early intervention for children with hearing loss. If children with hearing loss are identified early, an estimated $400,000 per child can be saved in special education and related costs (National Center for Hearing Assessment and Management (NCHAM) website: www.infanthearing.org). If hearing impaired children are not identified early, it is difficult for many to acquire fundamental language and literacy skills that provide the foundation for success later in life. When this rule was initially adopted, Utah was among a handful of states with legislative mandates for newborn hearing screening. Currently, there are 42 states and 3 territories that mandate newborn hearing screening. Utah currently screens over 98% of the live births, including home births. Consequently, the department is authorized to adopt rules on the hearing testing of newborn infants required by Section 26-10-6.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Prior to enacting this rule, Utah relied on a High Risk Registry to help identify hearing loss in infants. Research has consistently shown that over half of the babies born with hearing loss have no "high risk" indicators. Prior to this legislation, the average age of identification for hearing loss in children was from two-and-a-half to three-and-a-half years old. Children identified at this late age miss a "critical period" for speech and language development. In Utah, we are now identifying children between three and four months of age. When early identification and intervention occurs (prior to six months), hearing impaired children make dramatic progress, are more successful in school, and become more productive members of society. The department cannot assure the proper screening, testing, and follow-up of of every newborn infant in Utah without establishing, by rule, the definitions, and implementation, responsibility, information required for parents and primary care providers, reporting formats, and penalties for noncompliance. For these reasons, Rule R398-2 must be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Community and Family Health Services, Children with Special Health Care Needs
44 N MEDICAL DR
SALT LAKE CITY UT 84113

Direct questions regarding this rule to:

Richard S. Harward at the above address, by phone at 801-584-8529, by FAX at 801-584-8492, or by Internet E-mail at rharward@utah.gov

Authorized by:

David N. Sundwall, Executive Director