The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
  (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 resource center.
  (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 audiological evaluation.
  (9) Hearing screening--The initial physiologic measurement of hearing to identify an increased risk for hearing loss before birthing facility discharge.
  (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 or infants.

Source Note: The provisions of this §37.502 adopted to be effective December 23, 2020, 45 TexReg 9210