(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.

Source Note: The provisions of this §37.503 adopted to be effective December 23, 2020, 45 TexReg 9210