BILL NUMBER: AB 2072 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 20, 2010
AMENDED IN SENATE AUGUST 17, 2010
AMENDED IN SENATE AUGUST 2, 2010
AMENDED IN SENATE JUNE 9, 2010
AMENDED IN ASSEMBLY APRIL 27, 2010
AMENDED IN ASSEMBLY APRIL 13, 2010
AMENDED IN ASSEMBLY APRIL 5, 2010
INTRODUCED BY Assembly Member Mendoza
FEBRUARY 18, 2010
An act to add Sections 124121 and 124122 to the Health and Safety
Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 2072, as amended, Mendoza. Hearing screening: resources and
services.
Existing law, the Newborn and Infant Hearing Screening, Tracking,
and Intervention Act, requires every general acute care hospital with
licensed perinatal services to offer every newborn a hearing
screening test for the identification of hearing loss, as specified,
and provide written information on the availability of community
resources and services for children with hearing loss to the parents
of those who are diagnosed with a hearing loss.
Existing law, the California Early Intervention Services Act,
commonly known as the Early Start Program, provides various early
intervention services for infants and toddlers who have disabilities
to enhance their development and to minimize the potential for
developmental delays.
This bill would also require that the State Department of
Education develop an informational pamphlet, as specified, for
newborns and infants identified as deaf or hard of hearing, that is
about visual and auditory communication and language options and that
would help a parent make informed decisions for his or her child.
This bill would require the department to convene an advisory
stakeholder panel, composed as prescribed, to develop and revise the
informational pamphlet, as specified, until January 1, 2017. This
bill would require that the informational pamphlet be provided to
parents of all newborns and infants identified as deaf or hard of
hearing by an audiologist immediately upon identification of a
newborn or infant as deaf or hard of hearing, and by a local provider
for the Early Start Program upon initial contact with the parents of
a newborn or infant newly identified as deaf or hard of hearing.
This bill would require the audiologist to note in the newborn's
or infant's record that the parent has received the informational
pamphlet and, during the course of evaluation and
treatment, to inform and counsel the parent of all available
communication options. This bill would require the
informational pamphlet to be made available in Cantonese, English,
Spanish, and Vietnamese, and be made available on the department's
Internet Web site, as prescribed.
This bill would provide that these provisions would be implemented
only upon determination by the Director of Finance that sufficient
donations have been collected and deposited into the Language and
Communication for Deaf and Hard of Hearing Children Fund, which this
bill would create in the State Treasury, and upon the appropriation
of that fund. This bill would provide that no state funds shall be
used to implement these provisions.
This bill would also state the intent of the Legislature that
every newborn or infant who does not pass his or her preliminary
hearing screening test receive a followup hearing screening no later
than 3 months of age, and that the Legislature strongly encourages
the State Department of Health Care Services to work toward this
goal.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 124121 is added to the Health and Safety Code,
to read:
124121. (a) The department shall develop an unbiased,
comprehensive, evidence-based informational pamphlet for newborns and
infants identified as deaf or hard of hearing about visual and
auditory communication and language options including, but not
limited to, American Sign Language (ASL), and Listening and Spoken
Language, that would help a parent make informed decisions for his or
her child. The pamphlet shall take into account the different values
and beliefs of the parents of deaf and hard of hearing children. The
pamphlet shall contain both benefits and risks of all options,
convey educational attainment outcomes, and clearly convey that those
options may be used simultaneously. The pamphlet shall also include
information about educational programs for children provided by local
educational agencies, the California Schools for the Deaf, nonpublic
schools and agencies, and parent-to-parent support resources through
the local family resource centers.
(b) A parent of a newborn or infant identified as deaf or hard of
hearing shall be provided the informational pamphlet developed
pursuant to subdivision (a). The pamphlet shall be provided:
(1) By an audiologist immediately upon identification of a newborn
or infant as deaf or hard of hearing. The audiologist shall
not inform or counsel a parent toward a particular option beyond the
scope of his or her practice. note in the newborn's
or infant's record that the parent has received the informational
pamphlet. During the course of evaluation and treatment, the
audiologist shall inform and counsel the parent of all available
communication and language options as described in the pamphlet.
(2) By a local provider for the Early Start Program, provided for
pursuant to the California Early Intervention Services Act (Title 14
(commencing with Section 95000) of the Government Code) upon initial
contact with the parents of a newborn or infant newly identified as
deaf or hard of hearing.
(c) (1) The department shall convene an advisory stakeholder panel
to contribute to the development of the informational pamphlet
required pursuant to subdivision (a). The members of the panel shall
receive no compensation for their services. The panel shall be
composed of 13 15 members, as follows:
(A) An adult who is deaf or hard of hearing, and who uses
auditory-oral language, appointed by the Governor.
(B) An adult who is deaf or hard of hearing, and who uses
visual language, including, but not limited to, ASL,
appointed by the Governor.
(C) An educator of the deaf in an auditory-oral educational
setting, appointed by the Senate Committee on Rules.
(D) An educator of the deaf in a visual language,
including, but not limited to, an ASL education
setting, appointed by the Senate Committee on Rules.
(E) A parent representative of a child who primarily uses
auditory-oral communication methods, appointed by the Governor.
(F) A parent representative of a child who primarily uses
visual language, including, but not limited to, ASL,
appointed by the Governor.
(G) A representative of a nonprofit organization that services
primarily auditory-oral learners, appointed by the Speaker of the
Assembly.
(H) A representative of a nonprofit organization that services
primarily visual language, including, but not limited to,
ASL learners, appointed by the Speaker of the Assembly.
(I) A researcher engaged in the study of auditory-oral
communication for persons who are deaf or hard of hearing, appointed
by the Governor.
(J) A researcher engaged in the study of visual language,
including, but not limited to, ASL, ASL and
communication modalities for persons who are deaf or hard of hearing,
appointed by the Governor.
(K) Two adults who are deaf or hard of hearing, and who primarily
use other visual communication modalities, appointed by the Governor.
(K)
(L) An audiologist who specializes in evaluating and
treating infants, appointed by the Speaker of the Assembly.
(L)
(M) A physician who specializes in pediatric
otolaryngology, appointed by the Senate Committee on Rules.
(M)
(N) The Superintendent of Public Instruction, or his or
her designee, who shall be an ex officio member.
(2) At least five members of the panel appointed by the Governor,
one member appointed by the Senate Committee on Rules, and one member
appointed by the Speaker of the Assembly, shall be deaf or hard of
hearing adults.
(2)
(3) (A) All members of the panel shall be appointed no
later than January 1, 2012. An appointee to the panel shall not serve
for more than five years.
(B) A member of the panel shall not have a financial relationship
or a conflict of interest with any entity that has contributed
funding pursuant to subdivision (f).
(3) (A) Subject to subdivision (f), the panel shall commence
operations on January 1, 2012. The panel shall provide
recommendations to be included in the pamphlet developed pursuant to
subdivision (a) six months after the panel commences operations. The
panel shall hold meetings at the department's headquarters and the
number of meetings shall not exceed six in this six-month period.
(B) Every two years thereafter, the department shall review the
pamphlet and shall revise the information, if the department
determines that new or revised information is necessary. At the
request of the department, the panel may be asked to reconvene to
review updates and changes to the pamphlet. The panel shall then have
three months to review and provide additional recommendations to the
department. The panel shall hold meetings at the department's
headquarters and the number of meetings shall not exceed three in
this three-month period.
(4) The department and the panel shall consider written input and
information submitted by members of the general public in the
creation of the pamphlet.
(d) The panel shall remain in existence until January 1, 2017.
(e) The pamphlet developed pursuant to subdivision (a) shall be
made available in Cantonese, English, Spanish, and Vietnamese. The
pamphlet developed pursuant to subdivision (a) shall be made
available on the department's Internet Web site. The department shall
make available on its Internet Web site a video where the text of
the pamphlet developed pursuant to subdivision (a) is presented in
ASL with captioning in written English.
(f) (1) There is hereby created the Language and Communication for
Deaf and Hard of Hearing Children Fund in the State Treasury. The
fund shall contain donations that have been collected and deposited
for the purposes of this section, as well as any federal funds made
available for purposes of this section. Notwithstanding Section
16305.7 of the Government Code, the fund shall also contain any
interest and dividends earned on moneys in the fund. No entity
or individual may contribute moneys to this fund that has a
commercial interest related to communication options, or
products for the deaf or hard of hearing. A donor shall disclose any
commercial interests at the time the donor's donation is remitted to
the State Treasury. Nothing in this subdivision shall be construed to
preclude a tax-exempt non-profit organization, qualified under
Section 501 (c) (3) of the Internal Revenue Code from donating to
this fund. No state funds shall be used to implement this
section.
(2) Subject to paragraph (3), moneys in the Language and
Communication for Deaf and Hard of Hearing Children Fund shall be
available, upon appropriation by the Legislature, for the
implementation of this section.
(3) No moneys shall be expended from the fund until the Director
of Finance determines that sufficient money is in the fund to
implement this section. If sufficient money is in the fund, the
Director of Finance shall file a written notice thereof with the
Secretary of State. Subdivisions (a) to (e), inclusive, shall not be
implemented until moneys in the fund are appropriated for purposes of
this section.
(g) Notwithstanding subdivision (c) of Section 124116, as used in
this section, "department" means the State Department of Education.
SEC. 2. Section 124122 is added to the Health and Safety Code, to
read:
124122. It is the intent of the Legislature that every newborn
and infant who does not pass his or her preliminary hearing screening
test receive a followup hearing screening no later than three months
of age. The Legislature strongly encourages the department to work
toward this goal.