BILL NUMBER: AB 2072 AMENDED
BILL TEXT
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
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
is sufficient to allow a parent to make an informed decision
on which options to choose 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 informational pamphlet to be made available in Cantonese,
English, Spanish, and Vietnamese, and be made available on the
department's Internet Web site and the Speech-Language
Pathology and Audiology Board'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 is sufficient to allow a parent to make an
informed decision on which options to choose for his
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.
(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, but shall be
allowed the actual necessary traveling expenses incurred in the
discharge of their duties. The panel shall be composed of
services. The panel shall be composed of eleven
13 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, 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, and communication
modalities for persons who are deaf or hard of hearing, appointed by
the Governor.
(K) The Secretary for Education, who shall be an ex officio
member.
(K) An audiologist who specializes in evaluating and treating
infants, appointed by the Speaker of the Assembly.
(L) A physician who specializes in pediatric otolaryngology,
appointed by the Senate Committee on Rules.
(M) The Superintendent of Public Instruction, or his or her
designee, who shall be an ex officio member.
(2) (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) No member of the panel may 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. Every 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 and the
Speech-Language Pathology and Audiology Board's Internet Web site.
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 may contribute moneys to this fund that participates in a
lobbying activity or has a financial relationship or any other
conflict of interest, with, any appointed panel members, or that
stands to benefit financially from the outcome of the pamphlet
development. 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.