ORS 433.321

(1) In all Oregon hospitals and birthing centers where more than 200 live births occur per year, each newborn child must receive a newborn hearing screening test. A hospital or birthing center shall attempt to conduct the test required under this subsection prior to the discharge of the newborn child from the facility.

(2) All Oregon hospitals and birthing centers where fewer than 200 live births occur per year shall provide the parent or guardian of a newborn child with the appropriate information furnished by the Oregon Health Authority concerning the importance of newborn hearing screening tests.

(3) All Oregon hospitals and birthing centers conducting newborn hearing screening tests, within 10 days of conducting a newborn hearing screening test, shall: (a) Notify the parent or guardian and the health care provider of the newborn child of the test results; (b) Provide the parent or guardian with names and contact information for diagnostic facilities that conduct newborn hearing screening tests in the community and with materials developed pursuant to ORS 433.298; and (c) Report to the authority the results of the test for the newborn child and information identifying the newborn child.

(4) A diagnostic facility conducting newborn hearing screening tests, within 10 days of conducting a newborn hearing screening test, shall report to the authority the results of the test for the newborn child and information identifying the newborn child. If a diagnostic facility conducting newborn hearing screening tests detects hearing loss in a newborn child, the diagnostic facility shall provide to the parent or guardian materials developed pursuant to ORS 433.298.

(6) The authority, in collaboration with the Child Development and Rehabilitation Center of the Oregon Health and Science University, shall, on an annual basis, provide to all Oregon hospitals and birthing centers the following information: (a) A description of the responsibilities created by this section; (b) A list of appropriate screening devices and descriptions of training protocols to ensure that staff members are adequately trained in the use of hearing screening equipment; (c) A list of diagnostic facilities that conduct newborn hearing screening tests; (d) Using evidence-based best practice standards, a recommended schedule for conducting newborn hearing screening tests, and for referring parents and guardians to health care providers for the purpose of diagnosing whether the newborn child has congenital cytomegalovirus, within 21 days of the newborn child’s date of birth; (e) A list of public and private educational institutions that provide early intervention services and a description of the geographic area served by each institution; and (f) Other information related to newborn hearing screening tests that the authority deems appropriate.

(7) A hospital or birthing center described in subsection (1) of this section is exempt from providing newborn hearing screening tests if the parent or guardian of the newborn child objects to the testing procedure on the grounds that the procedure conflicts with the religious tenets and practices of the parent or guardian. The parent or guardian must sign a statement that the newborn child is being reared in accordance with those religious tenets and practices.

(8) A newborn child may not be refused the procedure described in subsection (1) of this section because of an inability of the parent or guardian to pay for the procedure.