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Title: Section 69-8.1 - Definitions

Effective Date


Section 69-8.1 Definitions

(a) Administrative officer means the chief executive officer of the hospital, as defined in section 405.3 of this Title.

(b) Audiologic evaluation means the use of physiologic and behavioral procedures to evaluate and diagnose hearing loss.

(c) Hearing problems (hearing loss) shall mean a permanent unilateral or bilateral hearing loss of mild (30 to 40 dB HL) or greater degree in the frequency region (500-4000 Hz) important for speech recognition and comprehension.

(d) Institution caring for infants (facility) means all general hospitals having maternity and infant services or premature infant services as defined in section 405.21 of this Title, primary care hospitals and critical access hospitals as defined in section 407.1 of this Title, birthing centers as defined in section 754.1 of this Title, and midwifery birth centers as defined in section 795.1 of this Title.

(e) Newborn infant (infant) means a minor child who is less than ninety days of age.

(f) Newborn infant hearing screening (infant hearing screening) means the use of an objective electrophysiologic or otoacoustic measurement of the auditory system using equipment approved by the United States Department of Health and Human Services, Food and Drug Administration (FDA), to identify infants at risk for hearing loss.

(g) Two-tier infant hearing screening is defined as the use of otoacoustic emissions (OAE) screening or auditory brainstem response (ABR) screening followed by auditory brainstem response (ABR) screening if the patient does not pass the initial OAE or ABR screening.

(h) Parent means a parent by birth or adoption, legal guardian, or any other person legally authorized to consent to medical services for the infant.

(i) Article 28 facility or Facility shall mean a health care facility established under article 28 of the Public Health Law.

(j) Early Intervention Program means the New York State Early Intervention Program for infants and toddlers with disabilities and their families, established under Title II-A of Article 25 of Public Health Law, including state-approved Program offices at the county level.

(k) Referral to the municipal Early Intervention Program means referral to the designated early intervention official in the municipality where the child resides, as is required of primary referral sources. Such referral shall occur within two working days of identifying an infant or toddler who is less than three years of age and suspected of having a disability or is at risk of having a disability.

(l) Early intervention official means the official designated by the municipality as responsible for the administration of referrals of children suspected of having or are at risk for developmental delays or disabilities.

(m) Early Intervention Program evaluator means an individual approved by the Early Intervention Program to evaluate children from birth to three years old with standardized assessments and criterion-referenced assessments to determine eligibility for early intervention services.

(n) Primary referral sources are defined as all individuals who are Early Intervention Program qualified personnel; all approved evaluators, service coordinators, and providers of early intervention services; Article 28 facility hospitals and clinics; child health care providers; day care programs; local health units; local school districts; local social service districts including public agencies and staff in the child welfare system; public health facilities; early childhood direction centers; domestic violence shelters and agencies; homeless family shelters; and, operators of any clinic approved pursuant to Article 16 of the Mental Hygiene Law, or Article 31 of the Mental Hygiene Law.

(o) An “at risk” referral to the Early Intervention Program means referral of an infant who has failed newborn hearing screening prior to discharge from neonatal care with no documented follow-up results reported by the birth facility at 60 days post-discharge. Upon such referral, the county Early Intervention Program shall facilitate newborn hearing screening follow-up.

(p) A “suspected of hearing loss” referral to the Early Intervention Program means referral of an infant who has failed a two-tier inpatient hearing screening and any follow-up out-patient re-screening. Upon such referral, the Early Intervention Program evaluator may first provide a confirmatory audiological evaluation to determine whether a hearing loss exists, pursuant to section 69-4.8 of this Part.

(q) A prescription shall mean a written order issued by the facility for an infant to obtain a follow-up screening or diagnostic audiological evaluation, as appropriate, from an article 28 licensed facility or a provider authorized to perform audiological evaluations under title eight of the education law.


VOLUME A-1a (Title 10)