Title
Supreme Court
Universal Newborn Hearing Screening Act
Law
Republic Act No. 9709
Decision Date
Aug 12, 2009
The Universal Newborn Hearing Screening and Intervention Act of 2009 in the Philippines establishes a comprehensive program to prevent, diagnose, and intervene in hearing loss in newborns, including the establishment of screening centers, a national database, and government intervention for treatment.

Law Summary

Declaration of Policy

  • The State recognizes the right to health and the unique needs of deaf or hard-of-hearing children.
  • A comprehensive program shall be formulated for prevention, early detection, and diagnosis of congenital hearing loss based on research and sector consultations.

Establishment of Universal Newborn Hearing Screening Program (UNHSP)

  • UNHSP is created to institutionalize prevention and early diagnosis of congenital hearing loss among newborns.
  • Objectives include ensuring universal access to hearing screening, network establishment for policy and implementation, capacity building, database maintenance, linkage to diagnosis and intervention, public policy development, and model development for effective screening and intervention.

Definition of Terms

  • Key terms defined include:
    • Audiologic diagnostic evaluation: Professional diagnosis of hearing loss.
    • Congenital hearing loss: Hearing impairment present at birth.
    • Follow-up: Monitoring infants for additional diagnosis and intervention.
    • Healthcare practitioner: Includes physicians, nurses, midwives, nursing aides, traditional birth attendants.
    • Health Institutions: Hospitals and centers providing obstetrical and pediatric services.
    • Intervention: Services ranging from counseling to medical procedures.
    • Newborn: Infant up to 30 days old.
    • Newborn hearing screening: Objective test for hearing impairment.
    • Newborn Hearing Screening Reference Center: National central authority managing protocols and training.
    • Recall and Referral: Procedures for further diagnosis and treatment.
    • UNHSP: The nationwide program for newborn hearing screening and intervention.

Obligation to Inform Parents or Guardians

  • Healthcare practitioners must inform parents/legal guardians about the nature and benefits of newborn hearing loss screening before delivery.
  • Those infants diagnosed with hearing loss must have their parents informed about diagnostic evaluation, intervention, treatment, and counseling.
  • DOH shall prepare and disseminate educational materials.

Obligation to Perform Newborn Hearing Loss Screening and Diagnostic Evaluation

  • All hospital-born infants must undergo hearing screening before discharge unless parents object.
  • Non-hospital births must be screened within three months.
  • Positive screening results require timely diagnostic evaluation and intervention before six months.
  • Audiologic evaluations must be conducted by DOH-certified centers.
  • Responsibility to ensure screening lies jointly with parents/guardians and healthcare practitioners.
  • Newborns born outside facilities must be referred to local health centers for screening.

Refusal to be Tested

  • Parents or guardians may refuse screening on religious/cultural grounds but must sign a waiver acknowledging understanding of risks.
  • Waivers must be documented and included in medical records and national database.

Continuing Education and Training of Health Personnel

  • DOH, NIH, and partners shall conduct ongoing education and training for healthcare practitioners about newborn hearing screening.
  • Information materials will be annually disseminated to maternal and pediatric care personnel.

Lead Agency and Coordinating Functions

  • DOH is the lead agency for implementing the Act.
  • Coordinates with various government agencies, local governments, private sector, and stakeholder groups.
  • Oversees certification of screening centers, monitors implementation, and develops rehabilitation programs for deaf children.

Advisory Committee on Newborn Screening

  • The existing Advisory Committee under Republic Act No. 9288 will include representatives from otorhinolaryngology and audiology societies to ensure effective implementation.

Establishment and Certification of Newborn Hearing Screening Centers

  • Centers are established to conduct screening, evaluation, follow-up, and referral.
  • Must be DOH-certified based on NIH standards.
  • Existing Newborn Screening Centers will be encouraged to develop capacity for hearing screening.
  • DOH will develop incentives to encourage establishment of additional centers.

Data Management and Applied Research

  • Hospitals and screening centers required to submit screening results to NIH Reference Center.
  • NIH maintains national database and registry, submits annual reports.
  • Long-term evaluation plans to monitor outcomes will be developed.
  • Grants and technical assistance will be provided for applied research focused on infant hearing detection, diagnosis, treatment, and cost-effectiveness.
  • Research aims to identify causes, risk factors, and effectiveness of interventions.

Government Intervention and Referral for Treatment

  • Diagnosed newborns shall be referred to provincial hospitals for treatment.
  • If provincial hospitals lack capacity, referrals to DOH tertiary hospitals or national government-funded hospitals will be made.
  • Funding for treatment is sourced from the local government unit's internal revenue allotment.

Newborn Screening Fees and Insurance Coverage

  • Philippine Health Insurance Corporation (PHIC) shall include hearing screening in its benefit package.
  • PHIC will develop a program for gradual coverage of screening, evaluation, and intervention services.
  • DOH reviews and recommends screening fees; certain behavioral test methods accredited by DOH are exempt from fees.

Appropriations and Funding

  • Necessary funds to implement the Act will be included in the annual General Appropriations Act.

Implementing Rules and Regulations

  • DOH to develop and issue necessary rules and protocols within 30 days of effectivity.
  • Special protocols for deaf and hearing-impaired individuals in relation to information obligations will be established.

Repealing Clause

  • Laws and regulations inconsistent with this Act are repealed or modified accordingly.

Separability Clause

  • If any part of the Act is declared invalid, remaining provisions continue in full effect.

Effectivity

  • The Act takes effect 15 days after publication in two newspapers of general circulation.

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