Title
Supreme Court
Universal Newborn Hearing Screening Program Act
Law
Republic Act No. 9709
Decision Date
Aug 12, 2009
The Universal Newborn Hearing Screening and Intervention Act establishes a comprehensive program to ensure early detection, diagnosis, and intervention for congenital hearing loss in newborns, mandating screening for all infants and providing support services for families.

Law Summary

Declaration of Policy

  • The State commits to protecting and promoting the right to health, recognizing unique needs of newborns and children who are deaf or hard-of-hearing.
  • Emphasizes formulation of a comprehensive program for prevention, early detection, and diagnosis of congenital hearing loss based on research and consultations.

Establishment and Objectives of the Universal Newborn Hearing Screening Program (UNHSP)

  • Institutionalizes measures for prevention and early diagnosis of hearing loss among newborns.
  • Provides for referral follow-up, recall, early intervention services, counseling, and support for families.
  • Objectives include ensuring universal access, policy development coordination, capacity building, database maintenance, linkage to early intervention, and development of public policy and effective screening models.

Definitions of Key Terms

  • Clear definitions for terms like "audiologic diagnostic evaluation," "congenital hearing loss," "follow-up," "healthcare practitioner," "health institutions," "intervention," "newborn hearing screening database," "newborn," "newborn hearing loss screening," "Newborn Hearing Screening Reference Center," "recall," "referral," and "UNHSP".

Obligation to Inform

  • Healthcare practitioners must inform parents or legal guardians pre-delivery about the availability, nature, and benefits of hearing loss screening for newborns or infants up to three months old.
  • Parents of newborns diagnosed with hearing loss must be informed about diagnostic, intervention, treatment options, and counseling.
  • The Department of Health (DOH) is tasked with preparing and disseminating educational materials.

Obligation to Perform Screening and Diagnostic Evaluation

  • All hospital-born infants must be screened before discharge unless parents object.
  • Non-hospital births to be screened within three months.
  • Positive screening results require timely audiologic diagnostic evaluation by DOH-certified centers, with follow-up and referrals before six months old.
  • Shared responsibility between parents/legal guardians and healthcare practitioners.
  • Provision of informational brochures and referral protocols for home births.

Refusal to Be Tested

  • Parents/legal guardians may refuse screening on religious or cultural grounds but must provide a written acknowledgment of responsibility and risks.
  • Such waiver becomes part of the newborn's medical record and the national database.

Continuing Education and Training for Health Personnel

  • DOH, with assistance from NIH and others, shall conduct continuing education, training, and dissemination of informational materials for health practitioners.

Lead Agency and Coordination

  • DOH is the lead agency implementing the Act.
  • Responsible for coordination with various government agencies, private sector stakeholders, consumer groups, professional organizations, and others.
  • Oversees certification, monitoring, policy development, and development of rehabilitation programs for deaf children.

Advisory Committee on Newborn Screening

  • The existing Advisory Committee under the Newborn Screening Act is expanded to include representatives from otorhinolaryngology and audiology societies.

Establishment and Certification of Newborn Hearing Screening Centers

  • Centers to conduct screening, diagnostic evaluation, recall, follow-up, and referrals shall be DOH-certified.
  • Existing Newborn Screening Centers must develop capacity to become hearing screening centers.
  • DOH to develop incentives for establishing additional centers.

Data Management and Applied Research

  • Hospitals and centers must submit screening results to NIH Center for consolidation.
  • NIH maintains national database and registry, reports annually to DOH.
  • Development of long-term outcome evaluations and applied research programs.
  • Research focuses on data quality, cost-effectiveness, causes, risk factors, effectiveness of programs, and data sharing.

Government Intervention on Newborn Hearing Loss

  • Centers or barangay health workers must provide referrals to provincial hospitals for treatment.
  • If provincial hospitals lack capability, referrals to DOH tertiary hospitals or other national hospitals are mandated.
  • Funding for treatment comes from local government internal revenue allotments.

Newborn Screening Fees and Insurance Coverage

  • Philippine Health Insurance Corporation (PHIC) to include hearing loss screening costs in benefit packages.
  • Coverage includes testing, registry, follow-up, reasonable overhead.
  • Gradual inclusion of audiologic evaluation and intervention coverage.
  • DOH reviews and approves fees, no charges for indigenous or accredited behavioral tests.

Funding

  • The necessary funds for implementation are included in the annual General Appropriations Act.

Implementing Rules and Regulations

  • DOH shall develop rules and regulations within 30 days of effectivity.
  • Special protocol for the deaf and hearing impaired as part of implementation.

Repealing Clause

  • All inconsistent laws, decrees, and regulations are repealed or modified accordingly.

Separability Clause

  • Unconstitutional or invalid provisions do not affect the validity of the remaining provisions.

Effectivity

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

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