Legislation and Policy

In 1999, Oregon Revised Statue 433.321 and 433.323 mandated newborn hearing screening for infants born in hospitals with more that 200 births per year. This law established a hearing screening registry that enables the Oregon Health Authority, in collaboration with hospital and birthing facilities, audiologists, local public health staff, and early intervention providers, to share information to support our Early Hearing Detection and Intervention (EHDI) 1-3-6 goals. Further legislation was passed in 2003 to support the sharing of information among partners to reduce delays in supporting language development among infants who are identified as deaf or hard of hearing in Oregon.

An Oregon Revised Statute (ORS) is a law of the State of Oregon. An Oregon Administrative Rule (OAR) is an agency directive, standard, or regulation that implements or interprets a law or policy. You can review EHDI ORSs and OARs through the links below:

Early Hearing Detection and Intervention Program
2025 Notice of Proposed Rulemaking

The Oregon Health Authority, Public Health Division is proposing to amend Oregon Administrative Rules (OARs) in chapter 333, division 20, “Early Hearing Detection and Intervention" and adopt new rules in this division to reorganize and update rules relating to hearing screening requirements. Additionally, the Oregon Health Authority, Public Health Division is proposing to adopt new rules in OAR in chapter 333, division 20 relating to the passage of HB 2685 (Oregon Laws 2025, Chapter 488) during the 2025 legislative session and permanently amend OAR 333, division 077 relating to birthing centers and OAR 333, divisions 505 and 520 relating to hospitals to ensure compliance with new congenital cytomegalovirus screening requirements.

The need for these rule changes arises from the passage of HB 2685 (2025), which mandates expanded targeted newborn screening for congenital cytomegalovirus (CMV) in Oregon. CMV is a common congenital infection that can cause significant health conditions in newborns, including hearing loss and developmental delays. Early detection through screening enables timely intervention and treatment, improving health outcomes and reducing long-term impacts. The existing rules did not include a standardized, evidence-based CMV screening protocol, nor did they address the associated reporting, education, and parent notification requirements now required by statute. This rule change ensures compliance with state law, improves consistency of care, and addresses documented disparities in access to early diagnosis and treatment among racial, ethnic, and linguistically diverse communities. By adopting these amendments and rules, the Oregon Health Authority aims to enhance newborn health, reduce inequities in care delivery, and fulfill its obligation to implement legislatively mandated public health practices.

Other proposed changes to the rules will clarify vague or inaccurate language. For OARs that are being updated to clarify vague or inaccurate language, the goal is to group sections of related topics together so a reader can more easily find information, to make the rules easier to read, and to use inclusive and equity-focused language. Some language is proposed to be shortened or removed from OARs because it is already covered by Oregon Revised Statute.

For more details, please see the Notice of Proposed Rulemaking, including the Statements of Need and Fiscal and Racial Equity Impacts, and the full text of the proposed rules below:

PDF OF Notice of Proposed Rulemaking

You are invited to review and comment on the proposed rules. There are two (2) options to provide comment:

1. You may provide oral (spoken) testimony during a public hearing scheduled on Wednesday, December 17, 2025, at 10:00 A.M. Pacific Time via video/phone conference using Microsoft Teams.

To provide oral testimony during this hearing:

Join using the Meeting URL. You can also find the join link for the meeting in the Notice of Proposed Rulemaking under “Remote Meeting Details" using the “Meeting URL."
You may also contact the Public Health Division Rules Coordinator at publichealth.rules@odhsoha.oregon.gov to sign-up to give oral testimony and receive the link for the Microsoft Teams video conference via calendar appointment
To join the hearing via phone (audio/listen only), you may dial 971-277-2343, phone conference ID 241 842 512#

2. Written comments may be submitted before 5:00 P.M. Pacific Time on December 22, 2025:

Email comments to: publichealth.rules@odhsoha.oregon.gov
Mail comments* to: OHA - Public Health Division

Brittany Hall, Administrative Rules Coordinator
800 NE Oregon St. Suite 930
Portland, OR 97232
*Comments sent by regular mail must be postmarked by 5:00 P.M. Pacific Time on December 22, 2025.

Send comments by fax to 971-673-1299

Final rules will be filed after consideration of all comments.

If you have questions or would like a paper copy of the Notice of Proposed Rulemaking, please contact Gianna Bortoli at 971-442-7037 or publichealth.rules@odhsoha.oregon.gov.

Accessibility Statement: For individuals with disabilities or individuals who speak a language other than English, OHA can provide free help. Some examples are: sign language and spoken language interpreters, real-time captioning, braille, large print, audio, and written materials in other languages. If you need help with these services, please contact the Public Health Administrative Rules Coordinator at 971-673-1222, 711 TTY or publichealth.rules@odhsoha.oregon.gov at least 48 hours before the meeting. All relay calls are accepted. To best ensure our ability to provide a modification please contact us if you are considering attending the meeting and require a modification. The earlier you make a request the more likely we can meet the need.

Legislation and Policy