(a) Requirement.--The department shall require a birthing facility, a certified-nurse midwife, a health care practitioner or an unlicensed midwife that assumes care of a newborn child to offer the parent or guardian of the newborn child screening for CMV, or a referral for screening for CMV, before the newborn child is 21 days of age if the newborn child fails the initial newborn hearing screening under the act of November 30, 2001 (P.L. 849, No. 89),¹ known as the Infant Hearing Education, Assessment, Reporting and Referral (IHEARR) Act.

(b) Consent required.--Before a CMV screening is performed on a newborn child, a parent or guardian of the newborn child shall provide written consent to a birthing facility, a certified-nurse midwife, a health care practitioner or an unlicensed midwife that assumes care of the newborn child. The parent or guardian shall provide the written consent on a form developed by the birthing facility, certified-nurse midwife, health care practitioner or unlicensed midwife. The birthing facility, certified-nurse midwife, health care practitioner or unlicensed midwife shall include the written consent under this subsection in the medical records of the newborn child and submit a report on the medical records to the department in a manner specified by the department.

(c) Objection.--A CMV screening may not be performed on a newborn child if the parent or guardian of the newborn child objects to the CMV screening for any reason. A birthing facility, a certified-nurse midwife, a health care practitioner or an unlicensed midwife that assumes care of a newborn child shall document an objection under this subsection in writing and include the objection in the medical records of the newborn child and submit a report on the medical records to the department in a manner specified by the department.

(d) Screening.--A CMV screening shall be performed using the following:

(e) Election.--Nothing in this section shall be construed to prohibit a parent or guardian of a newborn child from electing to have the newborn child screened for CMV.