Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.

R398. Health, Family Health and Preparedness, Children with Special Health Care Needs.

Rule R398-4. Cytomegalovirus Public Health Initiative.

As in effect on October 1, 2019

Table of Contents

R398-4-1. Definitions.

(1) "UDOH" and "Department" means the Utah Department of Health.

(2) "Hearing screening" means the completion of an objective, physiological test or battery of tests administered to determine the infant's hearing status and the need for further diagnostic testing by an audiologist or physician using the Department approved instrumentation, protocols and pass/refer criteria.

(3) "Medical practitioner" means the newborn infant's primary medical caregiver.

(4) "Parent" means a natural biological parent, a step-parent, adoptive parent, legal guardian, or other legal custodian of a child.

R398-4-2. Purpose and Authority.

(1) The purpose of this rule is to clarify when a newborn infant hearing screening requires testing for CMV, medical practitioner reporting requirements and under what circumstances a newborn infant may not fall under the CMV testing requirements.

(2) This rule is authorized by Section 26-10-10(5) which provides that the Department may make rules to administer the provisions of this section.

R398-4-3. Clarification of When a Newborn Must Be Referred for CMS Testing.

(1) The newborn must be referred for CMV testing if the infant fails both the initial hearing screen routinely done at birth and the subsequent follow-up screen.

(2) The newborn must be referred for CMV testing when the initial failed screen is obtained after 14 days of age.

R398-4-4. Special Populations of Newborns.

(1) In special populations of newborns where newborn hearing screening(s) cannot be accomplished prior to 21 days of age, testing for CMV is left to the discretion of the medical practitioner(s) caring for the newborn.

(2) Special populations of newborns may include, but are not limited to, premature or medically fragile newborns or newborns receiving on-going medical care.

R398-4-5. Reporting Requirements.

Medical practitioners are required to submit results of the CMV testing to UDOH for each newborn under their care who is referred for CMV testing within 10 days of receiving results.


cytomegalovirus, CMV, newborn hearing screening

Date of Enactment or Last Substantive Amendment

January 17, 2014

Notice of Continuation

December 6, 2018

Authorizing, Implemented, or Interpreted Law


Additional Information


For questions regarding the content or application of rules under Title R398, please contact the promulgating agency (Health, Family Health and Preparedness, Children with Special Health Care Needs). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.