Bill Text For HB1598 - Senate Floor Version

 1|                        SENATE FLOOR VERSION                           |
  |                            April 6, 2021                              |
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 3|ENGROSSED HOUSE                                                        |
  |BILL NO. 1598                        By: Provenzano, Lepak and         |
 4|                                         Waldron of the House          |
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 5|                                         and                           |
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 6|                                         Quinn and Hicks of the        |
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 9|       An Act relating to students; amending 70 O.S. 2011,             |
  |       Section 1210.284, as last amended by Section 79,                |
10|       Chapter 229, O.S.L. 2013 (70 O.S. Supp. 2020, Section           |
  |       1210.284), which relates to vision screening of                 |
11|       students; authorizing the State Department of                   |
  |       Education to approve vision screeners to conduct                |
12|       certain screenings; updating references; providing an           |
  |       effective date; and declaring an emergency.                     |
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15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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16|    SECTION 1.     AMENDATORY     70 O.S. 2011, Section 1210.284, as   |
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17|last amended by Section 79, Chapter 229, O.S.L. 2013 (70 O.S. Supp.    |
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18|2020, Section 1210.284), is amended to read as follows:                |
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19|    Section 1210.284.  A.  1.  The parent or legal guardian of each    |
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20|student enrolled in kindergarten at a public school in this state      |
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21|shall provide certification to school personnel that the student       |
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22|passed a vision screening within the previous twelve (12) months or    |
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23|during the school year.  Such screening shall be conducted by          |
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arsid11750958 (Floor Amendments Only)                              Page 1
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 1|personnel listed on the statewide registry as maintained by the        |
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 2|State Department of Health.                                            |
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 3|    2.  The parent or legal guardian of each student enrolled in       |
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 4|first or third grade at a public school in this state shall provide    |
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 5|within thirty (30) days of the beginning of the school year            |
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 6|certification to school personnel that the student passed a vision     |
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 7|screening within the previous twelve (12) months.  Such screening      |
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 8|shall be conducted by personnel listed on the statewide registry as    |
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 9|maintained by the State Department of Health or by personnel           |
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10|approved by the State Department of Education as provided in           |
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11|subsection C of this section.                                          |
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12|    3.  The parent or legal guardian of each student who receives a    |
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13|vision screening as required by this section shall receive             |
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14|notification that a vision screening is not the equivalent of a        |
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15|comprehensive eye exam.                                                |
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16|    B.  1.  The Infant and Children's Health Advisory Council          |
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17|created in Section 44 of this act Section 1-103a.1 of Title 63 of      |
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18|the Oklahoma Statutes shall make recommendations to the State Board    |
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19|of Health on:                                                          |
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20|         a.   standards for vision screening and referral,             |
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21|         b.   qualifications for initial recognition and renewal of    |
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22|              recognition of vision screeners,                         |
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23|         c.   qualifications for initial recognition and renewal of    |
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24|              recognition of vision screener trainers,                 |
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arsid11750958 (Floor Amendments Only)                              Page 2
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 1|         d.   qualifications for initial recognition and renewal of    |
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 2|              recognition of trainers of vision screener trainers,     |
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 3|              and                                                      |
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 4|         e.   grounds for denial, refusal, suspension or revocation    |
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 5|              of recognition of vision screeners, vision screener      |
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 6|              trainers and trainers of vision screener trainers.       |
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 7|    2.  The Department shall:                                          |
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 8|         a.   establish and thereafter maintain a statewide            |
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 9|              registry, available via the Internet, which shall        |
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10|              contain a list of approved vision screeners,             |
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11|         b.   maintain a list of approved vision screener trainers     |
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12|              and trainers of vision screener trainers, and            |
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13|         c.   maintain the standards for vision screening and          |
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14|              referral.                                                |
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15|    3.  After notice and hearing, the Department may deny, refuse,     |
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16|suspend or revoke approval to an applicant which has a history of:     |
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17|         a.   noncompliance or incomplete or partial compliance with   |
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18|              the provisions of this section or the rules adopted by   |
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19|              the Board to implement the provisions of this section,   |
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20|         b.   referring persons to a business in which the applicant   |
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21|              has a financial interest or a business which is owned    |
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22|              or operated by someone within the third degree of        |
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23|              consanguinity or affinity of the applicant, or           |
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arsid11750958 (Floor Amendments Only)                              Page 3
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 1|         c.   conduct which demonstrates that the applicant is         |
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 2|              providing services in a manner which does not warrant    |
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 3|              public trust.                                            |
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 4|    4.  The Board, giving consideration to the recommendations of      |
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 5|the Infant and Children's Health Advisory Council created in Section   |
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 6|44 of this act Section 1-103a.1 of Title 63 of the Oklahoma            |
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 7|Statutes, shall promulgate rules to implement the provisions of this   |
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 8|section.                                                               |
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 9|    C.  In addition to the statewide registry maintained by the        |
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10|State Department of Health, the State Department of Education shall    |
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11|be authorized to approve vision screeners to conduct vision            |
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12|screenings pursuant to this section.                                   |
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13|    D.  1.  The parent or legal guardian of each student who fails     |
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14|the vision screening required in subsection A of this section shall    |
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15|receive a recommendation to undergo a comprehensive eye examination    |
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16|performed by an ophthalmologist or optometrist.                        |
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17|    2.  The ophthalmologist or optometrist shall forward a written     |
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18|report of the results of the comprehensive eye examination to the      |
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19|student's school, parent or legal guardian, and primary health care    |
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20|provider designated by the parent or legal guardian.  The report       |
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21|shall include, but not be limited to:                                  |
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22|         a.   date of report,                                          |
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23|         b.   name, address and date of birth of the student,          |
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24|         c.   name of the student's school,                            |
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arsid11750958 (Floor Amendments Only)                              Page 4
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 1|         d.   type of examination,                                     |
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 2|         e.   a summary of significant findings, including             |
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 3|              diagnoses, medication used, duration of action of        |
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 4|              medication, treatment, prognosis, whether or not a       |
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 5|              return visit is recommended and, if so when,             |
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 6|         f.   recommended educational adjustments for the child, if    |
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 7|              any, which may include: preferential seating in the      |
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 8|              classroom, eyeglasses for full-time use in school,       |
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 9|              eyeglasses for part-time use in school, sight-saving     |
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10|              eyeglasses, and any other recommendations, and           |
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11|         g.   name, address and signature of the examiner.             |
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12|    D. E.  No student shall be prohibited from attending school for    |
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13|a parent's or legal guardian's failure to furnish a report of the      |
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14|student's vision screening or an examiner's failure to furnish the     |
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15|results of a student's comprehensive eye examination required by       |
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16|this section.                                                          |
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17|    E. F.  School districts shall notify parents or legal guardians    |
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18|of students who enroll in kindergarten, first, or third grade for      |
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19|the 2007-08 school year and each year thereafter of the requirements   |
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20|of this section.                                                       |
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21|    F. G.  The State Board of Education shall adopt rules for the      |
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22|implementation of this section except as provided in subsection B of   |
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23|this section.  The State Department of Education shall issue a         |
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24|report annually on the impact and effectiveness of this section.       |
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arsid11750958 (Floor Amendments Only)                              Page 5
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 1|    SECTION 2.  This act shall become effective July 1, 2021.          |
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 2|    SECTION 3.  It being immediately necessary for the preservation    |
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 3|of the public peace, health or safety, an emergency is hereby          |
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 4|declared to exist, by reason whereof this act shall take effect and    |
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 5|be in full force from and after its passage and approval.              |
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 6|COMMITTEE REPORT BY: COMMITTEE ON EDUCATION                            |
  |April 6, 2021 - DO PASS                                                |
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