Bill Text For SB0803 - Senate Floor Version

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  |                          February 25, 2019                            |
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 3|SENATE BILL NO. 803                  By: Smalley                       |
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 7|       An Act relating to schools; amending 70 O.S. 2011,              |
  |       Section 1210.284, as last amended by Section 79,                |
 8|       Chapter 229, O.S.L. 2013 (70 O.S. Supp. 2018, Section           |
  |       1210.284), which relates to vision screening;                   |
 9|       specifying that optometrists may perform screening;             |
  |       adding certain exemptions; and providing an effective           |
10|       date.                                                           |
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13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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14|    SECTION 1.     AMENDATORY     70 O.S. 2011, Section 1210.284, as   |
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15|last amended by Section 79, Chapter 229, O.S.L. 2013 (70 O.S. Supp.    |
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16|2018, Section 1210.284), is amended to read as follows:                |
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17|    Section 1210.284.  A.  1.  The parent or guardian of each          |
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18|student enrolled in kindergarten at a public school in this state      |
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19|shall provide certification to school personnel that the student       |
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20|passed a vision screening within the previous twelve (12) months or    |
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21|during the school year.  Such screening shall be conducted by          |
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22|personnel listed on the statewide registry as maintained by the        |
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23|State Department of Health, which may include, but not be limited      |
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24|to, Oklahoma licensed optometrists.                                    |
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 1|    2.  The parent or guardian of each student enrolled in first or    |
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 2|third grade at a public school in this state shall provide within      |
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 3|thirty (30) days of the beginning of the school year certification     |
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 4|to school personnel that the student passed a vision screening         |
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 5|within the previous twelve (12) months.  Such screening shall be       |
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 6|conducted by personnel listed on the statewide registry as             |
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 7|maintained by the State Department of Health.                          |
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 8|    3.  The parent or guardian of each student who receives a vision   |
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 9|screening as required by this section shall receive notification       |
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10|that a vision screening is not the equivalent of a comprehensive eye   |
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11|exam.                                                                  |
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12|    B.  1.  The Infant and Children's Health Advisory Council          |
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13|created in Section 44 of this act 1-103a.1 of Title 63 of the          |
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14|Oklahoma Statutes shall make recommendations to the State Board of     |
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15|Health on:                                                             |
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16|         a.   standards for vision screening and referral; provided,   |
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17|              Oklahoma licensed optometrists shall be exempt from      |
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18|              such standards,                                          |
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19|         b.   qualifications for initial recognition and renewal of    |
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20|              recognition of vision screeners,                         |
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21|         c.   qualifications for initial recognition and renewal of    |
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22|              recognition of vision screener trainers,                 |
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23|         d.   qualifications for initial recognition and renewal of    |
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24|              recognition of trainers of vision screener trainers;     |
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 1|              provided, Oklahoma licensed optometrists shall be        |
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 2|              exempt from any training requirements, and               |
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 3|         e.   grounds for denial, refusal, suspension or revocation    |
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 4|              of recognition of vision screeners, vision screener      |
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 5|              trainers and trainers of vision screener trainers.       |
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 6|    2.  The Department shall:                                          |
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 7|         a.   establish and thereafter maintain a statewide            |
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 8|              registry, available via the Internet, which shall        |
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 9|              contain a list of approved vision screeners,             |
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10|         b.   maintain a list of approved vision screener trainers     |
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11|              and trainers of vision screener trainers, and            |
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12|         c.   maintain the standards for vision screening and          |
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13|              referral.                                                |
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14|    3.  After notice and hearing, the Department may deny, refuse,     |
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15|suspend or revoke approval to an applicant which has a history of:     |
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16|         a.   noncompliance or incomplete or partial compliance with   |
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17|              the provisions of this section or the rules adopted by   |
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18|              the Board to implement the provisions of this section,   |
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19|         b.   referring persons to a business in which the applicant   |
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20|              has a financial interest or a business which is owned    |
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21|              or operated by someone within the third degree of        |
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22|              consanguinity or affinity of the applicant, or           |
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23|         c.   conduct which demonstrates that the applicant is         |
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 1|              providing services in a manner which does not warrant    |
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 2|              public trust.                                            |
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 3|    4.  The Board, giving consideration to the recommendations of      |
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 4|the Infant and Children's Health Advisory Council created in Section   |
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 5|44 of this act 1-103a.1 of Title 63 of the Oklahoma Statutes, shall    |
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 6|promulgate rules to implement the provisions of this section.          |
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 7|    C.  1.  The parent or guardian of each student who fails the       |
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 8|vision screening required in subsection A of this section shall        |
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 9|receive a recommendation to undergo a comprehensive eye examination    |
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10|performed by an ophthalmologist or optometrist.                        |
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11|    2.  The ophthalmologist or optometrist shall forward a written     |
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12|report of the results of the comprehensive eye examination to the      |
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13|student's school, parent or guardian, and primary health care          |
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14|provider designated by the parent or guardian.  The report shall       |
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15|include, but not be limited to:                                        |
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16|         a.   date of report,                                          |
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17|         b.   name, address and date of birth of the student,          |
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18|         c.   name of the student's school,                            |
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19|         d.   type of examination,                                     |
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20|         e.   a summary of significant findings, including             |
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21|              diagnoses, medication used, duration of action of        |
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22|              medication, treatment, prognosis, whether or not a       |
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23|              return visit is recommended and, if so when,             |
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 1|         f.   recommended educational adjustments for the child, if    |
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 2|              any, which may include: preferential seating in the      |
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 3|              classroom, eyeglasses for full-time use in school,       |
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 4|              eyeglasses for part-time use in school, sight-saving     |
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 5|              eyeglasses, and any other recommendations, and           |
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 6|         g.   name, address and signature of the examiner.             |
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 7|    D.  No student shall be prohibited from attending school for a     |
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 8|parent's or guardian's failure to furnish a report of the student's    |
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 9|vision screening or an examiner's failure to furnish the results of    |
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10|a student's comprehensive eye examination required by this section.    |
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11|    E.  School districts shall notify parents or guardians of          |
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12|students who enroll in kindergarten, first, or third grade for the     |
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13|2007-08 school year and each year thereafter of the requirements of    |
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14|this section.                                                          |
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15|    F.  The State Board of Education shall adopt rules for the         |
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16|implementation of this section except as provided in subsection B of   |
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17|this section.  The State Department of Education shall issue a         |
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18|report annually on the impact and effectiveness of this section.       |
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19|    SECTION 2.  This act shall become effective November 1, 2019.      |
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20|COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES            |
  |February 25, 2019 - DO PASS                                            |
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