ENROLLED HOUSE
BILL NO. 3823 By: Newton of the House
and
Rosino
of the Senate
An Act relating to schools; amending 70 O.S. 2021, Section
1210.284, which relates to vision screening; specifying that optometrists and ophthalmologists
may perform screening; adding certain exemptions; and providing an effective
date.
SUBJECT:
Schools
BE IT
ENACTED BY THE PEOPLE OF THE STATE OF
SECTION 1.
AMENDATORY 70 O.S. 2021,
Section 1210.284, is amended to read as follows:
Section 1210.284 A. 1. The
parent or guardian of each student enrolled in kindergarten at a public school
in this state shall provide certification to school personnel that the student
passed a vision screening within the previous twelve (12) months or during the
school year. Such screening shall be
conducted by personnel listed on the statewide registry as maintained by the
State Department of Health, which may include, but not be limited to,
Oklahoma licensed optometrists and ophthalmologists.
2.
The parent or guardian of each student enrolled in first or third grade
at a public school in this state shall provide within thirty (30) days of the
beginning of the school year certification to school personnel that the student
passed a vision screening within the previous twelve (12) months. Such screening shall be conducted by
personnel listed on the statewide registry as maintained by the State
Department of Health; provided, Oklahoma licensed optometrists and
ophthalmologists shall be exempt from such standards.
3.
The parent or guardian of each student who receives a vision screening
as required by this section shall receive notification that a vision screening
is not the equivalent of a comprehensive eye exam.
B.
1. The Infant and Children's
Health Advisory Council created in Section 44 of this act 1-103a.1 of
Title 63 of the Oklahoma Statutes shall make recommendations to the State
Board of Health on:
a. standards
for vision screening and referral; provided, Oklahoma licensed optometrists
and ophthalmologists shall be exempt from such standards,
b. qualifications
for initial recognition and renewal of recognition of vision screeners,
c. qualifications
for initial recognition and renewal of recognition of vision screener trainers,
d. qualifications
for initial recognition and renewal of recognition of trainers of vision
screener trainers; provided, Oklahoma licensed optometrists and
ophthalmologists shall be exempt from any training requirements, and
e. grounds
for denial, refusal, suspension or revocation of recognition of vision
screeners, vision screener trainers and trainers of vision screener trainers.
2.
The Department shall:
a. establish
and thereafter maintain a statewide registry, available via the Internet, which
shall contain a list of approved vision screeners,
b. maintain
a list of approved vision screener trainers and trainers of vision screener
trainers, and
c. maintain
the standards for vision screening and referral.
3.
After notice and hearing, the Department may deny, refuse, suspend or
revoke approval to an applicant which who has a history of:
a. noncompliance
or incomplete or partial compliance with the provisions of this section or the
rules adopted by the Board to implement the provisions of this section,
b. referring
persons to a business in which the applicant has a financial interest or a
business which is owned or operated by someone within the third degree of
consanguinity or affinity of the applicant, or
c. conduct
which demonstrates that the applicant is providing services in a manner which
does not warrant public trust.
4.
The Board, giving consideration to the recommendations of the Infant
and Children's Health Advisory Council created in Section 44 of
this act, shall promulgate rules to implement the provisions of this
section.
C.
1. The parent or guardian of each
student who fails the vision screening required in subsection A of this section
shall receive a recommendation to undergo a comprehensive eye examination
performed by an ophthalmologist or optometrist.
2.
The ophthalmologist or optometrist shall forward a written report of the
results of the comprehensive eye examination to the student's school, parent or
guardian, and primary health care provider designated by the parent or
guardian. The report shall include, but
not be limited to:
a. date
of report,
b. name,
address and date of birth of the student,
c. name
of the student's school,
d. type
of examination,
e. a
summary of significant findings, including diagnoses, medication used, duration
of action of medication, treatment, prognosis, whether or not a return visit is
recommended and, if so when,
f. recommended
educational adjustments for the child, if any, which may include: preferential
seating in the classroom, eyeglasses for full-time use in school, eyeglasses
for part-time use in school, sight-saving eyeglasses, and any other recommendations,
and
g. name,
address and signature of the examiner.
D.
No student shall be prohibited from attending school for a parent's or
guardian's failure to furnish a report of the student's vision screening or an
examiner's failure to furnish the results of a student's comprehensive eye
examination required by this section.
E.
School districts shall notify parents or guardians of students who
enroll in kindergarten, first, or third grade for the 2007-08 school year and
each year thereafter of the requirements of this section.
F.
The State Board of Education shall adopt rules for the implementation of
this section except as provided in subsection B of this section. The State Department of Education shall issue
a report annually on the impact and effectiveness of this section.
SECTION 2.
This act shall become effective November 1, 2022.
Passed the
House of Representatives the 8th day of March, 2022.
Presiding
Officer of the House
of
Representatives
Passed the Senate the 26th day of
April, 2022.
Presiding
Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office
of the Governor this ____________________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________
Approved by the
Governor of the State of Oklahoma this _________ day of ___________________,
20_______, at _______ o'clock _______ M.
_________________________________
Governor of
the State of Oklahoma
OFFICE
OF THE SECRETARY OF STATE
Received by the Office
of the Secretary of State this __________ day of ___________________,
20_______, at _______ o'clock _______ M.
By: _________________________________