Amended IN Senate June 13, 2018 Amended IN Assembly March 23, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2904Introduced by Assembly Member CarrilloFebruary 16, 2018 An act to amend Section 2290.5 of the Business and Professions 49452 of, and to add Section 49455.5 to, the Education Code, relating to healing arts. pupil health.LEGISLATIVE COUNSEL'S DIGESTAB 2904, as amended, Carrillo. Healing arts: telehealth. Pupil health: mobile vision care services: schoolsites.Existing law requires the governing board of a school district to provide for the adequate testing of the sight and hearing of each pupil enrolled in the schools of the school district to be given only by specified persons. Existing law requires a school nurse or other authorized person to appraise the vision of a pupil during kindergarten, or upon first enrollment or entry of that pupil in a California school district at an elementary school, and in grades 2, 5, and 8, as specified.This bill would authorize a public school to enter into a memorandum of understanding with a nonprofit mobile vision care services provider to provide noninvasive vision care services consisting of providing vision examinations and eyeglasses to pupils at the schoolsite of the public school. The bill would require a public school to provide parents and guardians with an opportunity to opt out of his or her child receiving these vision care services, as provided.Under existing law, telehealth is defined as the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patients health care while the patient is at the originating site and the health care provider is at a distant site, and health care provider is defined as a person who is licensed under specified provisions of law relating to healing arts. Existing law requires a health care provider, prior to the delivery of health care via telehealth, to inform the patient about the use of telehealth, obtain verbal or written consent from the patient for the use of telehealth, and document that consent. Under existing law, the failure of a health care provider to comply with these provisions constitutes unprofessional conduct.This bill would require a health care provider to document the consent of the patient to use telehealth in either printed or electronic form.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YESNO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 49452 of the Education Code is amended to read:49452. The governing board of any a school district shall, subject to Section 49451, provide for the testing of the sight and hearing of each pupil enrolled in the schools of the school district. The test shall be adequate in nature and shall be given only by duly qualified supervisors of health employed by the school district; or by certificated employees of the school district or of the county superintendent of schools who possess the qualifications prescribed by the Commission for on Teacher Preparation and Licensing; or Credentialing; by contract with an agency duly authorized to perform those services by the county superintendent of schools of the county in which the school district is located, under guidelines established by the State Board of Education; or state board; by accredited schools or colleges of optometry, osteopathic medicine, or medicine. medicine; or, for testing of sight only, by a nonprofit mobile vision care services provider pursuant to Section 49455.5. The records of the tests shall serve as evidence of the need of the pupils for the educational facilities provided physically handicapped individuals. The equipment necessary to conduct the tests may be purchased or rented by governing boards of school districts. The state, any agency, or political subdivision thereof may sell or rent any such equipment owned by it to the governing board of any a school district upon terms as may be mutually agreeable.SEC. 2. Section 49455.5 is added to the Education Code, to read:49455.5. (a) A public school maintaining kindergarten or any of grades 1 to 12, inclusive, may enter into a memorandum of understanding with a nonprofit mobile vision care services provider to provide vision care services to pupils at the schoolsite of the public school. Vision care services shall be noninvasive, and shall consist only of providing vision examinations and eyeglasses.(b) Before vision care services are provided at the schoolsite of a public school pursuant to subdivision (a), the public school shall notify parents and guardians, in accordance with Section 48985, of the upcoming provision of vision care services at the schoolsite. Notification shall include a form on which a parent or guardian may indicate that he or she does not consent to vision care services being provided, pursuant to subdivision (a), to his or her child. The parent or guardian may opt out of his or her child receiving vision care services, pursuant to subdivision (a), by submitting the completed form to the public school before vision care services are provided at the schoolsite. A parent or guardian who has already submitted a written statement in accordance with Section 49451 is deemed to have opted out of his or her child receiving vision care services pursuant to subdivision (a).SECTION 1.Section 2290.5 of the Business and Professions Code is amended to read:2290.5.(a)For purposes of this division, the following definitions shall apply:(1)Asynchronous store and forward means the transmission of a patients medical information from an originating site to the health care provider at a distant site without the presence of the patient.(2)Distant site means a site where a health care provider who provides health care services is located while providing these services via a telecommunications system.(3)Health care provider means either of the following:(A)A person who is licensed under this division.(B)A marriage and family therapist intern or trainee functioning pursuant to Section 4980.43.(4)Originating site means a site where a patient is located at the time health care services are provided via a telecommunications system or where the asynchronous store and forward service originates.(5)Synchronous interaction means a real-time interaction between a patient and a health care provider located at a distant site.(6)Telehealth means the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patients health care while the patient is at the originating site and the health care provider is at a distant site. Telehealth facilitates patient self-management and caregiver support for patients and includes synchronous interactions and asynchronous store and forward transfers.(b)Prior to the delivery of health care via telehealth, the health care provider initiating the use of telehealth shall inform the patient about the use of telehealth and obtain verbal or written consent from the patient for the use of telehealth as an acceptable mode of delivering health care services and public health. The consent shall be documented by the health care provider in either printed or electronic form.(c)Nothing in this section shall preclude a patient from receiving in-person health care delivery services during a specified course of health care and treatment after agreeing to receive services via telehealth.(d)The failure of a health care provider to comply with this section shall constitute unprofessional conduct. Section 2314 shall not apply to this section.(e)This section shall not be construed to alter the scope of practice of any health care provider or authorize the delivery of health care services in a setting, or in a manner, not otherwise authorized by law.(f)All laws regarding the confidentiality of health care information and a patients rights to his or her medical information shall apply to telehealth interactions.(g)This section shall not apply to a patient under the jurisdiction of the Department of Corrections and Rehabilitation or any other correctional facility.(h)(1)Notwithstanding any other provision of law and for purposes of this section, the governing body of the hospital whose patients are receiving the telehealth services may grant privileges to, and verify and approve credentials for, providers of telehealth services based on its medical staff recommendations that rely on information provided by the distant-site hospital or telehealth entity, as described in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations.(2)By enacting this subdivision, it is the intent of the Legislature to authorize a hospital to grant privileges to, and verify and approve credentials for, providers of telehealth services as described in paragraph (1).(3)For the purposes of this subdivision, telehealth shall include telemedicine as the term is referenced in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations.
Amended IN Senate June 13, 2018 Amended IN Assembly March 23, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2904Introduced by Assembly Member CarrilloFebruary 16, 2018 An act to amend Section 2290.5 of the Business and Professions 49452 of, and to add Section 49455.5 to, the Education Code, relating to healing arts. pupil health.LEGISLATIVE COUNSEL'S DIGESTAB 2904, as amended, Carrillo. Healing arts: telehealth. Pupil health: mobile vision care services: schoolsites.Existing law requires the governing board of a school district to provide for the adequate testing of the sight and hearing of each pupil enrolled in the schools of the school district to be given only by specified persons. Existing law requires a school nurse or other authorized person to appraise the vision of a pupil during kindergarten, or upon first enrollment or entry of that pupil in a California school district at an elementary school, and in grades 2, 5, and 8, as specified.This bill would authorize a public school to enter into a memorandum of understanding with a nonprofit mobile vision care services provider to provide noninvasive vision care services consisting of providing vision examinations and eyeglasses to pupils at the schoolsite of the public school. The bill would require a public school to provide parents and guardians with an opportunity to opt out of his or her child receiving these vision care services, as provided.Under existing law, telehealth is defined as the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patients health care while the patient is at the originating site and the health care provider is at a distant site, and health care provider is defined as a person who is licensed under specified provisions of law relating to healing arts. Existing law requires a health care provider, prior to the delivery of health care via telehealth, to inform the patient about the use of telehealth, obtain verbal or written consent from the patient for the use of telehealth, and document that consent. Under existing law, the failure of a health care provider to comply with these provisions constitutes unprofessional conduct.This bill would require a health care provider to document the consent of the patient to use telehealth in either printed or electronic form.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YESNO Local Program: NO
Amended IN Senate June 13, 2018 Amended IN Assembly March 23, 2018
Amended IN Senate June 13, 2018
Amended IN Assembly March 23, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2904
Introduced by Assembly Member CarrilloFebruary 16, 2018
Introduced by Assembly Member Carrillo
February 16, 2018
An act to amend Section 2290.5 of the Business and Professions 49452 of, and to add Section 49455.5 to, the Education Code, relating to healing arts. pupil health.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2904, as amended, Carrillo. Healing arts: telehealth. Pupil health: mobile vision care services: schoolsites.
Existing law requires the governing board of a school district to provide for the adequate testing of the sight and hearing of each pupil enrolled in the schools of the school district to be given only by specified persons. Existing law requires a school nurse or other authorized person to appraise the vision of a pupil during kindergarten, or upon first enrollment or entry of that pupil in a California school district at an elementary school, and in grades 2, 5, and 8, as specified.This bill would authorize a public school to enter into a memorandum of understanding with a nonprofit mobile vision care services provider to provide noninvasive vision care services consisting of providing vision examinations and eyeglasses to pupils at the schoolsite of the public school. The bill would require a public school to provide parents and guardians with an opportunity to opt out of his or her child receiving these vision care services, as provided.Under existing law, telehealth is defined as the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patients health care while the patient is at the originating site and the health care provider is at a distant site, and health care provider is defined as a person who is licensed under specified provisions of law relating to healing arts. Existing law requires a health care provider, prior to the delivery of health care via telehealth, to inform the patient about the use of telehealth, obtain verbal or written consent from the patient for the use of telehealth, and document that consent. Under existing law, the failure of a health care provider to comply with these provisions constitutes unprofessional conduct.This bill would require a health care provider to document the consent of the patient to use telehealth in either printed or electronic form.
Existing law requires the governing board of a school district to provide for the adequate testing of the sight and hearing of each pupil enrolled in the schools of the school district to be given only by specified persons.
Existing law requires a school nurse or other authorized person to appraise the vision of a pupil during kindergarten, or upon first enrollment or entry of that pupil in a California school district at an elementary school, and in grades 2, 5, and 8, as specified.
This bill would authorize a public school to enter into a memorandum of understanding with a nonprofit mobile vision care services provider to provide noninvasive vision care services consisting of providing vision examinations and eyeglasses to pupils at the schoolsite of the public school. The bill would require a public school to provide parents and guardians with an opportunity to opt out of his or her child receiving these vision care services, as provided.
Under existing law, telehealth is defined as the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patients health care while the patient is at the originating site and the health care provider is at a distant site, and health care provider is defined as a person who is licensed under specified provisions of law relating to healing arts. Existing law requires a health care provider, prior to the delivery of health care via telehealth, to inform the patient about the use of telehealth, obtain verbal or written consent from the patient for the use of telehealth, and document that consent. Under existing law, the failure of a health care provider to comply with these provisions constitutes unprofessional conduct.
This bill would require a health care provider to document the consent of the patient to use telehealth in either printed or electronic form.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 49452 of the Education Code is amended to read:49452. The governing board of any a school district shall, subject to Section 49451, provide for the testing of the sight and hearing of each pupil enrolled in the schools of the school district. The test shall be adequate in nature and shall be given only by duly qualified supervisors of health employed by the school district; or by certificated employees of the school district or of the county superintendent of schools who possess the qualifications prescribed by the Commission for on Teacher Preparation and Licensing; or Credentialing; by contract with an agency duly authorized to perform those services by the county superintendent of schools of the county in which the school district is located, under guidelines established by the State Board of Education; or state board; by accredited schools or colleges of optometry, osteopathic medicine, or medicine. medicine; or, for testing of sight only, by a nonprofit mobile vision care services provider pursuant to Section 49455.5. The records of the tests shall serve as evidence of the need of the pupils for the educational facilities provided physically handicapped individuals. The equipment necessary to conduct the tests may be purchased or rented by governing boards of school districts. The state, any agency, or political subdivision thereof may sell or rent any such equipment owned by it to the governing board of any a school district upon terms as may be mutually agreeable.SEC. 2. Section 49455.5 is added to the Education Code, to read:49455.5. (a) A public school maintaining kindergarten or any of grades 1 to 12, inclusive, may enter into a memorandum of understanding with a nonprofit mobile vision care services provider to provide vision care services to pupils at the schoolsite of the public school. Vision care services shall be noninvasive, and shall consist only of providing vision examinations and eyeglasses.(b) Before vision care services are provided at the schoolsite of a public school pursuant to subdivision (a), the public school shall notify parents and guardians, in accordance with Section 48985, of the upcoming provision of vision care services at the schoolsite. Notification shall include a form on which a parent or guardian may indicate that he or she does not consent to vision care services being provided, pursuant to subdivision (a), to his or her child. The parent or guardian may opt out of his or her child receiving vision care services, pursuant to subdivision (a), by submitting the completed form to the public school before vision care services are provided at the schoolsite. A parent or guardian who has already submitted a written statement in accordance with Section 49451 is deemed to have opted out of his or her child receiving vision care services pursuant to subdivision (a).SECTION 1.Section 2290.5 of the Business and Professions Code is amended to read:2290.5.(a)For purposes of this division, the following definitions shall apply:(1)Asynchronous store and forward means the transmission of a patients medical information from an originating site to the health care provider at a distant site without the presence of the patient.(2)Distant site means a site where a health care provider who provides health care services is located while providing these services via a telecommunications system.(3)Health care provider means either of the following:(A)A person who is licensed under this division.(B)A marriage and family therapist intern or trainee functioning pursuant to Section 4980.43.(4)Originating site means a site where a patient is located at the time health care services are provided via a telecommunications system or where the asynchronous store and forward service originates.(5)Synchronous interaction means a real-time interaction between a patient and a health care provider located at a distant site.(6)Telehealth means the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patients health care while the patient is at the originating site and the health care provider is at a distant site. Telehealth facilitates patient self-management and caregiver support for patients and includes synchronous interactions and asynchronous store and forward transfers.(b)Prior to the delivery of health care via telehealth, the health care provider initiating the use of telehealth shall inform the patient about the use of telehealth and obtain verbal or written consent from the patient for the use of telehealth as an acceptable mode of delivering health care services and public health. The consent shall be documented by the health care provider in either printed or electronic form.(c)Nothing in this section shall preclude a patient from receiving in-person health care delivery services during a specified course of health care and treatment after agreeing to receive services via telehealth.(d)The failure of a health care provider to comply with this section shall constitute unprofessional conduct. Section 2314 shall not apply to this section.(e)This section shall not be construed to alter the scope of practice of any health care provider or authorize the delivery of health care services in a setting, or in a manner, not otherwise authorized by law.(f)All laws regarding the confidentiality of health care information and a patients rights to his or her medical information shall apply to telehealth interactions.(g)This section shall not apply to a patient under the jurisdiction of the Department of Corrections and Rehabilitation or any other correctional facility.(h)(1)Notwithstanding any other provision of law and for purposes of this section, the governing body of the hospital whose patients are receiving the telehealth services may grant privileges to, and verify and approve credentials for, providers of telehealth services based on its medical staff recommendations that rely on information provided by the distant-site hospital or telehealth entity, as described in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations.(2)By enacting this subdivision, it is the intent of the Legislature to authorize a hospital to grant privileges to, and verify and approve credentials for, providers of telehealth services as described in paragraph (1).(3)For the purposes of this subdivision, telehealth shall include telemedicine as the term is referenced in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 49452 of the Education Code is amended to read:49452. The governing board of any a school district shall, subject to Section 49451, provide for the testing of the sight and hearing of each pupil enrolled in the schools of the school district. The test shall be adequate in nature and shall be given only by duly qualified supervisors of health employed by the school district; or by certificated employees of the school district or of the county superintendent of schools who possess the qualifications prescribed by the Commission for on Teacher Preparation and Licensing; or Credentialing; by contract with an agency duly authorized to perform those services by the county superintendent of schools of the county in which the school district is located, under guidelines established by the State Board of Education; or state board; by accredited schools or colleges of optometry, osteopathic medicine, or medicine. medicine; or, for testing of sight only, by a nonprofit mobile vision care services provider pursuant to Section 49455.5. The records of the tests shall serve as evidence of the need of the pupils for the educational facilities provided physically handicapped individuals. The equipment necessary to conduct the tests may be purchased or rented by governing boards of school districts. The state, any agency, or political subdivision thereof may sell or rent any such equipment owned by it to the governing board of any a school district upon terms as may be mutually agreeable.
SECTION 1. Section 49452 of the Education Code is amended to read:
### SECTION 1.
49452. The governing board of any a school district shall, subject to Section 49451, provide for the testing of the sight and hearing of each pupil enrolled in the schools of the school district. The test shall be adequate in nature and shall be given only by duly qualified supervisors of health employed by the school district; or by certificated employees of the school district or of the county superintendent of schools who possess the qualifications prescribed by the Commission for on Teacher Preparation and Licensing; or Credentialing; by contract with an agency duly authorized to perform those services by the county superintendent of schools of the county in which the school district is located, under guidelines established by the State Board of Education; or state board; by accredited schools or colleges of optometry, osteopathic medicine, or medicine. medicine; or, for testing of sight only, by a nonprofit mobile vision care services provider pursuant to Section 49455.5. The records of the tests shall serve as evidence of the need of the pupils for the educational facilities provided physically handicapped individuals. The equipment necessary to conduct the tests may be purchased or rented by governing boards of school districts. The state, any agency, or political subdivision thereof may sell or rent any such equipment owned by it to the governing board of any a school district upon terms as may be mutually agreeable.
49452. The governing board of any a school district shall, subject to Section 49451, provide for the testing of the sight and hearing of each pupil enrolled in the schools of the school district. The test shall be adequate in nature and shall be given only by duly qualified supervisors of health employed by the school district; or by certificated employees of the school district or of the county superintendent of schools who possess the qualifications prescribed by the Commission for on Teacher Preparation and Licensing; or Credentialing; by contract with an agency duly authorized to perform those services by the county superintendent of schools of the county in which the school district is located, under guidelines established by the State Board of Education; or state board; by accredited schools or colleges of optometry, osteopathic medicine, or medicine. medicine; or, for testing of sight only, by a nonprofit mobile vision care services provider pursuant to Section 49455.5. The records of the tests shall serve as evidence of the need of the pupils for the educational facilities provided physically handicapped individuals. The equipment necessary to conduct the tests may be purchased or rented by governing boards of school districts. The state, any agency, or political subdivision thereof may sell or rent any such equipment owned by it to the governing board of any a school district upon terms as may be mutually agreeable.
49452. The governing board of any a school district shall, subject to Section 49451, provide for the testing of the sight and hearing of each pupil enrolled in the schools of the school district. The test shall be adequate in nature and shall be given only by duly qualified supervisors of health employed by the school district; or by certificated employees of the school district or of the county superintendent of schools who possess the qualifications prescribed by the Commission for on Teacher Preparation and Licensing; or Credentialing; by contract with an agency duly authorized to perform those services by the county superintendent of schools of the county in which the school district is located, under guidelines established by the State Board of Education; or state board; by accredited schools or colleges of optometry, osteopathic medicine, or medicine. medicine; or, for testing of sight only, by a nonprofit mobile vision care services provider pursuant to Section 49455.5. The records of the tests shall serve as evidence of the need of the pupils for the educational facilities provided physically handicapped individuals. The equipment necessary to conduct the tests may be purchased or rented by governing boards of school districts. The state, any agency, or political subdivision thereof may sell or rent any such equipment owned by it to the governing board of any a school district upon terms as may be mutually agreeable.
49452. The governing board of any a school district shall, subject to Section 49451, provide for the testing of the sight and hearing of each pupil enrolled in the schools of the school district. The test shall be adequate in nature and shall be given only by duly qualified supervisors of health employed by the school district; or by certificated employees of the school district or of the county superintendent of schools who possess the qualifications prescribed by the Commission for on Teacher Preparation and Licensing; or Credentialing; by contract with an agency duly authorized to perform those services by the county superintendent of schools of the county in which the school district is located, under guidelines established by the State Board of Education; or state board; by accredited schools or colleges of optometry, osteopathic medicine, or medicine. medicine; or, for testing of sight only, by a nonprofit mobile vision care services provider pursuant to Section 49455.5. The records of the tests shall serve as evidence of the need of the pupils for the educational facilities provided physically handicapped individuals. The equipment necessary to conduct the tests may be purchased or rented by governing boards of school districts. The state, any agency, or political subdivision thereof may sell or rent any such equipment owned by it to the governing board of any a school district upon terms as may be mutually agreeable.
SEC. 2. Section 49455.5 is added to the Education Code, to read:49455.5. (a) A public school maintaining kindergarten or any of grades 1 to 12, inclusive, may enter into a memorandum of understanding with a nonprofit mobile vision care services provider to provide vision care services to pupils at the schoolsite of the public school. Vision care services shall be noninvasive, and shall consist only of providing vision examinations and eyeglasses.(b) Before vision care services are provided at the schoolsite of a public school pursuant to subdivision (a), the public school shall notify parents and guardians, in accordance with Section 48985, of the upcoming provision of vision care services at the schoolsite. Notification shall include a form on which a parent or guardian may indicate that he or she does not consent to vision care services being provided, pursuant to subdivision (a), to his or her child. The parent or guardian may opt out of his or her child receiving vision care services, pursuant to subdivision (a), by submitting the completed form to the public school before vision care services are provided at the schoolsite. A parent or guardian who has already submitted a written statement in accordance with Section 49451 is deemed to have opted out of his or her child receiving vision care services pursuant to subdivision (a).
SEC. 2. Section 49455.5 is added to the Education Code, to read:
### SEC. 2.
49455.5. (a) A public school maintaining kindergarten or any of grades 1 to 12, inclusive, may enter into a memorandum of understanding with a nonprofit mobile vision care services provider to provide vision care services to pupils at the schoolsite of the public school. Vision care services shall be noninvasive, and shall consist only of providing vision examinations and eyeglasses.(b) Before vision care services are provided at the schoolsite of a public school pursuant to subdivision (a), the public school shall notify parents and guardians, in accordance with Section 48985, of the upcoming provision of vision care services at the schoolsite. Notification shall include a form on which a parent or guardian may indicate that he or she does not consent to vision care services being provided, pursuant to subdivision (a), to his or her child. The parent or guardian may opt out of his or her child receiving vision care services, pursuant to subdivision (a), by submitting the completed form to the public school before vision care services are provided at the schoolsite. A parent or guardian who has already submitted a written statement in accordance with Section 49451 is deemed to have opted out of his or her child receiving vision care services pursuant to subdivision (a).
49455.5. (a) A public school maintaining kindergarten or any of grades 1 to 12, inclusive, may enter into a memorandum of understanding with a nonprofit mobile vision care services provider to provide vision care services to pupils at the schoolsite of the public school. Vision care services shall be noninvasive, and shall consist only of providing vision examinations and eyeglasses.(b) Before vision care services are provided at the schoolsite of a public school pursuant to subdivision (a), the public school shall notify parents and guardians, in accordance with Section 48985, of the upcoming provision of vision care services at the schoolsite. Notification shall include a form on which a parent or guardian may indicate that he or she does not consent to vision care services being provided, pursuant to subdivision (a), to his or her child. The parent or guardian may opt out of his or her child receiving vision care services, pursuant to subdivision (a), by submitting the completed form to the public school before vision care services are provided at the schoolsite. A parent or guardian who has already submitted a written statement in accordance with Section 49451 is deemed to have opted out of his or her child receiving vision care services pursuant to subdivision (a).
49455.5. (a) A public school maintaining kindergarten or any of grades 1 to 12, inclusive, may enter into a memorandum of understanding with a nonprofit mobile vision care services provider to provide vision care services to pupils at the schoolsite of the public school. Vision care services shall be noninvasive, and shall consist only of providing vision examinations and eyeglasses.(b) Before vision care services are provided at the schoolsite of a public school pursuant to subdivision (a), the public school shall notify parents and guardians, in accordance with Section 48985, of the upcoming provision of vision care services at the schoolsite. Notification shall include a form on which a parent or guardian may indicate that he or she does not consent to vision care services being provided, pursuant to subdivision (a), to his or her child. The parent or guardian may opt out of his or her child receiving vision care services, pursuant to subdivision (a), by submitting the completed form to the public school before vision care services are provided at the schoolsite. A parent or guardian who has already submitted a written statement in accordance with Section 49451 is deemed to have opted out of his or her child receiving vision care services pursuant to subdivision (a).
49455.5. (a) A public school maintaining kindergarten or any of grades 1 to 12, inclusive, may enter into a memorandum of understanding with a nonprofit mobile vision care services provider to provide vision care services to pupils at the schoolsite of the public school. Vision care services shall be noninvasive, and shall consist only of providing vision examinations and eyeglasses.
(b) Before vision care services are provided at the schoolsite of a public school pursuant to subdivision (a), the public school shall notify parents and guardians, in accordance with Section 48985, of the upcoming provision of vision care services at the schoolsite. Notification shall include a form on which a parent or guardian may indicate that he or she does not consent to vision care services being provided, pursuant to subdivision (a), to his or her child. The parent or guardian may opt out of his or her child receiving vision care services, pursuant to subdivision (a), by submitting the completed form to the public school before vision care services are provided at the schoolsite. A parent or guardian who has already submitted a written statement in accordance with Section 49451 is deemed to have opted out of his or her child receiving vision care services pursuant to subdivision (a).
(a)For purposes of this division, the following definitions shall apply:
(1)Asynchronous store and forward means the transmission of a patients medical information from an originating site to the health care provider at a distant site without the presence of the patient.
(2)Distant site means a site where a health care provider who provides health care services is located while providing these services via a telecommunications system.
(3)Health care provider means either of the following:
(A)A person who is licensed under this division.
(B)A marriage and family therapist intern or trainee functioning pursuant to Section 4980.43.
(4)Originating site means a site where a patient is located at the time health care services are provided via a telecommunications system or where the asynchronous store and forward service originates.
(5)Synchronous interaction means a real-time interaction between a patient and a health care provider located at a distant site.
(6)Telehealth means the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patients health care while the patient is at the originating site and the health care provider is at a distant site. Telehealth facilitates patient self-management and caregiver support for patients and includes synchronous interactions and asynchronous store and forward transfers.
(b)Prior to the delivery of health care via telehealth, the health care provider initiating the use of telehealth shall inform the patient about the use of telehealth and obtain verbal or written consent from the patient for the use of telehealth as an acceptable mode of delivering health care services and public health. The consent shall be documented by the health care provider in either printed or electronic form.
(c)Nothing in this section shall preclude a patient from receiving in-person health care delivery services during a specified course of health care and treatment after agreeing to receive services via telehealth.
(d)The failure of a health care provider to comply with this section shall constitute unprofessional conduct. Section 2314 shall not apply to this section.
(e)This section shall not be construed to alter the scope of practice of any health care provider or authorize the delivery of health care services in a setting, or in a manner, not otherwise authorized by law.
(f)All laws regarding the confidentiality of health care information and a patients rights to his or her medical information shall apply to telehealth interactions.
(g)This section shall not apply to a patient under the jurisdiction of the Department of Corrections and Rehabilitation or any other correctional facility.
(h)(1)Notwithstanding any other provision of law and for purposes of this section, the governing body of the hospital whose patients are receiving the telehealth services may grant privileges to, and verify and approve credentials for, providers of telehealth services based on its medical staff recommendations that rely on information provided by the distant-site hospital or telehealth entity, as described in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations.
(2)By enacting this subdivision, it is the intent of the Legislature to authorize a hospital to grant privileges to, and verify and approve credentials for, providers of telehealth services as described in paragraph (1).
(3)For the purposes of this subdivision, telehealth shall include telemedicine as the term is referenced in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations.