Req. No. 7700 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 58th Legislature (2021) COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 1598 By: Provenzano COMMITTEE SUBSTITUTE An Act relating to students; amending 70 O.S. 2011, Section 1210.284, as last amended by Sectio n 79, Chapter 229, O.S.L. 2013 (70 O.S. Supp. 2020, Section 1210.284), which relates to vision screening of students; authorizing the State Department of Education to approve vision screeners to conduct certain screenings; updating references; providing an effective date; and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 70 O.S. 2011, Section 1210.284, as last amended by Section 79, Chapter 229, O.S.L. 2013 (70 O.S. S upp. 2020, Section 1210.284), is amended to read as follows: Section 1210.284 A. 1. The parent or legal 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 Req. No. 7700 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 personnel listed on the statewide registry as maintained by the State Department of Health. 2. The parent or legal 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 twelv e (12) months. Such screening shall be conducted by personnel listed on the statewide registry as maintained by the State Department of Health or by personnel approved by the State Department of Education as provided in subsection C of this section . 3. The parent or legal 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 Section 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, b. qualifications for initial recognition and renewa l of recognition of vision screeners, c. qualifications for initial recognition and renewal of recognition of vision screener trainers, Req. No. 7700 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 d. qualifications for initial recognition and renewal of recognition of trainers of vision screener trainers, 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 hear ing, the Department may deny, refuse, suspend or revoke approval to an applicant which 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 Req. No. 7700 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Section 1-103a.1 of Title 63 of the Oklahoma Statutes, shall promulgate rules to implement the provisions of this section. C. In addition to the statewide registry maintained by the State Department of Health, the State Department of Education shall be authorized to approve vision screeners to conduct vision screenings pursuant to this section. D. 1. The parent or legal guardian of each student who fails the vision screening required in subsection A of this section shall receive a recommendation to undergo a comprehensive e ye 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 legal guardian, and primary health c are provider designated by the parent or legal 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, Req. No. 7700 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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: pre ferential 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. E. No student shall be prohi bited from attending school for a parent's or legal 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. F. School districts shall notify parents or legal 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. G. The State Board of Education shall adopt rule s 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. Req. No. 7700 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 2. This act shall become effective July 1, 2021. SECTION 3. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. 58-1-7700 AMM 02/23/21