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SENATE FLOOR VERSION
April 4, 2022
ENGROSSED HOUSE
BILL NO. 3823 By: Newton of the House
and
Rosino of the Senate
An Act relating to schools; amending 70 O.S. 20 21,
Section 1210.284, which relates to vision screening;
specifying that optometrists and ophthalmologists may
perform screening; adding certain exemptions; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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 person nel that the student passed a
vision screening withi n the previous twelve (12) months or during
the school year. Such screening shall be conducte d 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 optom etrists and ophthalmologists.
2. The parent or guardian of each student enrolled in first or
third grade at a publ ic school in this state shall provide within
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thirty (30) days of the beginning of the sch ool 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 Cou ncil
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 reco gnition and renewal of
recognition of vision screeners,
c. qualifications for initial recognition and renewal of
recognition of vision sc reener trainers,
d. qualifications for initial re cognition and renewal of
recognition of trainers of vision screener tr ainers;
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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 maint ain a statewide
registry, available via the Internet , which shall
contain a list of approved vision s creeners,
b. maintain a list of approved vision screener trainers
and trainers of vision screener trainers, and
c. maintain the standards for vision screen ing and
referral.
3. After notice and hearing, the Department may deny, refuse,
suspend or revoke ap proval to an applicant which who has a history
of:
a. noncompliance or inc omplete or partial compliance with
the provisions of this section or the rules ad opted by
the Board to implement the provisions of th is 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 t he applicant, or
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c. conduct which demonstrates that the applicant is
providing services in a manner w hich 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 t o 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 ophthalmolog ist or optometrist shall for ward a written
report of the results of the comprehensive eye examination to the
student's school, parent or guardian, and prim ary 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, medicatio n used, duration of action of
medication, treatment, prognosis, whether or no t a
return visit is recommended and, if so when,
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f. recommended educational adjustments for the child, if
any, which may includ e: 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 pr ohibited from attending school for a
parent's or guardian's failure to furnish a report of the studen t's
vision screening or an e xaminer'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 subs ection B of
this section. The State Department o f Education shall issue a
report annually on the impact and effectiveness of this section.
SECTION 2. This act shall become effective November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON HEAL TH AND HUMAN SERVICES
April 4, 2022 - DO PASS