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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1319 By: Seifried
AS INTRODUCED
An Act relating to vision screenings; creating the
Public School Vision Screening Modernization
Revolving Fund; specifying type of fund and sources
of monies; providing for expenditure of funds for
certain purposes; authorizing the State Department of
Health to award grants for certain purposes;
requiring submission of certain annual repo rt;
amending 70 O.S. 2021, Section 1210.284, as am ended
by Section 1, Chapter 112, O.S.L. 2022 (70 O.S. Supp.
2023, Section 1210.284), which relates to public
school vision screenings; requiring certain standards
to permit use of electro nic eye chart; defining term;
directing the Department to maintain ce rtain platform
and data management system; updating statutory
language; providing for codification; providing an
effective date; and declaring an emergen cy.
BE IT ENACTED BY THE PEOPLE OF THE ST ATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Secti on 1-114.21 of Title 63, unless
there is created a duplication in numbering, reads as follows:
There is hereby created in the State Treasury a revolving fund
for the State Department of Health to be designated the “Public
School Vision Screening Modernization Revolving Fund ”. The fund
shall be a continuing fund, not subject to fiscal year limitations,
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and shall consist of all mon ies deposited to the credit of the fund
by law or from private funds donated for one or both of the purposes
listed in this section. All monies accruing to the credit of the
fund are hereby appropriated and may be budgeted and expended by the
State Department of Health for the following purposes:
1. Awarding grants to public schools as provided by Section 2
of this act; and
2. Collection of necessary vision screening data including, but
not limited to, through the cloud-based platform and data management
system described in Section 1210.284 of Title 70 of the Oklahoma
Statutes.
Expenditures from the fund shall be made upon warrant s issued by
the State Treasurer against claims filed as prescribed by law with
the Director of the Office of Management and Enterprise Services for
approval and payment.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-114.22 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. The State Department of Health may award grants to public
schools from the Pub lic School Vision Screening Modernization
Revolving Fund created in Section 1 of this ac t for the purpose of
assisting public schools in obtaining vision screening equipment ,
collecting vision screening data, and obtaining related services to
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fulfill the requirements of Section 1210.284 of Title 70 of the
Oklahoma Statutes.
B. The State Department of Health shall electronically submit
an annual report on all grants awarded under this section to the
President Pro Tempore of the Sen ate, the Speaker of the House of
Representatives, and the Governor by January 1 5 of each year.
SECTION 3. AMENDATORY 70 O.S. 2021, Section 1210.284, as
amended by Section 1, Chapter 112, O.S.L. 2022 (70 O.S. Supp. 2023,
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 i n this state
shall provide certification to school person nel that the student
passed a vision screening w ithin the previous t welve (12) months or
during the school year. Such screening shall be conducted by
personnel listed on the statewide registry as mainta ined by the
State Department of Health , which may include, but not be limited
to, Oklahoma licensed o ptometrists 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 pr ovide within
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 regi stry as
maintained by the State Department of Health ; provided, Oklahoma
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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 secti on 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 1-103a.1 of Title 63 of the Oklahoma Statutes
shall make recommendations to the State Board Commissioner of Health
on:
a. standards for vision screening and refer ral; 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 screener trainers,
d. qualifications for initial recognition and renewal of
recognition of trainers of vision screener tr ainers;
provided, Oklahoma licensed opto metrists and
ophthalmologists shall be exempt from any training
requirements, and
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e. grounds for denial, refusal, suspension or revocation
of recognition of vision screeners, visio n 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 screeners,
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. Such standards shall permit the use of an
electronic eye chart as a substitute for a printed eye
chart to assess relative visual acuity. As used in
this subparagraph, “electronic eye chart” means any
computerized or other electronic system, device, or
method of displaying on an electro nic screen medically
accepted and properly sized optotypes, which may be
letters, numbers, or symbols, that is used to assess
an individual’s visual acuity. Electronic eye chart
does not include an automated computer program that
assesses an individual ’s visual acuity through the
individual’s interaction with the program by playing a
game, and
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d. maintain a cloud-based platform and data m anagement
system that is compliant with the Health Insurance
Portability and Accounta bility Act of 1996 and the
Family Educational Rights and Privacy Act of 1974 to
collect individual student screening results from each
school district, manage and report on compliance, and
act as an analytical platform for screening outcomes .
3. After notice and hearing, the Department may deny, refuse,
suspend or revoke ap proval to an applicant who has a history of:
a. noncompliance or incomplete or partial compliance with
the provisions of this section or the rules ad opted by
the Board Commissioner 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 t he applicant, or
c. conduct which demonstrates that the applicant is
providing services in a manner w hich does not warrant
public trust.
4. The Board Commissioner, giving consideration to the
recommendations of the Council, shall promulgate rules to implement
the provisions of this section.
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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 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, 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 t he child, if
any, which may includ e: preferential seating in the
classroom, eyeglasses for f ull-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.
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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 examiner’s failure to furnish the results of
a student’s comprehensive eye examination require d 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 subsec tion B of
this section. The State Department o f Education shall issue a
report annually on the impact and effectiveness of this section.
SECTION 4. This act shall become effective July 1 , 2024.
SECTION 5. It being immediately necessary for the preservation
of the public peace, healt h or safety, an emergency is hereby
declared to exist, by reason whereof this a ct shall take effect and
be in full force from and after its passage and approval.
59-2-2914 DC 12/13/2023 6:14:12 PM