Oklahoma 2024 2024 Regular Session

Oklahoma Senate Bill SB1319 Amended / Bill

Filed 04/18/2024

                     
 
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HOUSE OF REPRESENTATIVES - FLOOR VERSION 
 
STATE OF OKLAHOMA 
 
2nd Session of the 59th Legislature (2024) 
 
ENGROSSED SENATE 
BILL NO. 1319 	By: Seifried of the Senate 
 
  and 
 
  Newton of the House 
 
 
 
 
 
 
 
 
[ vision screenings - Revolving Fund - expenditure - 
grants - report - electronic eye chart - platform and 
data management system - information - codification - 
effective date -  
 	emergency ] 
 
 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 1 -114.21 of Title 63, unless 
there is created a duplica tion in numbering, reads as follows: 
There is hereby created in the State Treasury a revolving fund 
for the State Department of Health to be de signated 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 monies deposited to the credit of the fund 
by law or from private funds donat ed 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 s chools 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 warrants issued by 
the State Treasurer against claims filed as pr escribed 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 duplicati on in numbering, reads as follows: 
A.  The State Department of Health may award grants to public 
schools from the Public School Vision Screening Modernization 
Revolving Fund created in Section 1 of this act 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 Senate, the Speaker of the House of 
Representatives, and the Governor by January 15 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 r ead as follows: 
Section 1210.284.  A.  1.  The parent or guardian of each 
student enrolled in kindergarten at a p ublic school in this state 
shall provide certification to school personnel that the student 
passed a vision screening within the previous twelv e (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 ophthalm ologists. 
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 vis ion screening 
within the previous twelve (12) months.  Such screening shall be 
conducted by personnel listed on t he statewide registry as 
maintained by the State Department of Health; provided, Oklahoma   
 
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licensed optometrists and ophthalmologists shall be e xempt from such 
standards. 
3.  The parent or guardian of each student who receives a vision 
screening as required by this section shall recei ve notification 
that a vision screening is not the equivalent of a comprehensive eye 
exam. 
B.  1.  The Infant and C hildren’s Health Advisory Council 
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 referral; provided, 
Oklahoma licensed optometr ists and ophthalmologists 
shall be exempt from such standards, 
b. qualifications for initial recognition and rene wal 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   
 
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e. grounds for denial, refusal, suspe nsion 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 visi on screener trainers, and 
c. maintain the standards for vision screening 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, 
automated computer program, or method of displaying on 
an electronic screen medically accepted and properly 
sized optotypes, which may be letters, numbers, or 
symbols, that is used to assess an individual ’s visual 
acuity.  An electronic eye chart shall meet national 
standards of care and shall meet the guidelines 
established by the 2016 version, or most recent 
version if updated, of the Procedures for the   
 
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Evaluation of the Vis ual System by Pediatricians 
produced by the American Academy of Pediatrics , and 
d. subject to availability of funds, maintain a cloud -
based platform and data management system that is 
compliant with the Health Insurance Portability and 
Accountability Act o f 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 .  The State 
Department of Education shall share vision screening 
results and any other relevant information with the 
State Department of Health for the purpose of 
implementing this subparagraph.  The agencies shall 
enter into an interagency agreement for the sharing of 
information as provided by this subparagraph . 
3.  After notice and hearing, the Department State Department of 
Health may deny, refuse, suspend or revoke a pproval to an applicant 
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 Commissioner to implement the provisions of 
this section,   
 
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b. referring persons to a bus iness 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 Commissioner, giving consideration to the 
recommendations of the Council, shall pro mulgate 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 compre hensive 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 healt h care 
provider designated b y 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,   
 
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e. a summary of significa nt 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:  pref erential 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 prohibite d 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 s hall notify parents or guard ians of 
students who enroll in kindergarten, first, or third grade for the 
2007-08 school year and each year therea fter 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 4.  This act shall become effective July 1, 202 4.   
 
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SECTION 5.  It being immediately necessary for the preservation 
of the public peace, health or safety, an emergency is hereb y 
declared to exist, by reason whereof this act shall take effect and 
be in full force from and after its passage and approval. 
 
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated 
04/18/2024 - DO PASS, As Amended.