SB1319 HFLR Page 1 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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, SB1319 HFLR Page 2 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 SB1319 HFLR Page 3 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 SB1319 HFLR Page 4 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 SB1319 HFLR Page 5 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 SB1319 HFLR Page 6 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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, SB1319 HFLR Page 7 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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, SB1319 HFLR Page 8 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. SB1319 HFLR Page 9 BOLD FACE denotes Committee Amendments. 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 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.