Bill Text: CA AB2329 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Pupil health: eye examinations: schoolsites.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2022-09-30 - Chaptered by Secretary of State - Chapter 911, Statutes of 2022. [AB2329 Detail]
Download: California-2021-AB2329-Amended.html
mobile vision examination provider to provide vision examinations to pupils at the schoolsite of the public school. Vision examinations provided under this section shall be supplemental to, and shall not replace, the vision screenings provided pursuant to Section 49455, and shall be noninvasive and provided exclusively for the purpose of providing vision examinations and eyeglasses. Vision examination providers providing vision examinations pursuant to this section shall provide reports to parents and guardians
consistent with Section 49456.
Bill Title: Pupil health: eye examinations: schoolsites.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2022-09-30 - Chaptered by Secretary of State - Chapter 911, Statutes of 2022. [AB2329 Detail]
Download: California-2021-AB2329-Amended.html
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Amended
IN
Senate
June 06, 2022 |
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Amended
IN
Assembly
March 30, 2022 |
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Amended
IN
Assembly
March 15, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2329
| Introduced by Assembly Member Carrillo |
February 16, 2022 |
An act to add Section 49455.5 to the Education Code, relating to pupil health.
LEGISLATIVE COUNSEL'S DIGEST
AB 2329, as amended, Carrillo.
Pupil health: mobile vision examinations: schoolsites.
Existing law requires the governing board of a school district to provide for the adequate testing of the sight and hearing of each pupil enrolled in the schools of the school district to be given only by specified persons.
Existing law requires a school nurse or other authorized person to appraise the vision of a pupil during kindergarten, or upon first enrollment or entry of that pupil in a California school district at an elementary school, and in grades 2, 5, and 8, as specified. Existing law authorizes a parent or guardian having control or charge of any child enrolled in the public schools to file annually with the principal of the school in which the child is enrolled a statement in writing, signed by the parent or guardian, stating that they will not consent to a physical examination of the child. Existing law requires that child to
be exempt from any physical examination, as provided.
This bill would authorize a public school, as defined, to enter into a memorandum of understanding with a nonprofit mobile vision examination provider provider, including, but not limited to, a nonprofit mobile vision examination provider, as defined, to provide noninvasive vision examinations consisting of providing vision examinations and eyeglasses to pupils at the schoolsite of the public school. The bill would require vision examinations provided pursuant to the bill’s provisions to be supplemental to, and to not replace, the above-referenced vision appraisals or screenings provided pursuant to existing law. The bill would require a
public school to provide parents and guardians with an opportunity to opt out of their child receiving these vision care services, as provided. The bill would require the State Department of Education to develop and post on appropriate department internet websites a model opt-out form for these purposes. The bill would provide that failure to opt out by a parent or guardian would be deemed informed medical consent for the vision examination, as provided.
The bill would provide that parents, guardians, or pupils who do not opt out shall be deemed to have waived all claims against a public school and the State of California for any injury, accident, illness, or death that occurred during or by reason of participating in a vision examination, as provided. The bill would provide that parents, guardians, or pupils who participate in a vision examination shall be deemed to have waived all claims against participating licensed health care professionals for provided
services without parent or guardian consent. The bill would provide that licensed health care professionals who provide authorized services shall have immunity from civil and criminal liability and immunity from any disciplinary actions from a professional licensing board, except as provided.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 49455.5 is added to the Education Code, to read:49455.5.
(a) A public school maintaining kindergarten or any of grades 1 to 12, inclusive, may enter into a memorandum of understanding with a nonprofit(b) (1) Before a vision examination is provided at a schoolsite of a public school pursuant to subdivision (a), a public school shall have a memorandum of understanding in place with a nonprofit mobile vision examination provider provider, including, but not limited to, a nonprofit mobile vision examination provider, and the public school shall notify parents and guardians of the upcoming provision of vision examinations at the schoolsite. Notification shall include a form on which a parent or guardian may indicate that they do not consent to a vision
examination being provided, pursuant to subdivision (a), to their child. The parent or guardian may opt out of their child receiving a vision examination, pursuant to subdivision (a), by submitting the completed form to the public school before a vision examination is provided at the schoolsite. Except as provided in clause (ii) of subparagraph (D) of paragraph (3) of subdivision (d), a parent or guardian who submits a written statement in accordance with Section 49451 is deemed to have opted out of their child receiving a vision examination pursuant to subdivision (a).
(2) No later than March 1, 2023, the department shall develop and post on appropriate department internet websites a model opt-out form for purposes of paragraph (1).
(c) Notwithstanding any other law, including,
but not limited to, any other provision of this article, Sections 6910, 6911, 6924, 6925, and 6926 of the Family Code, and Sections 5675 and 5768 of the Welfare and Institutions Code, if a parent or guardian does not opt out by submitting the form pursuant to subdivision (b), or submitting a written statement in accordance with Section 49451, it shall be deemed informed medical consent for the vision examination for purposes of Section 49091.12.
(d) (1) Parents, guardians, or pupils who do not opt out by submitting the form pursuant to subdivision (b), or by submitting a written statement in accordance with Section 49451, shall be deemed to have waived all claims against the public school and the State of California for injury, accident, illness, or death that occurs during or by reason of participating in a vision
examination pursuant to this section.
(2) (A) Parents, guardians, or pupils who participate in a vision examination pursuant to this section shall be deemed to have waived all claims against participating licensed health care professionals for providing services without parent or guardian consent pursuant to this section or Section 49091.12.
(B) Subject to paragraph (3), participating licensed health care professionals, including independent contractors of those professionals, who provide services that are authorized by this section, shall have immunity from civil and criminal liability, and shall not be subject to disciplinary action by a licensing board.
(3) This subdivision does not affect any of the
following:
(A) A person’s liability for damages caused by an act or omission that constitutes gross negligence or willful or wanton misconduct.
(B) A person’s culpability for an act that constitutes a crime and is not specifically authorized by this section.
(C) The ability of a licensing board to take disciplinary action against a licensed health care professional for an act not specifically authorized by this section.
(D) (i) The ability of a parent or guardian, having control or charge of a pupil enrolled in the public school, to file an annual written statement pursuant to Section 49451, stating that they do not consent to a physical
examination of their child, thereby exempting the pupil from any physical examination, including, but not limited to, the vision examination authorized in this section.
(ii) Notwithstanding the filing of a written statement exempting a child from any physical examination in accordance with Section 49451, a parent or guardian having control or charge of any child enrolled in the public school may consent to a vision examination authorized in this section by means of executing a written consent to the examination, a copy of which shall be provided to the parent or guardian and the school.
(e) Vision examination providers providing vision examinations to pupils at a public school pursuant to this section are subject to, and shall comply with, Section 51520.
(f) Any nonprofit mobile vision examination provider, participating licensed health care professional, including independent contractors of these professionals, or other entity providing services under this section shall comply with the requirements of Section 45125.1 before interacting with any pupils.
(g) For purposes of this section, “public the following definitions apply:
(1) “Nonprofit mobile vision examination provider” means a nonprofit optometric provider that uses a “mobile optometric office,” as defined in subdivision (a) of Section 3070.2 of the Business and Professions Code.
(2) “Public
school” means a school of a school district or a charter school.
