Bill Text: MI HB4223 | 2019-2020 | 100th Legislature | Introduced


Bill Title: Health; screening; dental screening of children; require. Amends heading of pt. 93 & secs. 9307 & 9321 of 1978 PA 368 (MCL 333.9307 & 333.9321) & adds secs. 9312 & 9316.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-02-26 - Bill Electronically Reproduced 02/21/2019 [HB4223 Detail]

Download: Michigan-2019-HB4223-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4223

 

 

February 21, 2019, Introduced by Reps. VanSingel, Cynthia Johnson, Chirkun, Marino, Cherry, Elder, Love, Cambensy, Ellison, Frederick, Kahle, Sabo, Brann and Wozniak and referred to the Committee on Families, Children, and Seniors.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending the heading of part 93 and sections 9307 and 9321 (MCL

 

333.9307 and 333.9321), and by adding sections 9312 and 9316.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

PART 93

 

HEARING, AND VISION, AND DENTAL

 

     Sec. 9307. (1) A parent, guardian, or person in loco parentis

 

applying to have a child registered for the first time in a

 

kindergarten or first grade in a school in this state shall present

 

to school officials, at the time of registration or not later than

 


the first day of school, a certificate of hearing and vision

 

testing or screening or statement of exemption under section 9311.

 

     (2) Before November 1 of each year, the principal or

 

administrator of each school shall give the state and local health

 

departments a summary of the hearing and vision reports at the time

 

of school entry of new entering kindergarten and first grade

 

students. The reports shall must be made on forms provided or

 

approved by the department.

 

     (3) Records of testing and screening administered and

 

conducted shall be made and preserved as provided by the

 

department. The records shall be available to health agencies and

 

other persons to assist in obtaining proper and necessary health

 

and educational care, attention, and treatment as permitted by the

 

department. Individual testing and screening records shall be

 

confidential as required by section 2637.

 

     Sec. 9312. Records of hearing or vision testing and screening

 

administered and conducted under this part and of dental oral

 

assessments administered and conducted under this part must be made

 

and preserved as provided by the department. The records must be

 

available to health agencies and other persons to assist in

 

obtaining proper and necessary health, dental, and educational

 

care, attention, and treatment as permitted by the department.

 

Individual records are confidential as required by section 2637.

 

     Sec. 9316. (1) By the 2019-2020 school year, the department

 

shall establish and maintain a dental oral assessment program to

 

provide dental oral assessments to children residing in this state

 

whose parents, guardians, or persons in loco parentis have failed


to meet the requirements described in subsection (5)(a).

 

     (2) Subject to subsection (3), the department shall accomplish

 

the program by contracting with a government entity or person,

 

which may include a grantee health agency described in section

 

16625. The following apply to the government entity or person

 

selected by the department under this subsection:

 

     (a) The government entity or person shall conduct the program

 

in each area served by a local health department and shall

 

publicize the dental oral assessment service and the time and place

 

of the clinics.

 

     (b) A dental oral assessment administered under the program

 

must include a limited clinical inspection, performed by a dentist

 

or a dental hygienist, to identify possible signs of oral or

 

systemic disease, malformation, or injury, and the potential need

 

for referral for diagnosis and treatment.

 

     (3) If a school district has entered into a contract with a

 

government entity or person to administer dental oral assessments

 

to the school district's students, the school district may continue

 

to use the government entity or person to conduct the dental oral

 

assessments if the school district ensures that the dental oral

 

assessments are conducted by May 31 of each year and the

 

requirements of subsections (4) and (7) are met and provides all of

 

the following information to the department:

 

     (i) The name of the government entity or person that conducts

 

the dental oral assessments.

 

     (ii) Each date the government entity or person is scheduled to

 

provide the dental oral assessments.


     (iii) The total number of dental oral assessments that are

 

scheduled.

 

     (4) When the result of a dental oral assessment indicates that

 

a child requires follow-up care, the dentist or dental hygienist or

 

government entity or person conducting the assessment shall present

 

to the individual bringing the child a written statement clearly

 

indicating that follow-up treatment is required and, upon request,

 

provide information concerning the availability and sources of

 

dental treatment required to eliminate or reduce an identified

 

problem.

 

     (5) Beginning in the 2019-2020 school year, a parent,

 

guardian, or person in loco parentis applying to have a child

 

registered for the first time in kindergarten or first grade in a

 

school in this state shall comply with the following:

 

     (a) Ensure that a dentist or dental hygienist conducts a

 

dental oral assessment on the child not earlier than 6 months

 

before the date of the child's registration with the school and

 

obtain from the dentist or dental hygienist a written statement

 

certifying that the child has received the dental oral assessment

 

within the time frame required under this subdivision. The written

 

statement must be on a form prescribed by the department.

 

     (b) If the parent, guardian, or person in loco parentis of the

 

child fails to meet the requirements described in subdivision (a),

 

the parent, guardian, or person in loco parentis of the child shall

 

ensure that the government entity or person selected by the

 

department under subsection (2) conducts a dental oral assessment

 

on the child.


     (6) Beginning in the 2019-2020 school year, a parent,

 

guardian, or person in loco parentis applying to have a child

 

registered for the first time in kindergarten or first grade in a

 

school in this state shall present to school officials, at the time

 

of registration or not later than the first day of school, a

 

statement of exemption under section 9311; the statement described

 

in subsection (5); or a written statement indicating that the

 

parent, guardian, or person in loco parentis of the child will

 

provide for the child's dental oral assessment by a government

 

entity or person selected by the department under subsection (2). A

 

child shall not be excluded from school attendance if the parent,

 

guardian, or person in loco parentis of the child fails to present

 

a statement to school officials on or before the first day of

 

school as required by this section.

 

     (7) Before November 1 of each year, beginning in the 2019-2020

 

school year, the principal or administrator of each school shall

 

give the department a summary of the dental reports at the time of

 

school entry of new kindergarten and first grade students. The

 

reports must be made on forms provided or approved by the

 

department.

 

     (8) This section does not apply in a fiscal year in which the

 

legislature does not appropriate money for the program.

 

     (9) As used in this section, "program" means the dental oral

 

assessment program described in subsection (1).

 

     Sec. 9321. The department may promulgate rules to implement

 

this part, including, but not limited to, the age and frequency for

 

hearing and vision testing and screening under section 9302 and the


maintenance and disclosure of records under section 9307.9312.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

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