Bill Text: MI HB4223 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Health: screening; dental oral assessment program for certain children; require department of health and human services to establish. Amends heading of pt. 93 & secs. 9307 & 9321 of 1978 PA 368 (MCL 333.9307 & 333.9321) & adds secs. 9312 & 9316.
Spectrum: Bipartisan Bill
Status: (Passed) 2020-12-31 - Assigned Pa 261'20 [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.
