Bill Text: MI SB0411 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Health; screening; vision screening; expand to include certain grades and require follow-up procedures under certain circumstances. Amends secs. 9302, 9305 & 9321 of 1978 PA 368 (MCL 333.9302 et seq.) & adds sec. 9308.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-05-30 - Referred To Committee On Health Policy [SB0411 Detail]

Download: Michigan-2017-SB0411-Introduced.html

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SENATE BILL No. 411

 

 

May 30, 2017, Introduced by Senators JONES, PROOS, HERTEL, SCHUITMAKER, MARLEAU, MACGREGOR, HUNE, KNOLLENBERG, EMMONS, SCHMIDT, ROBERTSON, BRANDENBURG, O'BRIEN and HANSEN and referred to the Committee on Health Policy.

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 9302, 9305, and 9321 (MCL 333.9302, 333.9305,

 

and 333.9321), and by adding section 9308.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 9302. A parent , or guardian of, or person standing in

 

loco parentis of to, a child shall provide for the child's hearing

 

and vision testing and screening by an agency designated by the

 

local health department. The Subject to section 9308, the testing

 

and screening shall must be given during an age period and at a

 

frequency specified by the department.

 

     Sec. 9305. (1) When Subject to section 9308, if the result of

 

a hearing or vision testing or screening indicates that a child

 

requires follow-up care, a professional authorized by law, a local

 

health department, or other another agency shall present the person

bringing the child a written statement clearly indicating that

 

follow-up treatment is required.

 

     (2) The local health department, upon request, shall provide

 

information concerning the availability and sources of vision and

 

hearing treatment required to eliminate or reduce an identified

 

problem.

 

     Sec. 9308. (1) Subject to section 9311, in addition to the

 

vision testing and screening required by the department in rules

 

promulgated under this part, a local health department shall ensure

 

that each child residing in its jurisdiction who is enrolled in a

 

school in this state in each of grades 1, 3, 5, 7, and 9 is

 

provided with a vision screening before the end of the school year.

 

The local health department shall ensure that the results of each

 

child's vision screening are provided to the principal or

 

administrator of the child's school. The principal or administrator

 

of the child's school shall use the results solely for use in

 

assessing the child's educational progress and needs.

 

     (2) If the result of a vision screening under subsection (1)

 

indicates that the child requires follow-up care or a qualified

 

individual identifies the child as being a struggling reader,

 

recommends that the child be evaluated to determine if he or she is

 

a student with a disability due to reading difficulties, or

 

recommends that the child be scheduled for an individualized

 

education program or a section 504 plan, then all of the following

 

apply:

 

     (a) The qualified individual shall submit, in writing, a

 

request to the appropriate local health department that the child

receive a comprehensive eye and vision examination.

 

     (b) Within 30 days after receiving the result of the vision

 

screening, or upon receiving the request described in subdivision

 

(a), the local health department shall notify the parent or

 

guardian of, or person standing in loco parentis to, the child in

 

writing that the child is required to have a comprehensive eye and

 

vision examination as described in subdivision (c).

 

     (c) Within 60 days after the date of the notice described in

 

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

 

of the child shall ensure that the child has a comprehensive eye

 

and vision examination conducted by an eye care professional. The

 

comprehensive eye and vision examination required under this

 

subdivision must have an emphasis on visual functioning, including,

 

but not limited to, refractive, accommodative, binocular, saccadic

 

eye movement, and convergence sufficiency, that have been

 

demonstrated to have an impact on reading and academic success.

 

Within 30 days after conducting the examination, the eye care

 

professional shall, in compliance with all applicable law, submit

 

to the local health department and, if applicable, the qualified

 

individual who submitted the request described in subdivision (a),

 

a certificate signed by the eye care professional that does all of

 

the following:

 

     (i) Acknowledges that the child has received the comprehensive

 

eye and vision examination required under this subdivision.

 

     (ii) Indicates whether the eye care professional recommends

 

vision correction, vision therapy, or other treatment or

 

appropriate interventions.

     (iii) If there is a treatment recommendation under

 

subparagraph (ii), confirms that the parent or guardian of, or

 

person standing in loco parentis to, the child has complied with,

 

or is in the process of complying with, that treatment

 

recommendation.

 

     (d) If the local health department does not receive the

 

certificate required under subdivision (c) for a child within the

 

time period allowed, the local health department shall take

 

appropriate steps to remind the parent, guardian, or person in loco

 

parentis of the child that the child is required to have the

 

comprehensive eye and vision examination described in subdivision

 

(c).

 

     (3) As used in this section:

 

     (a) "Eye care professional" means a physician licensed under

 

part 170 or 175 who specializes in ophthalmology or an optometrist

 

licensed under part 174.

 

     (b) "Individualized education program" means that term as

 

described in R 340.1721e of the Michigan Administrative Code.

 

     (c) "Qualified individual" means the child's teacher, school

 

psychologist, school counselor, or principal or administrator.

 

     (d) "Section 504 plan" means a plan under section 504 of title

 

V of the rehabilitation act of 1973, 29 USC 794.

 

     Sec. 9321. The Subject to section 9308, the department may

 

promulgate rules to implement this part, including the age and

 

frequency for testing and screening under section 9302 and the

 

maintenance and disclosure of records under section 9307.

 

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.