Bill Text: MO HB1333 | 2012 | Regular Session | Introduced
Bill Title: Changes the laws regarding vision examinations for school students
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-02-09 - Referred: Health Insurance (H) [HB1333 Detail]
Download: Missouri-2012-HB1333-Introduced.html
SECOND REGULAR SESSION
96TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE SATER.
5291L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 167.194 and 167.195, RSMo, and to enact in lieu thereof two new sections relating to school vision examinations.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 167.194 and 167.195, RSMo, are repealed and two new sections enacted in lieu thereof, to be known as sections 167.194 and 167.195, to read as follows:
167.194. 1. Beginning July 1, [2008] 2013, every child [enrolling in kindergarten or first grade in a public elementary school in this state] who is referred for a comprehensive vision examination under section 167.195 shall receive one comprehensive vision examination performed by a state licensed optometrist or physician. Evidence of the examination shall be submitted to the school no later than January first of the first year in which the student is enrolled at the school, provided that the evidence submitted in no way violates any provisions of Public Law 104-191, 42 U.S.C. 201, et seq, Health Insurance Portability and Accountability Act of 1996.
2. The state board of education, in conjunction with the department of health and senior services, shall promulgate rules establishing the criteria for meeting the requirements of subsection 1 of this section, which may include, but are not limited to, forms or other proof of such examination, or other rules as are necessary for the enforcement of this section. The form or other proof of such examination shall include but not be limited to identifying the result of the examinations performed under subsection 4 of this section, the cost for the examination, the examiner's qualifications, and method of payment through either:
(1) Insurance;
(2) The state Medicaid program;
(3) Complimentary; or
(4) Other form of payment.
3. The department of elementary and secondary education, in conjunction with the department of health and senior services, shall compile and maintain a list of sources to which children who may need vision examinations or children who have been found to need further examination or vision correction may be referred for treatment on a free or reduced-cost basis. The sources may include individuals, and federal, state, local government, and private programs. The department of elementary and secondary education shall ensure that the superintendent of schools, the principal of each elementary school, the school nurse or other person responsible for school health services, and the parent organization for each district elementary school receives an updated copy of the list each year prior to school opening. Professional and service organizations concerned with vision health may assist in gathering and disseminating the information, at the direction of the department of elementary and secondary education.
4. For purposes of this section, the following comprehensive vision examinations shall include but not be limited to:
(1) Complete case history;
(2) Visual acuity at distance (aided and unaided);
(3) External examination and internal examination (ophthalmoscopic examination);
(4) Subjective refraction to best visual acuity.
5. Findings from the evidence of examination shall be provided to the department of health and senior services and kept by the optometrist or physician for a period of seven years. 6. In the event that a parent or legal guardian of a child subject to this section shall submit to the appropriate school administrator a written request that the child be excused from taking a vision examination as provided in this section, that child shall be so excused.
7. Pursuant to section 23.253 of the Missouri sunset act:
(1) The provisions of the [new] program authorized under this section shall automatically sunset on June 30, [2012] 2016, unless reauthorized by an act of the general assembly; and
(2) If such program is reauthorized, the program authorized under this section shall automatically sunset eight years after the effective date of the reauthorization of this section; and
(3) This section shall terminate on September first of the calendar year immediately following the calendar year in which the program authorized under this section is sunset.
167.195. 1. Beginning July 1, [2008, and continuing through the 2010-11 school year unless extended by act of the general assembly] 2013, all public school districts shall conduct an eye screening for each student once before the completion of kindergarten, once before the completion of first grade, and again before the completion of third grade. The eye screening method utilized shall be one approved by the children's vision commission and shall be performed by an appropriately trained school nurse or other trained and qualified employee of the school district.
2. Results of each eye screening shall be recorded on a form provided by the department of health and senior services, developed and approved by the children's vision commission established under this section.
(1) The screening results, with all individual identifying information removed, shall be sent to the state department of health and senior services via electronic form and shall compile the data contained in the reports for review and analysis by the commission or other interested parties;
(2) When a student fails the eye screening, the school district shall send a notice developed by the commission to the parent or guardian notifying them of the results of the eye screening and [propose] informing them that the student must receive a [complete eye] mandatory comprehensive vision examination from an optometrist or physician. Such notice shall have a place for the parent to acknowledge receipt along with an indication as to whether the student has received a [complete eye] comprehensive vision examination and the results of the examination. Evidence of an examination provided by an optometrist or physician within the year preceding the school eye screening shall be sufficient for meeting the requirements of this section. The notice completed by the parent or guardian is to be returned to the school and shall be retained in the student's file and a copy shall be sent to the department of health and senior services;
(3) Notwithstanding any law to the contrary, nothing in this section shall violate any provisions of Public Law 104-191, 42 U.S.C. 201, et seq, Health Insurance Portability and Accountability Act of 1996.
3. The "Children's Vision Commission" is hereby established which shall cease to exist on June 30, [2012] 2016, unless renewed by act of the general assembly.
(1) The commission shall be composed of seven members appointed by the governor: two ophthalmologists to be determined from a list of recommended ophthalmologists by the Missouri Society of Eye Physicians and Surgeons; two optometrists to be determined from a list of recommended optometrists by the Missouri Optometric Association; one school nurse; one representative from the department of elementary and secondary education; and one representative from the Missouri state school boards association. Each ophthalmologist and optometrist shall serve a one-year term as chair of the commission. Members of the commission shall serve without compensation, but may be reimbursed for reasonable and necessary expenses associated with carrying out their duties.
(2) Duties of the commission shall be as follows:
(a) Analyze and adopt one or more standardized eye screening and eye examination tests to carry out the requirements of this section to be used in all schools beginning with the [2008-09] 2013-14 school year which, in the commission's estimation, have a reasonable expectation of identifying vision problems in children;
(b) Develop, in conjunction with the department of health and senior services, a standardized reporting form which shall be used by all school districts in carrying out the requirements of this section;
(c) Design and coordinate appropriate training programs for school district staff who conduct the screening exams. Such training programs may utilize the volunteer services of nonprofit professional organizations which, in the opinion of the commission, are qualified to carry out those responsibilities associated with providing the training required;
(d) [Conduct a pilot project to track the results of the eye screenings versus eye examinations conducted based on the reports submitted by school districts to the department of health and senior services;
(e)] Develop, in conjunction with the Missouri Optometric Association (MOA) and the Missouri Society of Eye Physicians and Surgeons (MOSEPS), guidelines outlining the benefits and ongoing eye care for children and summarizing the signs and symptoms of vision disorders in order for the guidelines to be made available on the MOA and MOSEPS website. The commission shall also consult with MOA and MOSEPS in the organizations' education and promotion of the guidelines;
[(f)] (e) By December 31, [2011] 2016, the commission shall submit a report to the general assembly detailing [the results and findings of the study] its compliance with this section, including but not limited to the total number of eye screenings [and eye examinations], the number of students who received a follow-up examination from an optometrist, opthalmologist, physician, or doctor of osteopathy and the results of those examinations [to determine the effectiveness of eye examinations versus eye screenings].
4. The department of health and senior services shall make a reasonable accommodation for public review and inspection of the data collected as part of the eye screening pilot project provided that no information is revealed that could identify any individual student who was screened or examined.
5. In the event that a parent or legal guardian of a child objects to the child's participation in the eye screening program, the child shall be excused upon receipt by the appropriate school administrator of a written request.
6. The department of health and senior services shall provide staff support to the commission.
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