Bill Text: OR HB3000 | 2013 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to student vision health; and declaring an emergency.

Sponsorship: Slight Partisan Bill (Democrat 7-3)

Status: (Passed) 2013-07-01 - Chapter 585, (2013 Laws): Effective date July 1, 2013. [HB3000 Detail]

Download: Oregon-2013-HB3000-Amended.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

HA to HB 3000

LC 2251/HB 3000-3

                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3000

                    By COMMITTEE ON EDUCATION

                             April 5

  On page 1 of the printed bill, line 2, after '683.030 ' delete
the rest of the line and line 3 and insert '; and declaring an
emergency.'.
  Delete lines 5 through 28 and delete pages 2 through 4 and
insert:
  '  { +  SECTION 1. + }  { + (1) As used in this section:
  ' (a) 'Education provider' means:
  ' (A) An entity that offers a program that is recognized as an
Oregon prekindergarten program under ORS 329.170 to 329.200.
  ' (B) A school district board.
  ' (b) 'Eye examination' means an eye examination that:
  ' (A) Is conducted by a person licensed by the Oregon Board of
Optometry under ORS 683.010 to 683.340 or a person licensed by
the Oregon Medical Board under ORS chapter 677 and trained in eye
surgery and eye disease; and
  ' (B) Involves any diagnosis of the eye and any measurement or
assistance of the powers or range of vision of the eye.
  ' (c) 'Vision screening' means an eye screening test to
identify potential vision health problems that is conducted by:
  ' (A) A person licensed by the Oregon Board of Optometry under
ORS 683.010 to 683.340;
  ' (B) A person licensed by the Oregon Medical Board under ORS
chapter 677 and trained in eye surgery and eye disease;
  ' (C) A health care practitioner acting in accordance with
rules adopted by the State Board of Education; or
  ' (D) A school nurse, an employee of an education provider or a
person designated by the Department of Education to provide
vision screening to students who is acting in accordance with
rules adopted by the State Board of Education.
  ' (2)(a) Except as provided in subsection (3) of this section,
each education provider shall require a student who is seven
years of age or younger and who is beginning an educational
program with the education provider for the first time to submit
certification that the student received:
  ' (A) A vision screening or an eye examination; and
  ' (B) Any further examinations or necessary treatments of the
eye or assistance of the powers or range of vision of the eye.
  ' (b) The certification required by this subsection must be
provided no later than 120 days after the student begins the
educational program.
  ' (3) A student is not required to submit certification as
required under subsection (2) of this section if the student
provides a statement from the parent or guardian of the student
that the student submitted certification to a prior education
provider.
  ' (4) Each education provider shall:
  ' (a) Ensure that the requirements of this section are met.
Failure by a student to meet the requirements of this section may
not result in a program's or school's prohibiting the student

from attending the program or school, but may result in
withholding report cards or similar actions.
  ' (b) File in the student's vision health record any
certifications and any results of a vision screening or an eye
examination known by the education provider.
  ' (c) Provide the parent or guardian of each student with
information about the vision screenings and eye examinations, and
information about further examinations or necessary treatments.
  ' (5) The State Board of Education, in consultation with the
Oregon Health Policy Board, shall adopt by rule any standards for
the implementation of this section. + }
  '  { +  SECTION 2. + }  { + (1) Section 1 of this 2013 Act
becomes operative July 1, 2014.
  ' (2) Section 1 of this 2013 Act first applies to the 2014-2015
school year. + }
  '  { +  SECTION 3. + }  { + The State Board of Education, in
consultation with the Oregon Health Policy Board, may adopt rules
or take any action before the operative date specified in section
2 of this 2013 Act that is necessary to enable the State Board of
Education to exercise, on or after the operative date specified
in section 2 of this 2013 Act, all the duties, functions and
powers conferred on the board by section 1 of this 2013 Act. + }
  '  { +  SECTION 4. + } ORS 326.580 is amended to read:
  ' 326.580. (1) As used in this section, 'educational
institution' means:
  ' (a) An 'educational institution' as defined in ORS 326.575.
  ' (b) A state agency.
  ' (c) A local correctional facility.
  ' (2) The State Board of Education may adopt by rule standards
for the content and format of an Oregon electronic student
record. An Oregon electronic student record may be used to
transfer student record information from one educational
institution to another.
  ' (3) The board may define the Oregon electronic student record
to constitute a full and complete copy of the official student
permanent record, student education record { + , student vision
health record + } and certificate of immunization status that are
required by state and federal law.
  ' (4) The standards established by the board shall include
procedures and criteria for participation in the Oregon
electronic student record program by educational institutions. An
educational institution may apply to the Department of Education
for a certificate of participation in the Oregon electronic
student record program.
  ' (5) An educational institution that is approved for
participation in the Oregon electronic student record program by
the Department of Education:
  ' (a) Shall not be required to forward by mail or other means
physical items such as original documents or photocopies to a
receiving educational institution that also is approved for
participation in the program. This paragraph does not apply to
special education records that are specifically required by
federal law to be physically transferred.
  ' (b) May elect to designate the Oregon electronic student
record as the official student record.
  ' (c) Shall retain the official student record in compliance
with state and federal law.
  '  { +  SECTION 5. + } ORS 683.030 is amended to read:
  ' 683.030. ORS 683.010 to 683.340   { - shall - }   { + may + }
not be construed:
  ' (1) To prevent any person duly licensed to practice medicine
and surgery from treating or fitting glasses to the human eye;
  ' (2) To prohibit the sale of complete ready-to-wear eye
glasses as merchandise from a permanent place of business in good
faith and not in evasion of ORS 683.010 to 683.340 by any person

not purporting to be competent to examine and prescribe for the
human eye;
  ' (3) To prohibit vision or eye care practices by persons
working under the direct supervision of an optometrist authorized
to practice in this state; or
  ' (4) To prohibit vision screening by { + :
  ' (a) + } Employees of a school or { +  an education provider
as defined in section 1 of this 2013 Act;
  ' (b) Persons designated by the Department of Education to
provide vision screening to students for the purpose of section 1
of this 2013 Act; or
  ' (c) Employees + } of the Department of Transportation.
  '  { +  SECTION 6. + }  { + The amendments to ORS 326.580 and
683.030 by sections 4 and 5 of this 2013 Act become operative
July 1, 2014. + }
  '  { +  SECTION 7. + }  { + Not later than December 1, 2013,
the Department of Education shall submit to the interim
legislative committees on education a report that recommends the
means for providing adequate resources for administering regular
vision screenings in the public schools of this state through
grade 8. The department shall take into consideration experiences
of the pilot program enacted by section 1, chapter 88, Oregon
Laws 2010. + }
  '  { +  SECTION 8. + }  { + This 2013 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2013 Act
takes effect July 1, 2013. + } ' .
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