First Substitute S.B. 144

This document includes Senate Committee Amendments incorporated into the bill on Wed, Feb 17, 2010 at 10:11 AM by rday. --> This document includes House Floor Amendments incorporated into the bill on Thu, Mar 4, 2010 at 5:22 PM by jeyring. -->

Senator Wayne L. Niederhauser proposes the following substitute bill:

1 VISION SCREENING AMENDMENTS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Wayne L. Niederhauser
5 House Sponsor: Todd E. Kiser
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to vision screening in schools.
10 Highlighted Provisions:
11 This bill:
12 . provides conditions when a licensed health care professional may participate in a
13 school district's free vision screening program; and
14 . makes technical changes.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 53A-11-203, as last amended by Laws of Utah 2001, Chapter 73
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 53A-11-203 is amended to read:
25 53A-11-203. Vision screening.

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House Floor Amendments 3-4-2010 je/aos

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Senate Committee Amendments 2-17-2010 rd/aos 26

(1) A child under seven years of age entering school for the first time in this state must
27 present the following to the school:
28 (a) a certificate signed by a licensed physician, optometrist, or other licensed health
29 professional approved by the division, stating that the child has received vision screening to
30 determine the presence of amblyopia or other visual defects. As used in this section, "division"
31 means the Division of Services for the Blind and Visually Impaired, State Office of Education;
32 or
33 (b) a written statement signed by at least one parent or legal guardian of the child that
34 the screening violates the personal beliefs of the parent or legal guardian.
35 (2) The division shall provide vision screening report forms to S. [ persons ] a person .S
35a approved by the
36 division to conduct S. [ the ] a free vision .S screening S. for children aged 3-1/2 to seven .S .
37 (3) [Each] A school district may conduct free vision screening clinics for children aged
38 3-1/2 to seven.
39 (4) (a) The division shall maintain a central register of children, aged 3-1/2 to seven,
40 who fail vision screening and who are referred for follow-up treatment.
41 (b) The register described in Subsection (4)(a) shall include the name of the child, age
42 or birthdate, address, cause for referral, and follow-up results. [Each]
43 (c) A school district shall report referral follow-up results S. for children aged 3-1/2 to
43a seven .S to the division.
44 (5) The division shall coordinate and supervise the training of [persons who serve as
45 vision screeners] a person who serves as a vision screener S. for a free vision screening clinic for
45a children aged 3-1/2 to seven .S .
46 (6) (a) Except as provided in Subsection (6)(b), a [A] licensed health professional
47 providing vision care to private patients may not participate as a screener in a free vision
48 screening [programs] program provided by a school [districts] district.
49 (b) A school district may:
50 (i) allow a licensed health professional H. [ that ] who .H provides vision care to
50a private patients to
51 participate as a screener in a free vision screening program for a child eight years of age or
52 older; H. [ and ] .H
53 (ii) establish guidelines to administer a free vision screening program S. [ provided
54 pursuant to ] described in .S Subsection (6)(b)(i) H. [ . ] ; and

54a (iii) establish penalties for a violation of the requirements of Subsection (6)(c).

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House Floor Amendments 3-4-2010 je/aos 54b

(c) A licensed health professional or other person who participates as a screener in a
54c free vision screening program described in Subsection (6)(b):
54d (i) may not market, advertise, or promote the licensed health professional's business in
54e connection with providing the free screening at the school; and
54f (ii) shall provide the child's results of the free vision screening on a form produced by
54g the school or school district, which may not include contact information other than the name of
54h the licensed health professional.
54i (d) A school district may provide information to a parent or guardian of the
54j availability of follow up vision services for a student. .H
55 (7) The Department of Health shall, by rule, set standards and procedures for vision
56 screening required by this chapter, and shall provide the division with copies of rules,

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- 3 - 57 standards, instructions, and test charts necessary for conducting vision screening.
58 (8) The division shall supervise screening, referral, and follow-up required by this
59 chapter.