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7 LONG TITLE
8 General Description:
9 This bill modifies provisions regarding public education vision screening.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ recodifies existing provisions regarding vision screening in public schools and
14 repeals outdated provisions;
15 ▸ gives the Department of Health oversight over public education vision screening;
16 ▸ requires local education agencies to conduct certain free vision screening clinics;
17 ▸ requires the Department of Health to provide for higher-level individual vision
18 screening within the local education agency framework;
19 ▸ modifies provisions regarding volunteers at local education agency free vision
20 screening clinics;
21 ▸ makes technical and conforming changes; and
22 ▸ gives rulemaking authority.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:
28 AMENDS:
29 26-1-30, as last amended by Laws of Utah 2018, Chapters 35 and 200
30 35A-13-403, as last amended by Laws of Utah 2018, Chapter 415
31 53E-9-301, as last amended by Laws of Utah 2018, Chapters 304, 389 and renumbered
32 and amended by Laws of Utah 2018, Chapter 1
33 REPEALS AND REENACTS:
34 53G-9-404, as renumbered and amended by Laws of Utah 2018, Chapter 3
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 26-1-30 is amended to read:
38 26-1-30. Powers and duties of department.
39 The department shall exercise the following powers and duties, in addition to other
40 powers and duties established in this chapter:
41 (1) enter into cooperative agreements with the Department of Environmental Quality to
42 delineate specific responsibilities to assure that assessment and management of risk to human
43 health from the environment are properly administered;
44 (2) consult with the Department of Environmental Quality and enter into cooperative
45 agreements, as needed, to ensure efficient use of resources and effective response to potential
46 health and safety threats from the environment, and to prevent gaps in protection from potential
47 risks from the environment to specific individuals or population groups;
48 (3) promote and protect the health and wellness of the people within the state;
49 (4) establish, maintain, and enforce rules necessary or desirable to carry out the
50 provisions and purposes of this title to promote and protect the public health or to prevent
51 disease and illness;
52 (5) investigate and control the causes of epidemic, infectious, communicable, and other
53 diseases affecting the public health;
54 (6) provide for the detection, reporting, prevention, and control of communicable,
55 infectious, acute, chronic, or any other disease or health hazard which the department considers
56 to be dangerous, important, or likely to affect the public health;
57 (7) collect and report information on causes of injury, sickness, death, and disability
58 and the risk factors that contribute to the causes of injury, sickness, death, and disability within
59 the state;
60 (8) collect, prepare, publish, and disseminate information to inform the public
61 concerning the health and wellness of the population, specific hazards, and risks that may affect
62 the health and wellness of the population and specific activities which may promote and protect
63 the health and wellness of the population;
64 (9) establish and operate programs necessary or desirable for the promotion or
65 protection of the public health and the control of disease or which may be necessary to
66 ameliorate the major causes of injury, sickness, death, and disability in the state, except that the
67 programs may not be established if adequate programs exist in the private sector;
68 (10) establish, maintain, and enforce isolation and quarantine, and for this purpose
69 only, exercise physical control over property and individuals as the department finds necessary
70 for the protection of the public health;
71 (11) close theaters, schools, and other public places and forbid gatherings of people
72 when necessary to protect the public health;
73 (12) abate nuisances when necessary to eliminate sources of filth and infectious and
74 communicable diseases affecting the public health;
75 (13) make necessary sanitary and health investigations and inspections in cooperation
76 with local health departments as to any matters affecting the public health;
77 (14) establish laboratory services necessary to support public health programs and
78 medical services in the state;
79 (15) establish and enforce standards for laboratory services which are provided by any
80 laboratory in the state when the purpose of the services is to protect the public health;
81 (16) cooperate with the Labor Commission to conduct studies of occupational health
82 hazards and occupational diseases arising in and out of employment in industry, and make
83 recommendations for elimination or reduction of the hazards;
84 (17) cooperate with the local health departments, the Department of Corrections, the
85 Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime
86 Victim Reparations Board to conduct testing for HIV infection of alleged sexual offenders,
87 convicted sexual offenders, and any victims of a sexual offense;
88 (18) investigate the causes of maternal and infant mortality;
89 (19) establish, maintain, and enforce a procedure requiring the blood of adult
90 pedestrians and drivers of motor vehicles killed in highway accidents be examined for the
91 presence and concentration of alcohol;
92 (20) provide the Commissioner of Public Safety with monthly statistics reflecting the
93 results of the examinations provided for in Subsection (19) and provide safeguards so that
94 information derived from the examinations is not used for a purpose other than the compilation
95 of statistics authorized in this Subsection (20);
96 (21) establish qualifications for individuals permitted to draw blood pursuant to
97 Subsection 41-6a-523(1)(a)(vi), 53-10-405(2)(a)(vi), 72-10-502(5)(a)(vi), or
98 77-23-213(3)(a)(vi), and to issue permits to individuals it finds qualified, which permits may
99 be terminated or revoked by the department;
100 (22) establish a uniform public health program throughout the state which includes
101 continuous service, employment of qualified employees, and a basic program of disease
102 control, vital and health statistics, sanitation, public health nursing, and other preventive health
103 programs necessary or desirable for the protection of public health;
104 (23) adopt rules and enforce minimum sanitary standards for the operation and
105 maintenance of:
106 (a) orphanages;
107 (b) boarding homes;
108 (c) summer camps for children;
109 (d) lodging houses;
110 (e) hotels;
111 (f) restaurants and all other places where food is handled for commercial purposes,
112 sold, or served to the public;
113 (g) tourist and trailer camps;
114 (h) service stations;
115 (i) public conveyances and stations;
116 (j) public and private schools;
117 (k) factories;
118 (l) private sanatoria;
119 (m) barber shops;
120 (n) beauty shops;
121 (o) physician offices;
122 (p) dentist offices;
123 (q) workshops;
124 (r) industrial, labor, or construction camps;
125 (s) recreational resorts and camps;
126 (t) swimming pools, public baths, and bathing beaches;
127 (u) state, county, or municipal institutions, including hospitals and other buildings,
128 centers, and places used for public gatherings; and
129 (v) any other facilities in public buildings or on public grounds;
130 (24) conduct health planning for the state;
131 (25) monitor the costs of health care in the state and foster price competition in the
132 health care delivery system;
133 (26) adopt rules for the licensure of health facilities within the state pursuant to Title
134 26, Chapter 21, Health Care Facility Licensing and Inspection Act;
135 (27) license the provision of child care;
136 (28) accept contributions to and administer the funds contained in the Organ Donation
137 Contribution Fund created in Section 26-18b-101;
138 (29) serve as the collecting agent, on behalf of the state, for the nursing care facility
139 assessment fee imposed under Title 26, Chapter 35a, Nursing Care Facility Assessment Act,
140 and adopt rules for the enforcement and administration of the nursing facility assessment
141 consistent with the provisions of Title 26, Chapter 35a, Nursing Care Facility Assessment Act;
142 (30) establish methods or measures for health care providers, public health entities, and
143 health care insurers to coordinate among themselves to verify the identity of the individuals
144 they serve;
145 (31) (a) designate Alzheimer's disease and related dementia as a public health issue
146 and, within budgetary limitations, implement a state plan for Alzheimer's disease and related
147 dementia by incorporating the plan into the department's strategic planning and budgetary
148 process; and
149 (b) coordinate with other state agencies and other organizations to implement the state
150 plan for Alzheimer's disease and related dementia; [
151 (32) ensure that any training or certification required of a public official or public
152 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
153 22, State Training and Certification Requirements, if the training or certification is required:
154 (a) under this title;
155 (b) by the department; or
156 (c) by an agency or division within the department; and
157 (33) oversee public education vision screening as described in Section 53G-9-404.
158 Section 2. Section 35A-13-403 is amended to read:
159 35A-13-403. Services provided by the division.
160 The division may:
161 (1) provide:
162 (a) a business enterprise program;
163 (b) workshops, employment, and training; and
164 (c) vocational rehabilitation, training and adjustment, sight conservation, prevention of
165 blindness, low vision lenses, and recreational services;
166 [
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173 workshops; and
174 [
175 Section 3. Section 53E-9-301 is amended to read:
176 53E-9-301. Definitions.
177 As used in this part:
178 (1) "Adult student" means a student who:
179 (a) is at least 18 years old;
180 (b) is an emancipated student; or
181 (c) qualifies under the McKinney-Vento Homeless Education Assistance
182 Improvements Act of 2001, 42 U.S.C. Sec. 11431 et seq.
183 (2) "Aggregate data" means data that:
184 (a) are totaled and reported at the group, cohort, school, school district, region, or state
185 level with at least 10 individuals in the level;
186 (b) do not reveal personally identifiable student data; and
187 (c) are collected in accordance with board rule.
188 (3) (a) "Biometric identifier" means a:
189 (i) retina or iris scan;
190 (ii) fingerprint;
191 (iii) human biological sample used for valid scientific testing or screening; or
192 (iv) scan of hand or face geometry.
193 (b) "Biometric identifier" does not include:
194 (i) a writing sample;
195 (ii) a written signature;
196 (iii) a voiceprint;
197 (iv) a photograph;
198 (v) demographic data; or
199 (vi) a physical description, such as height, weight, hair color, or eye color.
200 (4) "Biometric information" means information, regardless of how the information is
201 collected, converted, stored, or shared:
202 (a) based on an individual's biometric identifier; and
203 (b) used to identify the individual.
204 (5) "Board" means the State Board of Education.
205 (6) "Data breach" means an unauthorized release of or unauthorized access to
206 personally identifiable student data that is maintained by an education entity.
207 (7) "Data governance plan" means an education entity's comprehensive plan for
208 managing education data that:
209 (a) incorporates reasonable data industry best practices to maintain and protect student
210 data and other education-related data;
211 (b) describes the role, responsibility, and authority of an education entity data
212 governance staff member;
213 (c) provides for necessary technical assistance, training, support, and auditing;
214 (d) describes the process for sharing student data between an education entity and
215 another person;
216 (e) describes the education entity's data expungement process, including how to
217 respond to requests for expungement;
218 (f) describes the data breach response process; and
219 (g) is published annually and available on the education entity's website.
220 (8) "Education entity" means:
221 (a) the board;
222 (b) a local school board;
223 (c) a charter school governing board;
224 (d) a school district;
225 (e) a charter school;
226 (f) the Utah Schools for the Deaf and the Blind; or
227 (g) for purposes of implementing the School Readiness Initiative described in Title
228 53F, Chapter 6, Part 3, School Readiness Initiative, the School Readiness Board created in
229 Section 35A-3-209.
230 (9) "Expunge" means to seal or permanently delete data, as described in board rule
231 made under Section 53E-9-306.
232 (10) "General audience application" means an Internet website, online service, online
233 application, mobile application, or software program that:
234 (a) is not specifically intended for use by an audience member that attends kindergarten
235 or a grade from 1 to 12, although an audience member may attend kindergarten or a grade from
236 1 to 12; and
237 (b) is not subject to a contract between an education entity and a third-party contractor.
238 (11) "Higher education outreach student data" means the following student data for a
239 student:
240 (a) name;
241 (b) parent name;
242 (c) grade;
243 (d) school and school district; and
244 (e) contact information, including:
245 (i) primary phone number;
246 (ii) email address; and
247 (iii) physical address.
248 (12) "Individualized education program" or "IEP" means a written statement:
249 (a) for a student with a disability; and
250 (b) that is developed, reviewed, and revised in accordance with the Individuals with
251 Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
252 (13) "Local education agency" or "LEA" means:
253 (a) a school district;
254 (b) a charter school;
255 (c) the Utah Schools for the Deaf and the Blind; or
256 (d) for purposes of implementing the School Readiness Initiative described in Title
257 53F, Chapter 6, Part 3, School Readiness Initiative, the School Readiness Board created in
258 Section 35A-3-209.
259 (14) "Metadata dictionary" means a record that:
260 (a) defines and discloses all personally identifiable student data collected and shared by
261 the education entity;
262 (b) comprehensively lists all recipients with whom the education entity has shared
263 personally identifiable student data, including:
264 (i) the purpose for sharing the data with the recipient;
265 (ii) the justification for sharing the data, including whether sharing the data was
266 required by federal law, state law, or a local directive; and
267 (iii) how sharing the data is permitted under federal or state law; and
268 (c) without disclosing personally identifiable student data, is displayed on the
269 education entity's website.
270 (15) "Necessary student data" means data required by state statute or federal law to
271 conduct the regular activities of an education entity, including:
272 (a) name;
273 (b) date of birth;
274 (c) sex;
275 (d) parent contact information;
276 (e) custodial parent information;
277 (f) contact information;
278 (g) a student identification number;
279 (h) local, state, and national assessment results or an exception from taking a local,
280 state, or national assessment;
281 (i) courses taken and completed, credits earned, and other transcript information;
282 (j) course grades and grade point average;
283 (k) grade level and expected graduation date or graduation cohort;
284 (l) degree, diploma, credential attainment, and other school exit information;
285 (m) attendance and mobility;
286 (n) drop-out data;
287 (o) immunization record or an exception from an immunization record;
288 (p) race;
289 (q) ethnicity;
290 (r) tribal affiliation;
291 (s) remediation efforts;
292 (t) an exception from a vision screening required under Section 53G-9-404 or
293 information collected from a vision screening [
294 53G-9-404;
295 (u) information related to the Utah Registry of Autism and Developmental Disabilities,
296 described in Section 26-7-4;
297 (v) student injury information;
298 (w) a disciplinary record created and maintained as described in Section 53E-9-306;
299 (x) juvenile delinquency records;
300 (y) English language learner status; and
301 (z) child find and special education evaluation data related to initiation of an IEP.
302 (16) (a) "Optional student data" means student data that is not:
303 (i) necessary student data; or
304 (ii) student data that an education entity may not collect under Section 53E-9-305.
305 (b) "Optional student data" includes:
306 (i) information that is:
307 (A) related to an IEP or needed to provide special needs services; and
308 (B) not necessary student data;
309 (ii) biometric information; and
310 (iii) information that is not necessary student data and that is required for a student to
311 participate in a federal or other program.
312 (17) "Parent" means:
313 (a) a student's parent;
314 (b) a student's legal guardian; or
315 (c) an individual who has written authorization from a student's parent or legal
316 guardian to act as a parent or legal guardian on behalf of the student.
317 (18) (a) "Personally identifiable student data" means student data that identifies or is
318 used by the holder to identify a student.
319 (b) "Personally identifiable student data" includes:
320 (i) a student's first and last name;
321 (ii) the first and last name of a student's family member;
322 (iii) a student's or a student's family's home or physical address;
323 (iv) a student's email address or other online contact information;
324 (v) a student's telephone number;
325 (vi) a student's social security number;
326 (vii) a student's biometric identifier;
327 (viii) a student's health or disability data;
328 (ix) a student's education entity student identification number;
329 (x) a student's social media user name and password or alias;
330 (xi) if associated with personally identifiable student data, the student's persistent
331 identifier, including:
332 (A) a customer number held in a cookie; or
333 (B) a processor serial number;
334 (xii) a combination of a student's last name or photograph with other information that
335 together permits a person to contact the student online;
336 (xiii) information about a student or a student's family that a person collects online and
337 combines with other personally identifiable student data to identify the student; and
338 (xiv) information that, alone or in combination, is linked or linkable to a specific
339 student that would allow a reasonable person in the school community, who does not have
340 personal knowledge of the relevant circumstances, to identify the student with reasonable
341 certainty.
342 (19) "School official" means an employee or agent of an education entity, if the
343 education entity has authorized the employee or agent to request or receive student data on
344 behalf of the education entity.
345 (20) (a) "Student data" means information about a student at the individual student
346 level.
347 (b) "Student data" does not include aggregate or de-identified data.
348 (21) "Student data manager" means:
349 (a) the state student data officer; or
350 (b) an individual designated as a student data manager by an education entity under
351 Section 53E-9-303, who fulfills the duties described in Section 53E-9-308.
352 (22) (a) "Targeted advertising" means presenting advertisements to a student where the
353 advertisement is selected based on information obtained or inferred over time from that
354 student's online behavior, usage of applications, or student data.
355 (b) "Targeted advertising" does not include advertising to a student:
356 (i) at an online location based upon that student's current visit to that location; or
357 (ii) in response to that student's request for information or feedback, without retention
358 of that student's online activities or requests over time for the purpose of targeting subsequent
359 ads.
360 (23) "Third-party contractor" means a person who:
361 (a) is not an education entity; and
362 (b) pursuant to a contract with an education entity, collects or receives student data in
363 order to provide a product or service, as described in the contract, if the product or service is
364 not related to school photography, yearbooks, graduation announcements, or a similar product
365 or service.
366 (24) "Written consent" means written authorization to collect or share a student's
367 student data, from:
368 (a) the student's parent, if the student is not an adult student; or
369 (b) the student, if the student is an adult student.
370 Section 4. Section 53G-9-404 is repealed and reenacted to read:
371 53G-9-404. Public education vision screening.
372 (1) As used in this section:
373 (a) "Health care professional" means an individual licensed under:
374 (i) Title 58, Chapter 16a, Utah Optometry Practice Act;
375 (ii) Title 58, Chapter 31b, Nurse Practice Act, if the individual is licensed for the
376 practice of advance practice registered nursing, as defined in Section 58-31b-102;
377 (iii) Title 58, Chapter 42a, Occupational Therapy Practice Act;
378 (iv) Title 58, Chapter 67, Utah Medical Practice Act;
379 (v) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
380 (vi) Title 58, Chapter 70a, Physician Assistant Act.
381 (b) "Qualifying child" means a child who:
382 (i) attends an LEA;
383 (ii) is at least three years old; and
384 (iii) is not yet 16 years old.
385 (c) "Tier one vision screening" means a lower-level evaluation of an individual's
386 vision, as determined by Department of Health rule.
387 (d) "Tier two vision screening" means an individual, higher-level evaluation of an
388 individual's vision, as determined by Department of Health rule.
389 (2) The Department of Health shall oversee public education vision screening, as
390 described in this section.
391 (3) A child who is less than nine years old and has not yet attended public school in the
392 state shall, before attending a public school in the state, provide:
393 (a) a completed vision screening form, described in Subsection (5)(a)(i), that is signed
394 by a health care professional; or
395 (b) a written statement signed by a parent that the child will not be screened before
396 attending public school in the state.
397 (4) The Department of Health shall prepare and provide:
398 (a) training for a school nurse who supervises an LEA tier one vision screening clinic;
399 and
400 (b) an online training module for a potential volunteer for an LEA tier one vision
401 screening clinic.
402 (5) (a) The Department of Health shall provide a template for:
403 (i) a form for use by a health care professional under Subsection (3)(a) to certify that a
404 child has received an adequate vision screening; and
405 (ii) a referral form used for the referral and follow up of a qualifying child after a tier
406 one or tier two vision screening.
407 (b) A template described in Subsection (5)(a) shall include the following statement: "A
408 screening is not a substitute for a complete eye exam and vision evaluation by an eye doctor."
409 (6) The Department of Health shall make rules to:
410 (a) generally provide for and require the administration of tier one vision screening in
411 accordance with this section, including an opt-out process;
412 (b) describe standards and procedures for tier one vision screening, including referral
413 and follow up protocols and reporting a student's significant vision impairment results to the
414 Utah Schools for the Deaf and the Blind;
415 (c) outline the qualifications of and parameters for the use of an outside entity to
416 supervise an LEA tier one vision screening clinic when an LEA does not have a school nurse to
417 supervise an LEA tier one vision screening clinic;
418 (d) determine when a potential volunteer at an LEA tier one vision screening clinic has
419 a conflict of interest, including if the potential volunteer could profit financially from
420 volunteering;
421 (e) determine the regularity of tier one vision screening in order to ensure that a
422 qualifying child receives tier one vision screening at particular intervals; and
423 (f) provide for tier two vision screening for a qualifying child, including:
424 (i) in coordination with the state board, determining mandatory and optional tier two
425 vision screening for a qualifying child;
426 (ii) identification of and training for an individual who provides tier two vision
427 screening;
428 (iii) (A) the creation of a symptoms questionnaire that includes questions for a
429 nonprofessionally trained individual to identify an eye focusing or tracking problem as well as
430 convergence insufficiency of a qualifying child; and
431 (B) protocol on how to administer the symptoms questionnaire in coordination with
432 tier two vision screening;
433 (iv) general standards, procedures, referral, and follow up protocol; and
434 (v) aggregate reporting requirements.
435 (7) (a) In accordance with Department of Health oversight and rule and Subsection
436 (7)(b), an LEA shall conduct free tier one vision screening clinics for all qualifying children
437 who attend the LEA or a school within the LEA.
438 (b) If the parent of a qualifying child requests that the qualifying child not participate in
439 a tier one or tier two vision screening, an LEA may not require the qualifying child to receive
440 the tier one or tier two vision screening.
441 (8) (a) Except as provided in Subsection (8)(b), a school nurse shall supervise an LEA
442 tier one vision screening clinic as well as provide referral and followup services.
443 (b) If an LEA does not have a school nurse to supervise an LEA tier one vision
444 screening clinic, an LEA may, in accordance with Department of Health rule, use an outside
445 entity to supervise an LEA tier one vision screening clinic.
446 (9) (a) An LEA shall ensure that a volunteer who assists with an LEA tier one vision
447 screening clinic:
448 (i) (A) is trained by a school nurse; or
449 (B) demonstrates successful completion of the training module described in Subsection
450 (4)(b);
451 (ii) complies with the requirements of Subsection (9)(c); and
452 (iii) is supervised by a school nurse or, in accordance with Subsection (8)(b), an
453 outside entity.
454 (b) In accordance with Department of Health rule, an LEA may exclude a person from
455 volunteering at an LEA tier one vision screening clinic if the person has a conflict of interest,
456 including if the person could profit financially from volunteering.
457 (c) A volunteer who assists with an LEA tier one vision screening clinic may not
458 market, advertise, or promote a business in connection with assisting at the LEA tier one vision
459 screening clinic.
460 (d) A volunteer who assists with an LEA tier one vision screening clinic is not liable
461 for damages that result from an act or omission related to the LEA tier one vision screening
462 clinic, if the act or omission is not willful or grossly negligent.