HOUSE BILL NO. 4223

February 21, 2019, Introduced by Reps. VanSingel, Cynthia Johnson, Chirkun, Marino, Cherry, Elder, Love, Cambensy, Ellison, Frederick, Kahle, Sabo, Brann and Wozniak and referred to the Committee on Families, Children, and Seniors.

"Public health code,"

by amending the heading of part 93 and sections 9307 and 9321 (MCL 333.9307 and 333.9321), and by adding sections 9312 and 9316.

the people of the state of michigan enact:

PART 93

HEARING, AND VISION, AND DENTAL

Sec. 9307. (1) A parent, guardian, or person in loco parentis applying to have a child registered for the first time in a kindergarten or first grade in a school in this state shall present to school officials, at the time of registration or not later than the first day of school, a certificate of hearing and vision testing or screening or statement of exemption under section 9311.

(2) Before November 1 of each year, the principal or administrator of each school shall give the state and local health departments a summary of the hearing and vision reports at the time of school entry of new entering kindergarten and first grade students. The reports shall must be made on forms provided or approved by the department.

(3) Records of testing and screening administered and conducted shall be made and preserved as provided by the department. The records shall be available to health agencies and other persons to assist in obtaining proper and necessary health and educational care, attention, and treatment as permitted by the department. Individual testing and screening records shall be confidential as required by section 2637.

Sec. 9312. Records of hearing or vision testing and screening administered and conducted under this part and of dental oral assessments administered and conducted under this part must be made and preserved as provided by the department. The records must be available to health agencies and other persons to assist in obtaining proper and necessary health, dental, and educational care, attention, and treatment as permitted by the department. Individual records are confidential as required by section 2637.

Sec. 9316. (1) By the 2019-2020 school year, the department shall establish and maintain a dental oral assessment program to provide dental oral assessments to children residing in this state whose parents, guardians, or persons in loco parentis have failed to meet the requirements described in subsection (5)(a).

(2) Subject to subsection (3), the department shall accomplish the program by contracting with a government entity or person, which may include a grantee health agency described in section 16625. The following apply to the government entity or person selected by the department under this subsection:

(a) The government entity or person shall conduct the program in each area served by a local health department and shall publicize the dental oral assessment service and the time and place of the clinics.

(b) A dental oral assessment administered under the program must include a limited clinical inspection, performed by a dentist or a dental hygienist, to identify possible signs of oral or systemic disease, malformation, or injury, and the potential need for referral for diagnosis and treatment.

(3) If a school district has entered into a contract with a government entity or person to administer dental oral assessments to the school district's students, the school district may continue to use the government entity or person to conduct the dental oral assessments if the school district ensures that the dental oral assessments are conducted by May 31 of each year and the requirements of subsections (4) and (7) are met and provides all of the following information to the department:

(i) The name of the government entity or person that conducts the dental oral assessments.

(ii) Each date the government entity or person is scheduled to provide the dental oral assessments.

(iii) The total number of dental oral assessments that are scheduled.

(4) When the result of a dental oral assessment indicates that a child requires follow-up care, the dentist or dental hygienist or government entity or person conducting the assessment shall present to the individual bringing the child a written statement clearly indicating that follow-up treatment is required and, upon request, provide information concerning the availability and sources of dental treatment required to eliminate or reduce an identified problem.

(5) Beginning in the 2019-2020 school year, a parent, guardian, or person in loco parentis applying to have a child registered for the first time in kindergarten or first grade in a school in this state shall comply with the following:

(a) Ensure that a dentist or dental hygienist conducts a dental oral assessment on the child not earlier than 6 months before the date of the child's registration with the school and obtain from the dentist or dental hygienist a written statement certifying that the child has received the dental oral assessment within the time frame required under this subdivision. The written statement must be on a form prescribed by the department.

(b) If the parent, guardian, or person in loco parentis of the child fails to meet the requirements described in subdivision (a), the parent, guardian, or person in loco parentis of the child shall ensure that the government entity or person selected by the department under subsection (2) conducts a dental oral assessment on the child.

(6) Beginning in the 2019-2020 school year, a parent, guardian, or person in loco parentis applying to have a child registered for the first time in kindergarten or first grade in a school in this state shall present to school officials, at the time of registration or not later than the first day of school, a statement of exemption under section 9311; the statement described in subsection (5); or a written statement indicating that the parent, guardian, or person in loco parentis of the child will provide for the child's dental oral assessment by a government entity or person selected by the department under subsection (2). A child shall not be excluded from school attendance if the parent, guardian, or person in loco parentis of the child fails to present a statement to school officials on or before the first day of school as required by this section.

(7) Before November 1 of each year, beginning in the 2019-2020 school year, the principal or administrator of each school shall give the department a summary of the dental reports at the time of school entry of new kindergarten and first grade students. The reports must be made on forms provided or approved by the department.

(8) This section does not apply in a fiscal year in which the legislature does not appropriate money for the program.

(9) As used in this section, "program" means the dental oral assessment program described in subsection (1).

Sec. 9321. The department may promulgate rules to implement this part, including, but not limited to, the age and frequency for hearing and vision testing and screening under section 9302 and the maintenance and disclosure of records under section 9307.9312.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.