May 30, 2017, Introduced by Senators JONES, PROOS, HERTEL, SCHUITMAKER, MARLEAU, MACGREGOR, HUNE, KNOLLENBERG, EMMONS, SCHMIDT, ROBERTSON, BRANDENBURG, O'BRIEN and HANSEN and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 9302, 9305, and 9321 (MCL 333.9302, 333.9305,
and 333.9321), and by adding section 9308.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
9302. A parent , or
guardian of, or person standing in
loco
parentis of to, a child shall provide for the child's hearing
and vision testing and screening by an agency designated by the
local
health department. The Subject
to section 9308, the testing
and
screening shall must be given during an age period and at a
frequency specified by the department.
Sec. 9305. (1) When Subject to section 9308, if the result of
a hearing or vision testing or screening indicates that a child
requires follow-up care, a professional authorized by law, a local
health
department, or other another
agency shall present the person
bringing the child a written statement clearly indicating that
follow-up treatment is required.
(2) The local health department, upon request, shall provide
information concerning the availability and sources of vision and
hearing treatment required to eliminate or reduce an identified
problem.
Sec. 9308. (1) Subject to section 9311, in addition to the
vision testing and screening required by the department in rules
promulgated under this part, a local health department shall ensure
that each child residing in its jurisdiction who is enrolled in a
school in this state in each of grades 1, 3, 5, 7, and 9 is
provided with a vision screening before the end of the school year.
The local health department shall ensure that the results of each
child's vision screening are provided to the principal or
administrator of the child's school. The principal or administrator
of the child's school shall use the results solely for use in
assessing the child's educational progress and needs.
(2) If the result of a vision screening under subsection (1)
indicates that the child requires follow-up care or a qualified
individual identifies the child as being a struggling reader,
recommends that the child be evaluated to determine if he or she is
a student with a disability due to reading difficulties, or
recommends that the child be scheduled for an individualized
education program or a section 504 plan, then all of the following
apply:
(a) The qualified individual shall submit, in writing, a
request to the appropriate local health department that the child
receive a comprehensive eye and vision examination.
(b) Within 30 days after receiving the result of the vision
screening, or upon receiving the request described in subdivision
(a), the local health department shall notify the parent or
guardian of, or person standing in loco parentis to, the child in
writing that the child is required to have a comprehensive eye and
vision examination as described in subdivision (c).
(c) Within 60 days after the date of the notice described in
subdivision (b), the parent, guardian, or person in loco parentis
of the child shall ensure that the child has a comprehensive eye
and vision examination conducted by an eye care professional. The
comprehensive eye and vision examination required under this
subdivision must have an emphasis on visual functioning, including,
but not limited to, refractive, accommodative, binocular, saccadic
eye movement, and convergence sufficiency, that have been
demonstrated to have an impact on reading and academic success.
Within 30 days after conducting the examination, the eye care
professional shall, in compliance with all applicable law, submit
to the local health department and, if applicable, the qualified
individual who submitted the request described in subdivision (a),
a certificate signed by the eye care professional that does all of
the following:
(i) Acknowledges that the child has received the comprehensive
eye and vision examination required under this subdivision.
(ii) Indicates whether the eye care professional recommends
vision correction, vision therapy, or other treatment or
appropriate interventions.
(iii) If there is a treatment recommendation under
subparagraph (ii), confirms that the parent or guardian of, or
person standing in loco parentis to, the child has complied with,
or is in the process of complying with, that treatment
recommendation.
(d) If the local health department does not receive the
certificate required under subdivision (c) for a child within the
time period allowed, the local health department shall take
appropriate steps to remind the parent, guardian, or person in loco
parentis of the child that the child is required to have the
comprehensive eye and vision examination described in subdivision
(c).
(3) As used in this section:
(a) "Eye care professional" means a physician licensed under
part 170 or 175 who specializes in ophthalmology or an optometrist
licensed under part 174.
(b) "Individualized education program" means that term as
described in R 340.1721e of the Michigan Administrative Code.
(c) "Qualified individual" means the child's teacher, school
psychologist, school counselor, or principal or administrator.
(d) "Section 504 plan" means a plan under section 504 of title
V of the rehabilitation act of 1973, 29 USC 794.
Sec. 9321. The Subject to section 9308, the department
may
promulgate rules to implement this part, including the age and
frequency for testing and screening under section 9302 and the
maintenance
and disclosure of records under section 9307.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.