167.195. Eye screening required, when--recording of results--children's vision commission established, members, duties.

Eye screening required, when--recording of results--children's visioncommission established, members, duties.

167.195. 1. Beginning July 1, 2008, and continuing through the2010-11 school year unless extended by act of the general assembly, allpublic school districts shall conduct an eye screening for each studentonce before the completion of first grade and again before the completionof third grade. The eye screening method utilized shall be one approved bythe children's vision commission and shall be performed by an appropriatelytrained school nurse or other trained and qualified employee of the schooldistrict.

2. Results of each eye screening shall be recorded on a form providedby the department of health and senior services, developed and approved bythe children's vision commission established under this section.

(1) The screening results, with all individual identifyinginformation removed, shall be sent to the state department of health andsenior services via electronic form and shall compile the data contained inthe reports for review and analysis by the commission or other interestedparties;

(2) When a student fails the eye screening, the school district shallsend a notice developed by the commission to the parent or guardiannotifying them of the results of the eye screening and propose that thestudent receive a complete eye examination from an optometrist orphysician. Such notice shall have a place for the parent to acknowledgereceipt along with an indication as to whether the student has received acomplete eye examination and the results of the examination. Evidence ofan examination provided by an optometrist or physician within the yearpreceding the school eye screening shall be sufficient for meeting therequirements of this section. The notice completed by the parent orguardian is to be returned to the school and shall be retained in thestudent's file and a copy shall be sent to the department of health andsenior services;

(3) Notwithstanding any law to the contrary, nothing in this sectionshall violate any provisions of Public Law 104-191, 42 U.S.C. 201,* et seq,Health Insurance Portability and Accountability Act of 1996.

3. The "Children's Vision Commission" is hereby established whichshall cease to exist on June 30, 2012, unless renewed by act of the generalassembly.

(1) The commission shall be composed of seven members appointed bythe governor: two ophthalmologists to be determined from a list ofrecommended ophthalmologists by the Missouri Society of Eye Physicians andSurgeons; two optometrists to be determined from a list of recommendedoptometrists by the Missouri Optometric Association; one school nurse; onerepresentative from the department of elementary and secondary education;and one representative from the Missouri state school boards association.Each ophthalmologist and optometrist shall serve a one-year term as chairof the commission. Members of the commission shall serve withoutcompensation, but may be reimbursed for reasonable and necessary expensesassociated with carrying out their duties.

(2) Duties of the commission shall be as follows:

(a) Analyze and adopt one or more standardized eye screening and eyeexamination tests to carry out the requirements of this section to be usedin all schools beginning with the 2008-09 school year which, in thecommission's estimation, have a reasonable expectation of identifyingvision problems in children;

(b) Develop, in conjunction with the department of health and seniorservices, a standardized reporting form which shall be used by all schooldistricts in carrying out the requirements of this section;

(c) Design and coordinate appropriate training programs for schooldistrict staff who conduct the screening exams. Such training programs mayutilize the volunteer services of nonprofit professional organizationswhich, in the opinion of the commission, are qualified to carry out thoseresponsibilities associated with providing the training required;

(d) Conduct a pilot project to track the results of the eyescreenings versus eye examinations conducted based on the reports submittedby school districts to the department of health and senior services;

(e) Develop, in conjunction with the Missouri Optometric Association(MOA) and the Missouri Society of Eye Physicians and Surgeons (MOSEPS),guidelines outlining the benefits and ongoing eye care for children andsummarizing the signs and symptoms of vision disorders in order for theguidelines to be made available on the MOA and MOSEPS website. Thecommission shall also consult with MOA and MOSEPS in the organizations'education and promotion of the guidelines;

(f) By December 31, 2011, the commission shall submit a report to thegeneral assembly detailing the results and findings of the study, includingbut not limited to the total number of eye screenings and eye examinations,the number of students who received a follow-up examination from anoptometrist, opthalmologist, physician, or doctor of osteopathy and theresults of those examinations to determine the effectiveness of eyeexaminations versus eye screenings.

4. The department of health and senior services shall make areasonable accommodation for public review and inspection of the datacollected as part of the eye screening pilot project provided that noinformation is revealed that could identify any individual student who wasscreened or examined.

5. In the event that a parent or legal guardian of a child objects tothe child's participation in the eye screening program, the child shall beexcused upon receipt by the appropriate school administrator of a writtenrequest.

6. The department of health and senior services shall provide staffsupport to the commission.

(L. 2007 S.B. 16)

*Figure "201" does not appear in original rolls.