SECTIONS 104830-104865 - California Statutes

HEALTH AND SAFETY CODE

SECTION 104830-104865

104830. Pupils of public and private elementary and secondary
schools, except pupils of community colleges, shall be provided the
opportunity to receive within the school year the topical application
of fluoride, including fluoride varnish, or other decay-inhibiting
agent to the teeth in the manner approved by the department. The
program of topical application shall be under the general direction
of a dentist licensed in the state. Topical application of fluoride
may include, according to the prescription and protocol established
by the dentist, self-application or application by another person.

104835. Treatment as specified in this article shall be evidenced
by a written record made on a form prescribed by the department. A
copy of the record shall be given to the parent or guardian of the
child, or if the person receiving the treatment is an adult, the copy
shall be given to him or her.

104840. The county health officer of each county shall organize and
operate a program so that treatment is made available to all persons
specified in Section 104830. He shall also determine how the cost of
such a program is to be recovered. To the extent that the cost to
the county is in excess of that sum recovered from persons treated,
the cost shall be paid by the county in the same manner as other
expenses of the county are paid.

104845. The governing board of each school district and the
governing authority of each private school shall cooperate with the
county health officer in carrying out the program in any school under
its jurisdiction. The governing board of any school district may use
any funds, property, and personnel of the district for that purpose.

104850. Treatment shall be provided for a person only if the parent
or guardian or responsible relative or adult who has assumed
responsibility for his or her care and custody (in the case of a
minor), or the person (if an adult), files with the governing board
of the school district or the governing authority of the private
school, as the case may be, a letter provided by the district or
authority pursuant to Section 104855, stating that such treatment is
desired.

104855. The governing board of each school district and the
governing authority of each private school shall distribute to each
pupil's parent or guardian or responsible relative or adult who has
assumed responsibility for his or her care and custody (in the case
of a minor), or the pupil (if an adult), a letter which may be
returned to such district or authority in which the person to receive
the letter may indicate that the treatment is desired and the pupil
is to receive the treatment or that the pupil is not to receive the
treatment for one of the following reasons: (i) the pupil has
received the treatment from a dentist, or (ii) the treatment is not
desired.

104860. The department shall adopt and enforce all regulations
necessary to carry out this article.

104865. In enacting this article, it is the intent of the
Legislature to provide a means for the eventual achievement of the
topical application of fluoride or other decay-inhibiting agent to
the teeth of all school pupils in this state. However, it is
understood that this treatment is not a substitute for regular
professional dental care. This article is designed to provide for the
keeping of adequate records of treatment so that appropriate public
agencies and the persons treated will be able to ascertain that a
person has been so treated.