167.194. Vision examination required, when--rulemaking authority--components of the examination--sunset provision. - Missouri Statutes

Vision examination required, when--rulemaking authority--components ofthe examination--sunset provision.

167.194. 1. Beginning July 1, 2008, every child enrolling inkindergarten or first grade in a public elementary school in this stateshall receive one comprehensive vision examination performed by a statelicensed optometrist or physician. Evidence of the examination shall besubmitted to the school no later than January first of the first year inwhich the student is enrolled at the school, provided that the evidencesubmitted in no way violates any provisions of Public Law 104-191, 42U.S.C. 201, et seq, Health Insurance Portability and Accountability Act of1996.

2. The state board of education, in conjunction with the departmentof health and senior services, shall promulgate rules establishing thecriteria for meeting the requirements of subsection 1 of this section,which may include, but are not limited to, forms or other proof of suchexamination, or other rules as are necessary for the enforcement of thissection. The form or other proof of such examination shall include but notbe limited to identifying the result of the examinations performed undersubsection 4 of this section, the cost for the examination, the examiner'squalifications, and method of payment through either:

(1) Insurance;

(2) The state Medicaid program;

(3) Complimentary; or

(4) Other form of payment.

3. The department of elementary and secondary education, inconjunction with the department of health and senior services, shallcompile and maintain a list of sources to which children who may needvision examinations or children who have been found to need furtherexamination or vision correction may be referred for treatment on a free orreduced-cost basis. The sources may include individuals, and federal,state, local government, and private programs. The department ofelementary and secondary education shall ensure that the superintendent ofschools, the principal of each elementary school, the school nurse or otherperson responsible for school health services, and the parent organizationfor each district elementary school receives an updated copy of the listeach year prior to school opening. Professional and service organizationsconcerned with vision health may assist in gathering and disseminating theinformation, at the direction of the department of elementary and secondaryeducation.

4. For purposes of this section, the following comprehensive visionexaminations shall include but not be limited to:

(1) Complete case history;

(2) Visual acuity at distance (aided and unaided);

(3) External examination and internal examination (ophthalmoscopicexamination);

(4) Subjective refraction to best visual acuity.

5. Findings from the evidence of examination shall be provided to thedepartment of health and senior services and kept by the optometrist orphysician for a period of seven years.

6. In the event that a parent or legal guardian of a child subject tothis section shall submit to the appropriate school administrator a writtenrequest that the child be excused from taking a vision examination asprovided in this section, that child shall be so excused.

7. Pursuant to section 23.253, RSMo, of the Missouri sunset act:

(1) The provisions of the new program authorized under this sectionshall automatically sunset on June 30, 2012, unless reauthorized by an actof the general assembly; and

(2) If such program is reauthorized, the program authorized underthis section shall automatically sunset eight years after the effectivedate of the reauthorization of this section; and

(3) This section shall terminate on September first of the calendaryear immediately following the calendar year in which the programauthorized under this section is sunset.

(L. 2007 S.B. 16)

Sunset date 6-30-12, unless reauthorized

Termination date 9-01-13, unless reauthorized