§70-1210.284. Vision screening certification - Comprehensive eye
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examination - Notice.
A. 1. The parent or guardian of each student enrolled in kindergarten at a public school in this state shall provide certification to school personnel that the student passed a vision screening within the previous twelve
(12)months or during the school year. Such screening shall be conducted by personnel listed on the statewide registry as maintained by the State Department of Health, which may include, but not be limited to, Oklahoma licensed optometrists and ophthalmologists.
2. The parent or guardian of each student enrolled in first or third grade at a public school in this state shall provide within thirty
(30)days of the beginning of the school year certification to school personnel that the student passed a vision screening within the previous twelve
(12)months. Such screening shall be conducted by personnel listed on the statewide registry as maintained by the State Department of Health; provided, Oklahoma licensed optometrists and ophthalmologists shall be exempt from such standards.
3. The parent or guardian of each student who receives a vision screening as required by this section shall receive notification that a vision screening is not the equivalent of a comprehensive eye exam.
B. 1. The Infant and Children’s Health Advisory Council created in Section 1-103a.1 of Title 63 of the Oklahoma Statutes shall make recommendations to the State Commissioner of Health on:
a. standards for vision screening and referral; provided,
Oklahoma licensed optometrists and ophthalmologists
shall be exempt from such standards,
b. qualifications for initial recognition and renewal of
recognition of vision screeners,
c. qualifications for initial recognition and renewal of
recognition of vision screener trainers,
d. qualifications for initial recognition and renewal of
recognition of trainers of vision screener trainers;
provided, Oklahoma licensed optometrists and
ophthalmologists shall be exempt from any training
requirements, and
e. grounds for denial, refusal, suspension or revocation
of recognition of vision screeners, vision screener
trainers and trainers of vision screener trainers.
2. The Department shall:
a. establish and thereafter maintain a statewide
registry, available via the Internet, which shall
contain a list of approved vision screeners,
b. maintain a list of approved vision screener trainers
and trainers of vision screener trainers,
c. maintain the standards for vision screening and
referral. Such standards shall permit the use of an
electronic eye chart as a substitute for a printed eye
chart to assess relative visual acuity. As used in
this subparagraph, “electronic eye chart” means any
computerized or other electronic system, device,
automated computer program, or method of displaying on
an electronic screen medically accepted and properly
sized optotypes, which may be letters, numbers, or
symbols, that is used to assess an individual’s visual
acuity. An electronic eye chart shall meet national
standards of care and shall meet the guidelines
established by the 2016 version, or most recent
version if updated, of the Procedures for the
Evaluation of the Visual System by Pediatricians
produced by the American Academy of Pediatrics, and
d. subject to availability of funds, maintain a cloud-
based platform and data management system that is
compliant with the Health Insurance Portability and
Accountability Act of 1996 and the Family Educational
Rights and Privacy Act of 1974 to collect individual
student screening results from each school district,
manage and report on compliance, and act as an
analytical platform for screening outcomes. The State
Department of Education shall share vision screening
results and any other relevant information with the
State Department of Health for the purpose of
implementing this subparagraph. The agencies shall
enter into an interagency agreement for the sharing of
information as provided by this subparagraph.
3. After notice and hearing, the State Department of Health may deny, refuse, suspend or revoke approval to an applicant who has a history of:
a. noncompliance or incomplete or partial compliance with
the provisions of this section or the rules adopted by
the Commissioner to implement the provisions of this
section,
b. referring persons to a business in which the applicant
has a financial interest or a business which is owned
or operated by someone within the third degree of
consanguinity or affinity of the applicant, or
c. conduct which demonstrates that the applicant is
providing services in a manner which does not warrant
public trust.
4. The Commissioner, giving consideration to the recommendations of the Council, shall promulgate rules to implement the provisions of this section.
C. 1. The parent or guardian of each student who fails the vision screening required in subsection A of this section shall receive a recommendation to undergo a comprehensive eye examination performed by an ophthalmologist or optometrist.
2. The ophthalmologist or optometrist shall forward a written report of the results of the comprehensive eye examination to the student’s school, parent or guardian, and primary health care provider designated by the parent or guardian. The report shall include, but not be limited to:
a. date of report,
b. name, address and date of birth of the student,
c. name of the student’s school,
d. type of examination,
e. a summary of significant findings, including
diagnoses, medication used, duration of action of
medication, treatment, prognosis, whether or not a
return visit is recommended and, if so, when,
f. recommended educational adjustments for the child, if
any, which may include: preferential seating in the
classroom, eyeglasses for full-time use in school,
eyeglasses for part-time use in school, sight-saving
eyeglasses, and any other recommendations, and
g. name, address and signature of the examiner.
D. No student shall be prohibited from attending school for a parent’s or guardian’s failure to furnish a report of the student’s
vision screening or an examiner’s failure to furnish the results of a student’s comprehensive eye examination required by this section.
E. School districts shall notify parents or guardians of students who enroll in kindergarten, first, or third grade for the 2007-08 school year and each year thereafter of the requirements of this section.
F. The State Board of Education shall adopt rules for the implementation of this section except as provided in subsection B of this section. The State Department of Education shall issue a report annually on the impact and effectiveness of this section. Added by Laws 2006, c. 160, § 1, eff. Nov. 1, 2006. Amended by Laws 2009, c. 175, § 1, eff. July 1, 2009; Laws 2010, c. 2, § 88, emerg. eff. March 3, 2010; Laws 2013, c. 135, § 1, eff. Nov. 1, 2013; Laws 2013, c. 229, § 79, eff. Nov. 1, 2013; Laws 2022, c. 112, § 1, eff. Nov. 1, 2022; Laws 2024, c. 439, § 3, eff. July 1, 2024. NOTE: Laws 2009, c. 109, § 1 repealed by Laws 2010, c. 2, § 89, emerg. eff. March 3, 2010.