Bill Text: AZ HB2065 | 2016 | Fifty-second Legislature 2nd Regular | Engrossed
Bill Title: Vision screening programs; schools
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2016-03-08 - Referred to Senate HHS Committee [HB2065 Detail]
Download: Arizona-2016-HB2065-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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HOUSE BILL 2065 |
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AN ACT
AMENDING sections 36-899, 36-899.01, 36-899.02, 36-899.03 and 36-899.04, Arizona Revised Statutes; relating to child hearing and vision services.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Heading change
A. The chapter heading of title 36, chapter 7.2, Arizona Revised Statutes, is changed from "CHILD HEARING PROGRAMS" to "CHILD HEARING AND VISION PROGRAMS".
B. The article heading of title 36, chapter 7.2, article 1, Arizona Revised Statutes, is changed from "PROGRAM OF HEARING EVALUATION SERVICES" to "HEARING EVALUATION SERVICES AND VISION SCREENING EVALUATION SERVICES PROGRAMS".
Sec. 2. Section 36-899, Arizona Revised Statutes, is amended to read:
36-899. Definitions
In this chapter, unless the context otherwise requires:
1. "Department" means the department of health services.
2. "Director" means the director of the department of health services.
3. "Hearing evaluation services" means
services which that include the identification, testing, and evaluation of
a child's hearing and the
initiation of follow-up services, as defined in the prescribed by rules and regulations of adopted by the department, as provided by pursuant to section 36-899.03.
4. "Hearing screening evaluation" means the evaluation of the ability to hear certain frequencies at a consistent loudness.
5. "Private education program" means all
programs of private education offering courses of study for grades, children in kindergarten through
the twelfth grade of high school programs and any of grades one through twelve.
6. "Public education program" means all kindergarten, primary and secondary programs of education within the public school system, including but not beyond the twelfth grade of common or high school.
7. "Vision screening evaluation" means the evaluation of visual acuity, stereopsis or color deficiency.
8. "Vision screening evaluation services" means services that include the identification, testing, evaluation and initiation of follow-up services.
Sec. 3. Section 36-899.01, Arizona Revised Statutes, is amended to read:
36-899.01. Programs for all schoolchildren; administration; program termination
A. A program of hearing evaluation services is
established by the department. Such
These services shall
be administered to all children as early as possible,
practicable but in no event not later than the first year of attendance in any public or
private education program, or residential facility for children with
disabilities, and thereafter as circumstances permit
allow until the child
has attained the age of sixteen years of age or is no longer
enrolled in a public or private education program.
B. The program of hearing evaluation services for children in a public education program shall be administered by the department with the aid of the department of education.
C. A program of vision screening evaluation services is established by the department. These services shall be administered to all children as early as practicable but not later than the first year of attendance in any public or private education program, or residential facility for children with disabilities. Visual acuity and stereopsis screening shall be conducted annually through the fourth grade, and each child shall receive a one‑time evaluation of color deficiency. Visual acuity screening shall be conducted every other year until the child has attained sixteen years of age or is no longer enrolled in a public or private education program. All children who are new to a school district, who are receiving special education services and for whom a request has been made by a parent, teacher or other professional shall receive a vision screening evaluation. All participants shall be notified that the screening does not take the place of a comprehensive annual eye exam. The parents of a student that fails a screening shall be advised to have the student receive a comprehensive eye exam.
D. The program of vision screening evaluation services for children in a public or private education program shall be administered and provided by the department, at no cost to this state or to school districts, with one or more vision screening nonprofit organizations in this state that have the ability to collect and maintain vision screening data. Any selected organizations shall provide vision screening evaluation services and data management that comply with the health insurance portability and accountability act of 1996 at no additional cost to this state. Any selected nonprofit organizations may seek gifts, grants, corporate sponsorships and donations to pay for the vision screening evaluations and data management system. Reasonable administrative costs directly associated with the implementation of the vision screening evaluation service program shall be covered by the vision screening nonprofit organizations selected pursuant to this section.
E. On or before December 31, 2016, the department shall select one or more vision screening nonprofit organizations in this state to provide vision screening evaluations and data management that comply with the health insurance portability and accountability act of 1996.
F. School districts that already provide vision screening evaluation services in accordance with screening requirements established under this section may continue to provide those services but shall provide to the department, at no additional cost to this state, annual data submissions that comply with the health insurance portability and accountability act of 1996.
G. All collected data relating to vision screening evaluation services is the property of the department. Organizations selected under this section do not have any ownership of the data or any rights to access the data without the permission of the department.
H. The implementation schedule shall start on or before June 30, 2017. The department shall establish with the selected organizations a timeline for full implementation of vision screening evaluations throughout the state that is not later than five years after the date the department contracts with the organizations.
I. The department shall notify the governor, the president of the senate and the speaker of the house of representatives if the selected organizations are unable to meet the implementation schedule, at no cost to the state, the department or to school districts, prescribed in subsection H of this section.
J. The program established pursuant to subsection C of this section ends on July 1, 2026 pursuant to section 41-3102.
Sec. 4. Section 36-899.02, Arizona Revised Statutes, is amended to read:
36-899.02. Powers of the department; limitations
A. The department may,
in administering the program of hearing evaluation services and vision
screening evaluation services programs, may:
1. Provide consulting services, and establish or supplement hearing evaluation services and vision screening evaluation
services in local health departments, public or private education
programs or other community agencies.
2. Provide for the training of personnel to administer hearing screening evaluations and vision screening evaluations.
3. Delegate powers and duties to other state agencies, county and local health departments, county and local boards of education or boards of trustees of private education programs or other community agencies to develop and maintain periodic hearing evaluation services and vision screening evaluation services.
4. Provide services by contractual arrangement for the development and maintenance of periodic hearing evaluation services and vision screening evaluation services.
5. Accept reports of hearing evaluation and vision screening evaluation
from qualified medical or other professional specialists who are employed by parents
or guardians for hearing evaluation and vision screening evaluation when such these
reports are submitted to the department.
B. The department shall not replace any qualified existing service.
Sec. 5. Section 36-899.03, Arizona Revised Statutes, is amended to read:
36-899.03. Rules
The director shall develop
adopt rules and regulations governing standards, procedures,
techniques, data management
and criteria for conducting and administering hearing evaluation services and vision screening evaluation
services.
Sec. 6. Section 36-899.04, Arizona Revised Statutes, is amended to read:
36-899.04. Right of parent or guardian to refuse test
No A child shall be is not required to submit to any test required by this
chapter if a parent or guardian of the child objects and submits a statement of
such objection to the agency organization administering such
the hearing evaluation
services or vision screening
evaluation services.
