Bill Text: MI HB4223 | 2019-2020 | 100th Legislature | Chaptered
Bill Title: Health: screening; dental oral assessment program for certain children; require department of health and human services to establish. Amends heading of pt. 93 & secs. 9307 & 9321 of 1978 PA 368 (MCL 333.9307 & 333.9321) & adds secs. 9312 & 9316.
Spectrum: Bipartisan Bill
Status: (Passed) 2020-12-31 - Assigned Pa 261'20 [HB4223 Detail]
Download: Michigan-2019-HB4223-Chaptered.html
Act No. 261
Public Acts of 2020
Approved by the Governor
December 29, 2020
Filed with the Secretary of State
December 29, 2020
EFFECTIVE DATE: March 29, 2021
state of michigan
100th Legislature
Regular session of 2020
Introduced by Reps. VanSingel, Cynthia Johnson, Chirkun, Marino, Cherry, Elder, Love, Cambensy, Ellison, Frederick, Kahle, Sabo, Brann and Wozniak
ENROLLED HOUSE BILL No. 4223
AN ACT to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending the heading of part 93 and sections 9307 and 9321 (MCL 333.9307 and 333.9321) and by adding sections 9312 and 9316.
The People of the State of Michigan enact:
PART 93
HEARING, VISION, AND DENTAL
Sec. 9307. (1) A parent, guardian, or person in loco parentis applying to have a child registered for the first time in kindergarten or first grade in a school in this state shall present to school officials, at the time of registration or not later than the first day of school, a certificate of hearing and vision testing or screening or statement of exemption under section 9311.
(2)
Before November 1 of each year, the principal or administrator of each school
shall give the state and local health departments a summary of the hearing and
vision reports at the time of school entry of new entering kindergarten and
first grade students. The reports must be made on forms provided or approved by
the department.
Sec. 9312. Records of hearing or vision testing and screening administered and conducted under this part and of dental oral assessments administered and conducted under this part must be made and preserved as provided by the department. The records must be available to health agencies and other persons to assist in obtaining proper and necessary health, dental, and educational care, attention, and treatment as permitted by the department. Individual records are confidential as required by section 2637.
Sec. 9316. (1) By the 2021-2022 school year, the department shall establish and maintain a dental oral assessment program to provide dental oral assessments to children residing in this state whose parents, guardians, or persons in loco parentis do not have dental oral assessments conducted as described in subsection (5)(a) but otherwise decide to have dental oral assessments conducted on their children under this section.
(2) Subject to subsection (3), the department shall accomplish the program by contracting with a government entity or person, which may include a grantee health agency described in section 16625. The following apply to the government entity or person selected by the department under this subsection:
(a) The government entity or person shall conduct the program in each area served by a local health department and shall publicize the dental oral assessment service and the time and place of the clinics.
(b) A dental oral assessment administered under the program must include a limited clinical inspection, performed by a dentist or a dental hygienist, to identify possible signs of oral or systemic disease, malformation, or injury, and the potential need for referral for diagnosis and treatment.
(3) If a school district has entered into a contract with a government entity or person to administer dental oral assessments to the school district’s students, the school district may continue to use the government entity or person to conduct the dental oral assessments if the school district ensures that the dental oral assessments are conducted by May 31 of each year and the requirements of subsections (4) and (7) are met and provides all of the following information to the department:
(a) The name of the government entity or person that conducts the dental oral assessments.
(b) Each date the government entity or person is scheduled to provide the dental oral assessments.
(c) The total number of dental oral assessments that are scheduled.
(4) When the result of a dental oral assessment indicates that a child requires follow-up care, the dentist or dental hygienist or government entity or person conducting the assessment shall present to the individual bringing the child a written statement clearly indicating that follow-up treatment is encouraged and, upon request, provide information concerning the availability and sources of dental treatment required to eliminate or reduce an identified problem.
(5) Beginning in the 2021-2022 school year, a parent, guardian, or person in loco parentis applying to have a child registered for the first time in kindergarten or first grade in a school in this state may do the following:
(a) Have a dentist or dental hygienist conduct a dental oral assessment on the child not earlier than 6 months before the date of the child’s registration with the school and obtain from the dentist or dental hygienist a written statement certifying that the child has received the dental oral assessment within the time frame required under this subdivision. The written statement must be on a form prescribed by the department.
(b) If the parent, guardian, or person in loco parentis of the child does not have a dental oral assessment conducted as described in subdivision (a), have a dental oral assessment conducted on the child by the government entity or person selected by the department under subsection (2).
(6) Beginning in the 2021-2022 school year, a parent, guardian, or person in loco parentis applying to have a child registered for the first time in kindergarten or first grade in a school in this state who chooses to have a dental oral assessment conducted on the child as described in subsection (5) may present to school officials, at the time of registration or not later than the first day of school, the statement described in subsection (5) or a written statement indicating that the parent, guardian, or person in loco parentis of the child will provide for the child’s dental oral assessment by a government entity or person selected by the department under subsection (2). A child shall not be excluded from school attendance if the parent, guardian, or person in loco parentis of the child does not present a statement to school officials under this section.
(7) Before November 1 of each year, beginning in the 2021-2022 school year, the principal or administrator of each school shall give the department a summary of any dental reports that it receives at the time of school entry of new kindergarten and first grade students. The reports must be made on forms provided or approved by the department.
(8) This section does not
apply in a fiscal year in which the legislature does not appropriate money for
the program.
(9) As used in this section, “program” means the dental oral assessment program described in subsection (1).
(10) This section does not apply beginning January 1, 2024.
Sec. 9321. The department may promulgate rules to implement this part, including, but not limited to, the age and frequency for hearing and vision testing and screening under section 9302 and the maintenance and disclosure of records under section 9312.
Enacting section 1. This amendatory act takes
effect 90 days after the date it is enacted into law.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor
