HOUSE BILL 791

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

William “Ed” Boykin

AN ACT

RELATING TO CHILDREN; REQUIRING CHILDREN ENTERING FIRST GRADE IN PUBLIC SCHOOLS TO HAVE A COMPREHENSIVE EYE EXAMINATION; PROVIDING FOR REIMBURSEMENTS TO OPTOMETRISTS AND OPHTHALMOLOGISTS WHO PROVIDE EXAMINATIONS TO ELIGIBLE CHILDREN; CREATING A FUND; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of Chapter 24 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] CHILDREN'S VISION CARE--COMPREHENSIVE EYE EXAMINATION REQUIRED FOR PUBLIC SCHOOL--FORMS--ELIGIBILITY FOR ASSISTANCE.--

          A. Beginning with the 2007-2008 school year, a child shall have a comprehensive eye examination no more than six months prior to being enrolled in first grade in the public schools. If a child moves to New Mexico from another state after the start of the school year between first grade and the end of the third grade, the child shall have a comprehensive eye examination within three months of entering public school.

          B. The comprehensive eye examination shall be conducted by an optometrist or ophthalmologist licensed in this state or, in the case of a child who has just moved to New Mexico from another state, from an optometrist or ophthalmologist licensed in that state; provided that the child was examined within six months of entering first grade in public school in New Mexico and the comprehensive examination was substantially equal to the examination required by this section.

          C. The comprehensive eye examination shall consist of a complete and thorough examination of the eye and visual system that includes an evaluation, determination and diagnosis of:

                (1) visual acuity at distance and near;

                (2) alignment and ocular motility;

                (3) binocular fusion abnormalities, including tracking;

                (4) actual refractive errors, including verification by subject means;

                (5) any color vision disorder;

                (6) intraocular pressure; and

                (7) ocular health, including internal and external assessment.

          D. The department of health shall develop a comprehensive eye examination transmittal form to be signed by the optometrist or ophthalmologist who conducted the eye examination, and the parent shall present the form to the public school when enrolling the child. The form shall contain a summary of the comprehensive eye examination performed by the optometrist or ophthalmologist. Any treatment recommendations, such as spectacles for schoolwork, shall be included in the summary.

          E. The department of health shall establish a program to assist eligible children to pay for the comprehensive eye examination and necessary spectacles. An eligible child is one whose family income does not exceed two hundred fifty percent of the federal poverty guidelines and who does not receive comparable benefits from private health or vision insurance, medicaid, commission for the blind or other public or private sources."

     Section 2. A new section of Chapter 24 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] CHILDREN'S VISION CARE FUND CREATED.--The "children's vision care fund" is created in the state treasury. The purpose of the fund is to ensure early detection and correction of vision problems in children enrolling or enrolled in grades one through three who are eligible for services. The fund consists of appropriations, gift, grants and donations. Money in the fund shall not revert or be transferred to another fund at the end of a fiscal year. The fund is administered by the department of health and money in the fund is appropriated to the department to reimburse New Mexico optometrists and ophthalmologists who provide comprehensive eye examinations to eligible children. Disbursements from the fund shall be by warrant of the secretary of finance and administration on vouchers signed by the secretary of health or the secretary's authorized representative."

     Section 3. APPROPRIATION.--One hundred thousand dollars ($100,000) is appropriated from the general fund to the children's vision care fund for expenditure in fiscal year 2007 and subsequent fiscal years to carry out the purpose of the fund. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

     Section 4. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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