SENATE BILL 353
55th legislature - STATE OF NEW MEXICO - first session, 2021
INTRODUCED BY
Joshua Sanchez
AN ACT
RELATING TO EDUCATION; AMENDING SECTION 22-13-30 NMSA 1978 (BEING LAWS 2007, CHAPTER 353, SECTION 2 AND LAWS 2007, CHAPTER 357, SECTION 2); REQUIRING ALL STUDENTS IN GRADE LEVELS LOWER THAN FOURTH GRADE WHO ENTER PUBLIC PRESCHOOL, HEAD START OR PUBLIC SCHOOL FOR THE FIRST TIME TO HAVE A COMPREHENSIVE VISION EXAMINATION BY A LICENSED OPTOMETRY PRACTITIONER ON OR BEFORE JANUARY 1 OF THE SCHOOL YEAR IN WHICH THEY ENROLL; PROVIDING FOR THE PROMULGATION OF TRAINING REQUIREMENTS FOR SCHOOL VISION SCREENERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 22-13-30 NMSA 1978 (being Laws 2007, Chapter 353, Section 2 and Laws 2007, Chapter 357, Section 2) is amended to read:
"22-13-30. COMPREHENSIVE EYE EXAMINATIONS AND VISION SCREENING.--
A. Upon submission of a written request from a parent or legal guardian of a student to the student's school, the student shall be exempted from the requirements of this section.
B. A student who is younger than ten years of age and entering a New Mexico public school for the first time shall receive a comprehensive vision examination performed by an optometry practitioner licensed pursuant to the Optometry Act; provided that the student did not previously receive a comprehensive vision examination pursuant to the Early Childhood Care and Education Act. A parent or legal guardian of the student shall submit evidence of the examination pursuant to Subsection C of this section to the student's school on or before January 1 of the first year in which the student is enrolled.
C. The board of optometry, in conjunction with the department of health, shall promulgate rules establishing the criteria for the examinations and the forms or other evidence of examination required pursuant to Subsection B of this section and the training requirements for persons conducting vision screening pursuant to Subsection G of this section; provided that the promulgated rules shall be in compliance with federal health and insurance laws. A proof of examination shall include the information required pursuant to Subsection E of this section, the cost and method of payment of the examination and the examiner's qualifications to the extent allowed pursuant to federal law.
D. The department in conjunction with the department of health shall compile and maintain a list of federal, state, local government or private programs or individuals to which a student who needs a vision examination, further examination or vision correction may be referred for treatment on a free or reduced cost basis. The department shall ensure that the local superintendent, the school principal of each elementary school, the school nurse or other person responsible for school health services and the parent organization for each school district elementary school receive an updated copy of the list each year prior to the first day of the fall semester of a school year. Professional and service organizations concerned with vision health may assist in gathering and disseminating the information at the direction of the department.
E. Information obtained in a comprehensive vision examination pursuant to Subsection B of this section shall at minimum include the following information:
(1) the student's complete case history;
(2) the student's aided and unaided near and distance visual acuity;
(3) the results of an external examination and an ophthalmoscopic examination; and
(4) the student's subjective refraction to best visual acuity.
F. A school shall transmit a copy of the results of a comprehensive vision examination conducted pursuant to this section to the department of health. The department of health and the licensed optometry practitioner who conducted the examination shall retain the results for seven years.
G. Exclusive of the comprehensive vision examination required pursuant to Subsection B of this section, a school nurse or the nurse's designee, a primary care health provider or a lay eye screener who has received training required pursuant to Subsection B of this section shall administer a vision screening test for students enrolled in the school in pre-kindergarten, kindergarten, first grade and third grade and for transfer and new students in those grades [unless a parent affirmatively prohibits the visual screening].
H. If any part of application of this section is held to be invalid, the remainder or its application to other situations or persons shall not be affected."
SECTION 2. A new section of the Early Childhood Care and Education Act is enacted to read:
"[NEW MATERIAL] COMPREHENSIVE EYE EXAMINATIONS AND VISION SCREENING.--
A. Upon submission of a written request from a parent or legal guardian of a student to the student's school, the student shall be exempted from the requirements of this section.
B. A student who is younger than six years of age and is entering a New Mexico public preschool, head start or public school for the first time shall receive a comprehensive vision examination performed by an optometry practitioner licensed pursuant to the Optometry Act. The parent or legal guardian of the student shall submit evidence of the examination pursuant to Subsection C of this section to the student's school on or before January 1 of the first year in which the student is enrolled.
C. The state board of optometry, in conjunction with the department of health, shall promulgate rules establishing the criteria for the examinations and the forms or other evidence of examination required pursuant to Subsection B of this section and the training requirements for persons conducting vision screening pursuant to Subsection G of this section; provided that the promulgated rules shall be in compliance with federal health and insurance laws. A proof of examination shall include the information required pursuant to Subsection E of this section, the cost and method of payment of the examination and the examiner's qualifications to the extent allowed pursuant to federal law.
D. The department in conjunction with the department of health shall compile and maintain a list of federal, state, local government or private programs or individuals to which a student who needs a vision examination, further examination or vision correction may be referred for treatment on a free or reduced cost basis. The department shall ensure that the superintendent of schools, the principal of each public preschool, head start program or public school, the school nurse or other person responsible for school health services and the parent organization for each public preschool, head start program or public school receives an updated copy of the list each year prior to the first day of the fall semester of a school year. Professional and service organizations concerned with vision health may assist in gathering and disseminating the information, at the direction of the department.
E. Information obtained in a comprehensive vision examination pursuant to Subsection B of this section shall at minimum include the following information:
(1) the student's complete case history;
(2) the student's aided and unaided near and distance visual acuity;
(3) the results of an external examination and an ophthalmoscopic examination; and
(4) the student's subjective refraction to best visual acuity.
F. A public preschool, head start program or public school shall transmit a copy of the results of a comprehensive vision examination conducted pursuant to this section to the department of health. The department of health and the licensed optometry practitioner who conducted the examination shall retain the results for seven years.
G. Exclusive of the comprehensive vision examination required pursuant to Subsection B of this section, a school nurse or the nurse's designee, a primary care health provider or a lay eye screener who has received training required pursuant to Subsection B of this section shall administer a vision screening test for students enrolled in the school in pre-kindergarten, kindergarten and first grade and for transfer and new students in those grades.
H. If any part of application of this section is held to be invalid, the remainder or its application to other situations or persons shall not be affected."
SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2021.
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