ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 120
(By Senator Stollings)
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[Originating in the Committee on Health and Human Resources;
reported January 29, 2010.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §16-3-4a; and to
amend and reenact §18-28-6 of said code, all relating to
requiring all children who enter a public or private school
for the first time, whether it be in kindergarten or first
grade, to provide adequate proof of having undergone a dental
examination by a licensed dentist; exceptions; school
personnel responsibility; school nurse responsibility;
provisional enrollment; and satisfactory proof.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §16-3-4a; and that §18-
28-6 of said code be amended and reenacted, all to read as follows:
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 3. PREVENTION AND CONTROL OF COMMUNICABLE AND OTHER INFECTIOUS DISEASES.
§16-3-4a. Compulsory dental examination of school children;
information disseminated; offenses; penalties.
(a) Subject to the exceptions set forth in subsections (c) and
(e) of this section, all children entering kindergarten or first
grade for the first time in this state shall, within one year prior
to entering kindergarten or first grade, have undergone a dental
examination by a dentist, as that term is defined in subsection
(13), section three, article four, chapter thirty of this code,
licensed to practice dentistry pursuant to article four, chapter
thirty of this code, and produce satisfactory proof of having
undergone the examination as a condition of enrollment in
kindergarten or first grade, as applicable.
(b) The dental examination shall have been performed within
one year prior to enrollment and shall include the evaluation,
diagnosis, prevention and treatment of diseases, disorders and
conditions of the oral cavity, maxillofacial area and the adjacent
and associated structures.
(c) Any person who cannot produce satisfactory proof of having
undergone a dental examination may be admitted to kindergarten or
first grade, as applicable, by producing proof that the dental
examination is impossible or improper or by producing proof of
other sufficient reason why the dental examination should not be
performed.
(d) Any professional person, professional personnel, professional educator, classroom teacher, principal, supervisor,
central office administrator or other professional employee as
those terms are defined in section one, article one, chapter
eighteen-A of this code, having information concerning any person
who attempts to enter kindergarten or first grade for the first
time without having undergone a dental examination, without having
qualified for any of the exceptions set forth in subsection (c) of
this section and without having been provisionally enrolled
pursuant to subsection (e) of this section shall report the name of
the person to the school nurse. The school nurse must attempt to
ensure that the person undergoes a dental examination before
entering school.
(e) Notwithstanding any other provision of this section to the
contrary, persons enrolling into kindergarten or first grade for
the first time shall be provisionally enrolled so the person's
dental examination may be completed within six months while missing
a minimum amount of school.
(f) Satisfactory proof of a dental examination or satisfactory
proof of one of the exceptions set forth in subsection (c) of this
section may be satisfied by producing a certificate from a dentist
or other type of proof.
CHAPTER 18. EDUCATION.
ARTICLE 28. PRIVATE, PAROCHIAL OR CHURCH SCHOOLS, OR SCHOOLS OF A
RELIGIOUS ORDER.
§18-28-6. Requirements exclusive.
No private, parochial or church school or school operated by
any other religious group or body as part of its religious ministry
or other nonpublic school which complies with the requirements of
this article shall be subject to any other provision of law
relating to education except requirements of law respecting fire,
safety, sanitation,
and immunization
and dental examinations
pursuant to section four-a, article three, chapter sixteen of this
code.