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SB120 SUB1 Senate Bill 120 History

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COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 120

(By Senator Stollings)

____________

[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 subsection (a), section four, article three, chapter sixteen of this code.
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EDUCATION COMMITTEE AMENDMENT


On page four, section six, line five, by striking out the words "subsection (a), section four" and inserting in lieu thereof the words "section four-a".

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