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SB485 SUB2 Senate Bill 485 History

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SB485 SUB2
COMMITTEE SUBSTITUTE

FOR

COMMITTEE SUBSTITUTE

FOR


Senate Bill No. 485

(By Senators Stollings, Kessler, White, Plymale, Foster, Laird and Minard)

____________

[Originating in the Committee on Education;

reported March 27, 2009.]

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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; teacher responsibility; full-time county health officer 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 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 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 teacher 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 county health officer. For a county that has a full-time health officer, the health officer of that county shall 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 may be provisionally enrolled under minimum criteria established by the Commissioner of the Bureau for Public Health so the person's dental examination may be completed 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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