Senate Bill No. 485
(By Senators Stollings, Kessler, White, Plymale, Foster, Laird
[Originating in the Committee on Education;
reported March 27, 2009.]
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
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
§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
(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
(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
§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,
immunization and dental examinations
pursuant to subsection (a), section four, article three, chapter
sixteen of this code.