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Introduced Version Senate Bill 485 History

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Senate Bill No. 485

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

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[Introduced March 6, 2009; referred to the Committee on Health and Human Resources; and then to the Committee on Education.]

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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; misdemeanor offense for failure to obtain dental examination; and penalty.

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.

All children entering kindergarten or first grade for the first time in this state shall have undergone a dental examination by a dentist licensed to practice dentistry pursuant to article four, chapter thirty of this code. Such 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. Any person who cannot give satisfactory proof of having undergone a dental examination or a certificate from a reputable dentist showing such examination had taken place, that such examination is impossible or improper or sufficient reason why the dental examination should not be done, shall not be admitted or received in any of the schools of the state until he or she has undergone said dental examination as provided or produces a certificate from a reputable dentist showing that a dental examination has been done or is impossible or improper or other sufficient reason why such dental examination has not been done. Any teacher having information concerning any person who attempts to enter school for the first time without having undergone a dental examination shall report the names of all such persons to the county health officer. It shall be the duty of the health officer in counties having a full-time health officer to see that such persons undergo a dental examination before entering school. However, persons enrolling into kindergarten or first grade from schools outside of the state may be provisionally enrolled under minimum criteria established by the Director of the Department of Health so the person's dental examination may be completed while missing a minimum amount of school.
Any parent or guardian who refuses to permit his or her child to undergo a dental examination, who cannot give satisfactory proof that the child or person has undergone such dental examination, a certificate from a reputable dentist showing that such examination is impossible or improper, or sufficient reason why the dental examination should not be done, shall be guilty of a misdemeanor, and except as herein otherwise provided, shall, upon conviction, be punished by a fine of not less than $10 nor more than $50 for each offense.
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.


NOTE: The purpose of this bill is to require all children who enter a public or private school for the first time, whether it be in kindergarten or first grade, to prove adequate proof of having undergone a dental examination by a licensed dentist.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§16-3-4a is new; therefore, strike-throughs and underscoring have been omitted.
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