BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 402 (Mitchell) - Pupil health: vision examinations. ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: May 4, 2015 |Policy Vote: ED. 7 - 0, HEALTH | | | 8 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 18, 2015 |Consultant: Jillian Kissee | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: Requires a pupil's vision to be examined by a physician, optometrist, or ophthalmologist, as specified, and requires the pupil's parent or guardian to provide the results of the examination to the pupil's school. This bill prohibits a school from denying admission to a pupil or taking any other adverse action against a pupil if his or her parent or guardian fails to provide the results of the examination. If the results of the examination are not provided to the school, this bill requires a pupil's vision to instead be appraised pursuant to existing law, as specified. Fiscal Impact: Increased costs to Medi-Cal: To the extent students shift from having their vision appraised by a school nurse or other person, as authorized in current law, to having a more expansive examination conducted by a physician, optometrist, SB 402 (Mitchell) Page 1 of ? or ophthalmologist as a result of this bill, it could potentially drive significant costs to the state through the Medi-Cal program. See staff comments. Administrative costs: The CDE indicates that this bill will result in costs in the low tens of thousands General Fund. Of this, $25,000 is one-time to adopt regulations governing the requirements included in this bill. About $6,000 will be necessary to provide participation data. Mandate: The bill will likely result in a reimbursable state mandate for activities imposed on schools such as: tracking students that have taken a comprehensive exam and those that need to be screened at the school site and staff training on the bill's new requirements. Background: Current law: 1. Requires, during kindergarten or upon first enrollment in an elementary school, and in grades 2, 5, and 8, the vision of students to be appraised by the school nurse or other authorized person. The appraisal must include tests for visual acuity and color vision, however, color vision is to be appraised once and only on male students. Continual and regular observation of students' eyes, appearance, behavior, visual performance and perception are to be done by the school nurse and the classroom teacher. The appraisal may be waived if the parents present a certificate from a physician and surgeon, a physician assistant or an optometrist, and parents may opt-out based on religious beliefs. (Education Code § 49455) 2. Requires a report to be made to the parent when a visual or other defect has been noted by the supervisor of health or his/her assistant. (EC § 49456) 3. Requires school districts to provide for the testing of the sight and hearing of each student enrolled in the district. The test is to be given only by specified personnel. SB 402 (Mitchell) Page 2 of ? 4. Provides that: A. An employee of a school district or of a county superintendent of schools to be authorized to give vision tests and be designated a "duly qualified supervisor of health" if the employee is a physician and surgeon or osteopath, a school nurse, or an optometrist. B. Non-medical certificated employees of a school district or county office of education may be authorized to give vision tests if the employee has specified documentation. (California Code of Regulations, Title 5, § 591) Proposed Law: This bill makes changes to the vision examination required under existing law. It requires that upon first enrollment in a California school district at an elementary school and at least every second year thereafter (instead of grades 2, 5, and 8) until the student completed grade 8, the student's vision must be examined by a physician, optometrist, or ophthalmologist. The parent or guardian of the student must provide results of the vision examination to the school. The examination is required test for the following: Distance and near visual acuity Eye tracking Binocular vision skills, including both eye teaming and convergence, accommodation, color vision, depth perception, intraocular pressure, pupil evaluation, objective and subjective refraction, and eye health evaluations. This bill prohibits a school from denying admission to a student or taking any other action against a student if the student's parent or guardian fails to provide the results of the vision examination to the school. The school nurse or other person, as specified, must appraise the student's vision in kindergarten or upon first enrollment or entry, and in grades 2, 5, and 8. SB 402 (Mitchell) Page 3 of ? This bill requires the CDE to adopt regulations governing these provisions, including training requirements, and must provide participation data. Related Legislation:1. AB 1840 (Campos), Chapter 803, Statutes of 2014, authorized a child's vision to be appraised by using an eye chart or any scientifically validated photo screening test, among other things. SB 430 (Wright, 2013) would have deleted the existing requirement for appraisal upon first enrollment in an elementary school by the school nurse or other authorized person, and replaced it with a requirement that a pupil receive a vision examination from a physician, optometrist, or ophthalmologist, as specified. SB 430 failed in the Assembly Health Committee without being heard. Staff Comments: This bill requires that students' vision be examined by a physician, optometrist, or ophthalmologist every other year until grade 8 and requires the student's parent or guardian to provide results of the vision examination to the school. If the results of the examination are not provided to the school, this bill requires that the student's vision, instead, be appraised pursuant to existing law. Because this bill does not require a school district to take any adverse action, such as denying the student admission for failure to provide the school with examination results, the rate at which students will receive this examination is unknown. To the extent they do, and are eligible for Medi-Cal benefits, this bill could drive significant increases in costs to the state. The Affordable Care Act requires health plans to cover essential health benefits such as pediatric services which include vision care. In 2013-14, there were approximately 2.4 million students enrolled in kindergarten and grades 2, 4, 6, and 8. Assuming 10 SB 402 (Mitchell) Page 4 of ? percent of these students get the vision examination as prescribed in this bill, and roughly one-half of the children in the state are covered by Medi-Cal, this bill could increase costs to the Medi-Cal program of about $6 million in a mix of federal and General Fund (assuming a Medi-Cal rate of $50 per exam). Though not a state-level cost driver, those families that are not eligible for Medi-Cal would likely incur out-of-pocket costs such as co-pays for their child to receive the examination required by this bill. -- END --