BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 402 (Mitchell) - Pupil health: vision examinations.
          
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          |Version: May 4, 2015            |Policy Vote: ED. 7 - 0, HEALTH  |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: May 18, 2015      |Consultant: Jillian Kissee      |
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          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,  







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            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.









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             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.









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          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  








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          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.


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