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S. 1240
STATUS INFORMATION
General Bill
Sponsors: Senator Cleary
Document Path: l:\council\bills\nbd\12210ac08.doc
Introduced in the Senate on March 27, 2008
Currently residing in the Senate Committee on Medical Affairs
Summary: Dental health screenings of children
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/27/2008 Senate Introduced and read first time SJ-15 3/27/2008 Senate Referred to Committee on Medical Affairs SJ-15
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 44 SO AS TO REQUIRE DENTAL HEALTH SCREENINGS OF CHILDREN AS A PREREQUISITE TO ENTERING KINDERGARTEN, TO ESTABLISH THE PROCEDURES AND REQUIREMENTS FOR SUCH SCREENINGS, AND TO PROVIDE EXEMPTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 44 of the 1976 Code is amended by adding:
Section 44-8-10. The Department of Health and Environmental Control in coordination with the Department of Education, shall establish guidelines for conducting a dental screening for each student upon entering five year old kindergarten or upon subsequent entry into South Carolina public schools. These guidelines must be promulgated in regulations and must include procedures for screenings and for the issuance of a certificate of dental screening for a child entering five year old kindergarten or upon subsequent entry into a South Carolina public school. The certificate of dental screening must be issued to the parent or guardian of the child upon the completion of the screening and the parent or guardian must submit the certificate to the school at the time of the child's enrollment, but no later than one month after the child's start date. These guidelines also must provide that the screenings required by this section must be made by authorized personnel at no charge.
Section 44-8-20. As used in this chapter, unless a different meaning is required by the context:
(1) 'Authorized personnel' means dentists, dental hygienists, certified dental assistants, physicians, nurses, or anyone who has qualified under the department's training module.
(2) 'Department' means the South Carolina Department of Health and Environmental Control.
(3) 'School' means any public school operating within the State, as defined by Section 59-1-120.
(4) 'Screening' means an oral health screening performed consistent with the information collected on the oral health screening form, which must be developed by the department in conjunction with the South Carolina Dental Association.
Section 44-8-30. Upon completion of a dental screening, the authorized personnel shall issue a certificate of dental screening for the child for the specific screening, which must be performed in accordance with guidelines that the department shall promulgate in regulation. The authorized personnel shall notify and advise the child's parent or guardian to seek further professional attention for the child as indicated by the screening.
Section 44-8-40. The requirements of this article also may be satisfied in full by regular examinations performed by dentists licensed in this State. The extent of the examination must be determined by the dentist, and upon completion of the examination, the dentist shall issue a certificate of dental screening to the child's parents or guardian to be submitted to the child's school.
Section 44-8-50. When a parent or guardian's beliefs and practices conflict with the dental screening requirements provided for in this chapter, the school shall accept and place in the child's file the parent's signed affidavit of the existing conflict and shall issue a dental screening exemption form to this effect. The following are reasons for issuing the dental screening exemption form:
(1) A religious exemption may be granted for any student whose parent or guardian signs the appropriate section of the dental screening exemption form stating membership in a recognized religious denomination in which tenets and practices of the religious denomination conflict with dental screenings.
(2) A medical exemption may be made when an individual licensed to practice medicine, dentistry, surgery, or osteopathy determines that a dental screening is not advisable for the child and signs the appropriate section of the dental screening exemption form. When it is determined that the dental screening is no longer contraindicated, the child must have the dental screening.
(3) A special exemption may be issued by a school principal or authorized school representative to transfer students while awaiting arrival of medical records from their former area of residence or to other students who have been unable to secure documentation of screenings already received. A special dental screening exemption form may be issued only once and is valid thirty calendar days from the date of enrollment. At the expiration of this special exemption, a student must present a valid certificate of dental screening or a valid dental screening exemption form citing religious or medical exemption.
Section 44-8-60. Implementation of this chapter is contingent upon the appropriation of state general funds or the availability of financial support from other sources and must be operational within one year of adequate funding becoming available."
SECTION 2. This act takes effect July 1, 2008, and applies beginning with students entering five year old kindergarten or their first year in a South Carolina public school in the 2008-2009 school year.
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