Read 1st time March 29, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To amend chapter 167, RSMo, relating to pupils and special services by adding thereto one new section relating to health assessments for students.
Section A. Chapter 167, RSMo, is amended by adding thereto one new section, to be known as section 167.629, to read as follows:
167.629. 1. As used in this section, the following terms mean:
(1) "Director", the director of the department of health;
(2) "Health assessment", a physical examination including determinations of health history, urinalysis, hemoglobin/hemotocrit, basic cardiac assessment, pulmonary/respiratory function, hearing ability, vision ability, nutrition adequacy, and appropriate growth and development;
(3) "Health facility", the same meaning as in chapter 197, RSMo;
(4) "Local health department", any municipal, county or other board of health having jurisdiction over the place where any pupil affected by this section may reside;
(5) "Nurse", a person licensed to practice professional nursing, as that term is defined in section 335.016, RSMo;
(6) "Physician", the same meaning as in chapter 334, RSMo.
2. Subject to the provisions of subsections 4 and 7 of this section, on and after September 1, 2001, every pupil up to the age of eleven years who has not previously enrolled in any public school in this state, prior to admission to and attendance in school, shall present to the appropriate school board the results of a health assessment, pursuant to subsection 7 of this section, which assessment shall have been conducted within twelve months of school entry by a physician or by a person acting under the direction of a physician. Information contained in the health assessment shall be confidential and shall not be disclosed or made public beyond that necessary pursuant to this section, except that:
(1) Information contained in the health assessment may be disclosed to school board personnel but only to the extent necessary to administer this section and protect the health of the pupil;
(2) If a medical emergency exists, the information contained in the health assessment may be disclosed to medical personnel to the extent necessary to protect the health of the pupil;
(3) If the parent or guardian of a pupil under eighteen years of age consents to the disclosure of the information contained in the health assessment or, if the pupil is eighteen years of age or older, if the pupil consents to the disclosure of the information; or
(4) If no person can be identified in the information to be disclosed and the disclosure is for statistical purposes.
3. As an alternative to the health assessment required pursuant to subsection 2 of this section, a pupil shall present:
(1) A written statement signed by one parent or guardian that the child is an adherent of a religious denomination whose religious teachings are opposed to such assessments; or
(2) A written statement signed by one parent or guardian that such assessment will be scheduled and completed within ninety days after admission to school.
4. Prior to the commencement of each public school year, the school board of every public school affected by this section shall give to all known pupils who will be enrolling in the school and who are subject to the requirements of subsection 2 or 3 of this section, a copy of any policy regarding the implementation of the provisions of this section adopted by the school board.
5. If a pupil transfers from one public school to another, the school board of the school from which the pupil transfers shall forward with the pupil's transcript, upon request of the parent or guardian of the pupil therefor, the results of the health assessment showing evidence of compliance with the requirements of this section to the school board of the school to which the pupil transfers.
6. Local health departments and health facilities may charge a sliding fee for providing such health assessments based on ability to pay and no pupil shall be denied the health assessment due to inability to pay. The local health officer shall counsel and advise local school boards on the administration of this section. The director may adopt rules and regulations to award grants to assist local health departments and health facilities in providing such health assessments, subject to appropriations.
7. The director may adopt rules and regulations necessary to carry out the provisions of this section, but shall not prescribe a form on which the results of health assessments are reported.
8. The school board of every public school affected by this section may exclude from school attendance, or by policy adopted by any such school board authorize any certificated employee or committee of certificated employees to exclude from school attendance, any pupil who is subject to and who has not complied with the requirements of subsection 2 or 3 of this section. A pupil shall be subject to exclusion from school attendance pursuant to this section until such time as the pupil shall have complied with the requirements of subsection 2 or 3 of this section. The policy shall include provisions for written notice to be given to the parent or guardian of the involved pupil. The notice shall indicate the reason for the exclusion from school attendance, state that the pupil shall continue to be excluded until the pupil has complied with the requirements of subsection 2 or 3 of this section and inform the parent or guardian that a hearing thereon shall be afforded the parent or guardian upon request for a hearing.
9. The school board may adopt any additional requirements to any health assessment conducted pursuant to this section that it deems necessary.
10. No rule or portion of a rule promulgated pursuant to this section shall take effect unless such rule has been
promulgated pursuant to chapter 536, RSMo.
Missouri House of Representatives