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.