COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 485
(By Senators Stollings, Kessler, White, Plymale, Foster, Laird
and Minard)
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[Originating in the Committee on Health and Human Resources;
reported March 20, 2009.]
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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.
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, as that term is defined in subsection thirteen,
section three, article four, chapter thirty of this code, 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 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 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 may be provisionally enrolled
under minimum criteria established by the Commissioner of the
Bureau for Public Health so the person's dental examination may be
completed while missing a minimum amount of school.
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.
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