2019 -- H 5431 AS AMENDED

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LC001394

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO EDUCATION - HEALTH AND SAFETY OF PUPILS

     Introduced By: Representatives Mendez, Alzate, Shanley, Casimiro, and Tobon

     Date Introduced: February 14, 2019

     Referred To: House Health, Education & Welfare

     (Dept. of Health)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-21-9 of the General Laws in Chapter 16-21 entitled "Health and

Safety of Pupils" is hereby amended to read as follows:

     16-21-9. Health examinations and dental screenings -- Reports -- Records.

     (a) Each community as defined in § 16-7-16 shall provide for the appointment of a

physician to make examinations of the health of the school children, who shall report any

deviation from the normal, and for the preservation of records of the examinations of the children.

Each community shall further provide for dental screenings by a licensed dentist or licensed

dental hygienist or a licensed public health dental hygienist, with at least three (3) years of

clinical experience, who shall report any suspected deviation from the normal, and for the

preservation of records of the screenings of the children. Each community shall notify the parents

or custodians of children of conditions requiring professional or skilled treatment. The state

commissioner of elementary and secondary education shall provide blank forms and record books

that he or she may deem necessary for the purposes of this section.

     (b) Each community as defined in § 16-7-16 shall contract with a licensed dentist and/or

a licensed public health dental hygienist, for the provision of the dental screenings services

required by this section. Dental hygienists performing the dental screenings pursuant to the

provisions of this section shall do so under the general supervision of the dentist liable and

responsible under the contract with the community or within the collaborative agreement

guidelines between a licensed public health hygienist and licensed dentist.

     (c) Except in emergency circumstances, should a referral by a dentist, dental hygienist,

and/or public health dental hygienist of children screened pursuant to the provisions of this

section be provided to a dental practice by which the dentist or dental hygienist is employed

and/or which the dentist owns, the referral should include the name(s) of one or more dental

practices as alternative providers shall be strictly prohibited. In the event that a referral has been

made in violation of this provision, the community shall terminate its contract with the dentist. In

the case of an egregious violation of the referral prohibition contained in this section, that conduct

shall be reported to the board of dental examiners.

     (d) Each community shall provide to parents or custodians of children who require

professional or skilled treatment a list of both dental practices in the community that accept

patients insured by medical assistance and/or RIte Care and dental practices that provide services

on a sliding scale basis to uninsured individuals. The department of human services shall provide

each community with a list containing the addresses and telephone numbers of both dental

practices that accept patients insured by medical assistance and/or RIte Care and dental practices

that provide services on a sliding scale basis to uninsured individuals.

     (e) Dental screenings for children in kindergarten, third, and ninth grade shall only be

performed by a licensed dentist or licensed public health dental hygienist.

     (f) All dentists, dental hygienists, and/or public health dental hygienists, performing

dental screenings pursuant to the provisions of this section, shall meet with the oral health

director of the department of health on a regular basis, as determined by the chief.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION - HEALTH AND SAFETY OF PUPILS

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     This act would include any "licensed public health dental hygienist" among persons

eligible to conduct dental screenings for children in kindergarten, third, and ninth grade.

     This act would take effect upon passage.

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LC001394

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