Report Title:

Early Childhood; Vision and Hearing Testing

 

Description:

Provides a means for childhood screening required for entry into school, from birth to eight years of age, and establishes the early Childhood Screening Program Advisory Committee.  (HB2022 HD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2022

TWENTY-FOURTH LEGISLATURE, 2008

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO CHILDREN'S HEALTH.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


PART I

     SECTION 1.  The legislature finds that recent neuroscience research demonstrates that a child's early years are the most crucial in the child's cognitive, emotional, social, and physical development.  The legislature affirms that there are tremendous opportunities for preventive work with children and families as well as the predictable, costly consequences of not doing so.  The legislature further finds that quality early childhood education and child care that support all aspects of early development are crucial to ensuring that every child starts his or her formal education healthy, safe, and ready to learn and succeed.  A child's ability to function in the classroom is essential.  This goal can be achieved by assuring that each child can hear, see, and speak at a minimal level prior to starting school.

     The legislature further finds that early screening, identification, and intervention for developmental delays and psychosocial problems improve children's outcomes and have a critical influence on school success and family functioning.  The ideal is to provide each child with ongoing access to quality primary healthcare and, to the greatest extent possible, a safe home and community environment.  However, not all children have access to quality primary healthcare prior to the start of school.  It is in the State's interest to provide developmental screening and assessment that will detect deficiencies and provide corrections before they hinder a child's ability to function in school.

     The departments of health, education, and human services currently provide families access to various community health services.  However, parents are often unaware of or choose not to avail themselves of these services.  Meanwhile, their children do not receive proper screening, evaluation, or referrals for correction or treatment.

     The purpose of part I of this Act is to provide a means for a child to be screened prior to the start of the child's education, at the child’s first entry into preschool or elementary school, to provide for diagnosis, referral, correction or treatment, and to integrate the efforts of community and state organizations related to screening under an early childhood screening program.

     SECTION 2.  Chapter 321, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART    .  EARLY CHILDHOOD SCREENING

§321-    Early childhood screenings.  (a)  Prior to the start of a child’s entry into either preschool or kindergarten, the parent or guardian of a child shall have the child screened for vision, hearing, and development, and shall obtain certification that the child has been screened from:

(1)  The child's pediatrician; or

(2)  Any primary healthcare provider.

If the child does not have a pediatrician or primary healthcare provider, the department may provide the screening or refer the child to a primary healthcare provider at no cost to the child or family.

(b)  Beginning with the 2009-2010 school year, the parent or guardian of a child shall present the certificate of screening to the school where the child enters:

(1)  Preschool; or

(2)  Kindergarten or first grade, whichever is the student's entry grade level for elementary school.

(c)  The department of health shall be the lead department in the development of screening guidelines and shall administer the screening and certification process in collaboration with the departments of education and human services, within the framework defined by the early childhood screening program advisory committee.

(d)  As part of the screening and certification process required by subsection (a), the department of health, child's physician, or primary healthcare provider may:

(1)  Provide information and referrals to programs and services to help remediate any concerns revealed by the screening;

(2)  Inform parents and guardians of their responsibilities in ensuring that the child's psychological and physiological development is progressing satisfactorily;

(3)  Provide assistance and advice to parents and guardians in meeting their responsibilities under paragraph (2);

(4)  Provide additional evaluations or referrals as deemed necessary; and

(5)  Use standardized screening tools and referral protocols developed by the early childhood screening program advisory committee.

     (e)  A waiver signed by a child's parents or guardian indicating that they do not want to have the child screened based on their religious beliefs shall be accepted by the school in lieu of the certificate required in subsection (a).

(f)  As used in this section, "primary healthcare provider" means any healthcare practitioner who provides, or a facility through which is provided, any medical evaluation or treatment including dental and mental health evaluation or treatment.

     §321-    Early childhood screening program advisory committee; establishment.  (a)  There is established the early childhood screening program advisory committee which shall be attached to the department of health, for administrative purposes, to:

     (1)  Plan and implement a statewide screening program for all children from birth to eight years of age;

     (2)  Develop and implement screening certification procedures for children entering preschool and elementary school; and

     (3)  Unify screening-related activities in the state by January 1, 2009.

(b)  The members of the advisory committee shall include:

(1)  The director of health or the director's designee;

(2)  The director of human services or the director's designee;

(3)  The superintendent of education or the superintendent's designee;

(4)  The director of the University of Hawaii, John A. Burns school of medicine, or the director's designee from the department of pediatrics;

(5)  The executive director of the American Academy of Pediatrics, Hawaii chapter or the executive director's designee;

(6)  The president of the Hawaii Academy of Family Physicians or the president's designee;

(7)  The executive director of the Hawaii Primary Care Association or the executive director's designee;

(8)  A representative from Family Voices of Hawaii, a children’s health advocacy organization;

(9)  A representative from the Hilopaa Project;

(10)  A representative from the Healthy Child Care Hawaii Project;

(11)  The executive administrator of the Hawaii state council on developmental disabilities or the executive administrator's designee;

(12)  The chairperson of the Hawaii early intervention coordinating advisory committee or the chairperson's designee; and

(13)  Consumers, as represented by the parents of children to be served by the early childhood screening program.

(c)  The advisory committee may request assistance from the department of health and other state agencies as necessary to provide staff support.

(d)  The director of health shall act as the head of the advisory committee.  The members of the advisory committee shall serve without compensation but shall be reimbursed for necessary expenses, including travel expenses, incurred in the performance of their duties.

(e)  The advisory committee shall:

(1)  Provide recommendations for unifying screening-related activities in the state by January 1, 2009, which may include any enabling legislation;

(2)  Recommend selection of standardized developmental screening tools for children from birth through age eight, including but not limited to:

(A)  Cognitive development;

(B)  Language development;

(C)  Motor development;

(D)  Adaptive skills;

(E)  Behavioral or social-emotional development;

(F)  Hearing; and

(G)  Vision;

(3)  Formalize referral protocols;

(4)  Develop guidelines for reporting the completion of a child’s screening requirement for children entering preschool or elementary school;

(5)  Address issues related to physician participation; and

(6)  Evaluate compliance and appropriateness of referrals.

(f)  The advisory committee shall submit to the legislature an annual report no later than twenty days prior to the start of each regular session, beginning with the regular session of 2009, on the status of the early childhood screening program and any recommended legislation necessary to improve the program.

§321-    Rules.  The director of health shall adopt rules pursuant to chapter 91, necessary for the purposes of this part."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $500,000 or so much thereof as may be necessary for fiscal year 2008-2009 for the planning, implementation, and evaluation of an early childhood screening program.

The sum appropriated shall be expended by the department of health for the purposes of part I of this Act.

PART II

SECTION 4.  The department of health currently provides various community health screening services.  The purpose of part II of this Act is to expand these services to provide screening for hearing and vision-related conditions throughout childhood and into the teenage years.

     SECTION 5.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2008-2009 for the implementation of a hearing and vision screening program for newborns, pre-kindergarteners, and children in school grades three, five, eight, and eleven.

The sum appropriated shall be expended by the department of health for the purposes of part II of this Act.

     SECTION 6.  This Act shall take effect on July 1, 2008.