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N.C. Gen. Stat. § 130A-440.1

Early Childhood Vision Care

Redline — September 1, 2021 → current.View current text →
Current — June 1, 2022
As of September 1, 2021
(1) Vision Screening Required for Children Entering Kindergarten. — Every child in this State entering kindergarten in the public schools, beginning with the 2007-2008 school year, shall obtain vision screening in accordance with vision screening standards adopted by the Governor’s Commission on Early Childhood Vision Care. Within 180 days of the start of the school year, the parent of the child shall present to the school principal or the principal’s designee certification that the child has, within the past 12 months, obtained vision screening conducted by a licensed physician, optometrist, physician assistant, nurse practitioner, registered nurse, orthoptist, or a vision screener certified by Prevent Blindness North Carolina, or a comprehensive eye examination performed by an ophthalmologist or optometrist. The health assessment transmittal form required pursuant to G.S. 130A-440 qualifies as certification that the child has obtained the required vision screening. All providers conducting vision screening shall provide each parent in writing the results of the vision screening on forms bearing the signature of the provider supplied to the provider by the Governor’s Commission on Early Childhood Vision Care. The provider shall also orally communicate this information to the parent and shall take reasonable steps to ensure that the parent understands the information communicated. In the instance where a child enters the first grade without having been enrolled in a kindergarten program requiring a vision screening, the requirements for vision screening under this subsection shall apply.
(1) Vision Screening Required for Children Entering Kindergarten. — Every child in this State entering kindergarten in the public schools, beginning with the 2007-2008 school year, shall obtain vision screening in accordance with vision screening standards adopted by the Governor’s Commission on Early Childhood Vision Care. Within 180 days of the start of the school year, the parent of the child shall present to the school principal or the principal’s designee certification that the child has, within the past 12 months, obtained vision screening conducted by a licensed physician, optometrist, physician assistant, nurse practitioner, registered nurse, orthoptist, or a vision screener certified by Prevent Blindness North Carolina, or a comprehensive eye examination performed by an ophthalmologist or optometrist. The health assessment transmittal form required pursuant to G.S. 130A-440 qualifies as certification that the child has obtained the required vision screening. All providers conducting vision screening shall provide each parent in writing the results of the vision screening on forms bearing the signature of the provider supplied to the provider by the Governor’s Commission on Early Childhood Vision Care. The provider shall also orally communicate this information to the parent and shall take reasonable steps to ensure that the parent understands the information communicated. In the instance where a child enters the first grade without having been enrolled in a kindergarten program requiring a vision screening, the requirements for vision screening under this subsection shall apply.comprehensive eye examination pursuant to the terms of this section not more than six months prior to the date of school entry (a1) Comprehensive Eye Examination. — For children who receive and fail to pass a vision screening as required under subsection (a) of this section, a comprehensive eye examination is required. If a public school teacher, administrator, or other appropriate school personnel has reason to believe that a child enrolled in kindergarten through third grade is having problems with vision, the school personnel may recommend to the child’s parent that the child have a comprehensive eye examination. Notification to the parent shall also inform the parent that funds may be available from the Governor’s Commission on Early Childhood Vision Care to pay providers for the examination, including corrective lenses.The comprehensive eye examination shall be conducted by a duly licensed optometrist or ophthalmologist. The comprehensive eye examination conducted pursuant to this section shall consist of a complete and thorough examination of the eye and shall include: Measurement of visual acuity;
(2) Comprehensive Eye Examination. - For children who receive and fail to pass a vision screening as required under subsection (a) of this section, a comprehensive eye examination is required. If a public school teacher, administrator, or other appropriate school personnel has reason to believe that a child enrolled in kindergarten through third grade is having problems with vision, the school personnel may recommend to the child's parent that the child have a comprehensive eye examination. Notification to the parent shall also inform the parent that funds may be available from the Governor's Commission on Early Childhood Vision Care to pay providers for the examination, including corrective lenses. Measurement of visual acuity;
(3) Ocular alignment and motility;
(2) Ocular alignment and motility;
(4) Depth perception — stereopsis;
(3) Depth perception — stereopsis;
(5) Fusion;
(4) Fusion;
(6) Slit lamp examination of the lid margins, conjunctivae, cornea, anterior chamber, iris, and crystalline lens;
(5) Slit lamp examination of the lid margins, conjunctivae, cornea, anterior chamber, iris, and crystalline lens;
(7) Examination of the ocular adnexa, the anterior segment, and pupils; and
(6) Examination of the ocular adnexa, the anterior segment, and pupils; and
(8) Cycloplegic refraction and dilated fundus examination.
(7) Cycloplegic refraction and dilated fundus examination.Health assessment vision screening under G.S. 130A-440 is not a comprehensive eye examination for purposes of this section.
(9) Repealed by Session Laws 2006-240, s. 1(a), effective August 13, 2006.
(8) Repealed by Session Laws 2006-240, s. 1(a), effective August 13, 2006.
(10) The results of a comprehensive eye examination conducted under this section shall be included on the comprehensive eye examination transmittal form developed by the Commission pursuant to G.S. 143B-216.75 and shall contain a summary of the comprehensive eye examination performed by the optometrist or ophthalmologist. Any treatment recommendations by the optometrist or ophthalmologist, such as spectacles for schoolwork, shall appear in the summary and school health card. The provider shall present a signed transmittal form to the parent upon completion of the examination. The parent shall submit the transmittal form to the school in accordance with this section.
(9) The results of a comprehensive eye examination conducted under this section shall be included on the comprehensive eye examination transmittal form developed by the Commission pursuant to G.S. 143B-216.75 and shall contain a summary of the comprehensive eye examination performed by the optometrist or ophthalmologist. Any treatment recommendations by the optometrist or ophthalmologist, such as spectacles for schoolwork, shall appear in the summary and school health card. The provider shall present a signed transmittal form to the parent upon completion of the examination. The parent shall submit the transmittal form to the school in accordance with this section.
(11) Repealed by Session Laws 2006-240, s. 1(a), effective August 13, 2006.
(10) Repealed by Session Laws 2006-240, s. 1(a), effective August 13, 2006.
(12) G.S. 130A-441, 130A-442, and 130A-443, pertaining to health assessments, apply to comprehensive eye examinations required under this section.
(11) G.S. 130A-441, 130A-442, and 130A-443, pertaining to health assessments, apply to comprehensive eye examinations required under this section.
(13) No child shall be excluded from attending school for a parent’s failure to obtain a comprehensive eye examination required under this section. If a parent fails or refuses to obtain a comprehensive eye examination or to provide the certification of a comprehensive eye examination, the school shall send a written reminder to the parent of required eye examinations and shall include information about funds that may be available from the Governor’s Commission on Early Childhood Vision Care.
(12) No child shall be excluded from attending school for a parent’s failure to obtain a comprehensive eye examination required under this section. If a parent fails or refuses to obtain a comprehensive eye examination or to provide the certification of a comprehensive eye examination, the school shall send a written reminder to the parent of required eye examinations and shall include information about funds that may be available from the Governor’s Commission on Early Childhood Vision Care.
(14) In adopting standards for vision screening under this section and as required under G.S. 130A-440, the Commission shall take into account the resources necessary to comply with the standards and, if standards will require additional resources, shall mitigate the impact on resources without compromising vision screening effectiveness.
(13) In adopting standards for vision screening under this section and as required under G.S. 130A-440, the Commission shall take into account the resources necessary to comply with the standards and, if standards will require additional resources, shall mitigate the impact on resources without compromising vision screening effectiveness.
(15) As used in this section, the term “parent” means the parent, guardian, or person standing in loco parentis.
(14) As used in this section, the term “parent” means the parent, guardian, or person standing in loco parentis.
comprehensive eye examination pursuant to the terms of this section not more than six months prior to the date of school entry
The comprehensive eye examination shall be conducted by a duly licensed optometrist or ophthalmologist. The comprehensive eye examination conducted pursuant to this section shall consist of a complete and thorough examination of the eye and shall include:
Health assessment vision screening under G.S. 130A-440 is not a comprehensive eye examination for purposes of this section.
History
(2005-276, s. 10.59F(g); 2005-345, s. 20(d); 2006-240, s. 1(a).)
Governor's Vision Program Established. - Session Laws 2005-276, s. 10.59F(a)-(c), provides: "(a) Program established. - There is established in the Department of Health and Human Services, Division of Public Health, the Governor's Vision Care Program. The purpose of the Program is to provide funds for early detection and correction of vision problems in children enrolled in grades K through 3 who are eligible for services under the Program. These funds shall be allocated to reimburse optometrists and ophthalmologists licensed to practice in this State for the comprehensive eye examination, including necessary spectacles, provided to meet the requirements of G.S. 130A-440.1.
"(b) Eligibility. - Children eligible for services under this section shall be those with a family income not exceeding two hundred fifty percent (250%) of the federal poverty level, who do not have private health insurance coverage, and are not eligible for services under NC Health Choice, Medicaid, the Department of Health and Human Services' Commission for the Blind programs, VSP's Sight for Students, or the Lions Club Foundation.
"(c) For the purposes of this section, 'comprehensive eye examination' means a complete and thorough examination of the eye and human visual system that includes an evaluation, determination, and diagnosis of:
"(1) Visual acuity at distance and near;
"(2) Alignment and ocular motility;
"(3) Binocular fusion abnormalities, including tracking;
"(4) Actual refractive errors, including verification by subject means;
"(5) Any color vision disorder;
"(6) Intraocular pressure as may be medically appropriate; and
"(7) Ocular health, including internal and external assessment.
"Routine screening that does not encompass all of the examination components listed in this subsection does not qualify for reimbursement from the Program."

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.