Amendment ID: S2924-1
Amendment 1
Ensuring Educational Success by Addressing Disparities in Children's Vision
Messrs. Moore, Keenan and Montigny move that the proposed new text be amended by inserting after section __ the following sections:-
SECTION __. Section 57 of chapter 71, as appearing in the 2024 Official Edition, is hereby amended by striking out, in line 4, the words “the individual request of a parent or guardian of a pupil in”.
SECTION __. Section 57 of said chapter 71, as so appearing, is hereby further amended by inserting after the word “entering”, in line 27, the following words:- “preschool or”.
SECTION __. Section 57 of said chapter 71, as so appearing, is hereby further amended by striking out the second paragraph.
SECTION __. Section 57 of said chapter 71, as so appearing, is hereby further amended by inserting, in line 52, after the word “personnel”, the following words:- “and the children’s vision registry established in section 238A of chapter 111”.
SECTION __. Chapter 111 of the General Laws, as so appearing, is further amended by adding after section 238 the following section:-
Section 238A. The department shall establish, maintain, and operate a computerized registry of children’s vision screening and eye care. The registry shall record the results of vision and eye health screenings and follow-up eye care and shall include appropriate controls to protect the security of the system and the privacy of the information.
The department shall promulgate rules and regulations to implement children’s vision registry.
All licensed healthcare providers practicing who administer vision and eye health screenings and eye exams shall report to the registry such data related to screenings as the department determines is necessary to ensure adequate and equitable eye care.
Information in the registry shall only be released from the registry to the following individuals and agencies without further express consent of the individual or the individual’s parent or guardian if the individual is a minor, unless the individual or the parent or guardian objects to such disclosure: (1) licensed health care providers providing direct care to the individual patient; (2) preschool, elementary and secondary school nurses; (3) staff of state agencies or state programs whose duties include education and outreach related to the improvement of children’s eye care amongst their clients.
The department may designate appropriate users who shall have access only to the individually identifiable information for which access is authorized. Authorized users, including employees of the department, who in good faith disclose or refuse to disclose information to the children’s vision registry, shall not be liable in any cause of action arising from the disclosure or nondisclosure of such information. The department may revoke access privileges for just cause.
Persons authorized by the commissioner may conduct research studies to further enhance understanding of children’s vision needs in the Commonwealth; provided, however, that the researcher shall submit a written request for information and shall execute a research agreement that protects the confidentiality of the information provided.
Information contained in the children’s vision registry shall be confidential, shall not constitute a public record, and shall not otherwise be disclosed, except in accordance with this section. Such confidential information shall not be subject to subpoena or court order and shall not be admissible as evidence in any action of any kind before a court, tribunal, agency, board or person.
The department shall establish procedures that allow for an individual, or if the individual is a minor, then the individual’s parent or guardian to amend incorrect information in the children’s vision registry and shall provide, upon request, a record of all individuals and agencies that have accessed an individual’s information.