(1) As used in this section:

Terms Used In Oregon Statutes 336.213

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(a) ‘Dental screening’ means a dental screening test to identify potential dental health problems that is conducted by:

(A) A dentist licensed under ORS Chapter 679;

(B) A dental hygienist licensed under ORS § 680.010 to 680.205;

(C) A health care practitioner who is acting in accordance with rules adopted by the State Board of Education; or

(D) A person who:

(i) Is one of the following:

(I) An employee of an education provider; or

(II) Trained in accordance with guidelines established by the dental director appointed by the Oregon Health Authority; and

(ii) Is acting in accordance with rules adopted by the State Board of Education in collaboration with the dental director appointed by the Oregon Health Authority.

(b) ‘Education provider’ means:

(A) An entity that is a provider under the Oregon Prenatal to Kindergarten Program under ORS § 329.172 to 329.200.

(B) A school district board.

(2)(a) Except as provided in subsection (3) of this section, each education provider shall require a student who is seven years of age or younger and who is beginning an educational program with the education provider for the first time to submit certification that the student received a dental screening within the previous 12 months.

(b) The certification required by this subsection:

(A) Must be provided no later than 120 days after the student begins the educational program.

(B) May be provided by a person identified in subsection (1)(a) of this section who conducts the dental screening at a location not associated with the education provider or who conducts regular dental screenings of the student.

(3) A student is not required to submit certification as required under subsection (2) of this section if the student provides a statement from the parent or guardian of the student that:

(a) The student submitted certification to a prior education provider;

(b) The dental screening is contrary to the religious beliefs of the student or the parent or guardian of the student; or

(c) The dental screening is a burden, as defined by the State Board of Education by rule, for the student or the parent or guardian of the student.

(4) Each education provider shall:

(a) File in the student’s dental health record any certifications and any results of a dental screening known by the education provider.

(b) Provide the parent or guardian of each student with information about:

(A) The dental screenings;

(B) Further examinations or necessary treatments; and

(C) Preventive care, including fluoride varnish, sealants and daily brushing and flossing.

(5) The dental director appointed by the Oregon Health Authority shall develop standardized information described in subsection (4)(b) of this section for distribution by education providers.

(6)(a) No later than October 1 each year, each school district shall submit to the Department of Education a report that identifies the percentage of students who failed to submit the certification required under this section for the previous school year.

(b) No later than December 1 each year, the department shall summarize the reports received under paragraph (a) of this subsection and submit the summary to the interim legislative committees on education and to the dental director appointed by the Oregon Health Authority.

(7) The State Board of Education, in consultation with the Oregon Health Policy Board and the Oregon Board of Dentistry, shall adopt by rule any standards for the implementation of this section. [2015 c.558 § 1; 2023 c.547 § 21]