HEALTH AND SAFETY CODE

TITLE 2. HEALTH

SUBTITLE B.  HEALTH PROGRAMS

CHAPTER 37. ABNORMAL SPINAL CURVATURE IN CHILDREN

Sec. 37.001.  SCREENING PROGRAM FOR ABNORMAL SPINAL CURVATURE.  (a)  The department, in cooperation with the Texas Education Agency, shall establish a program to detect abnormal spinal curvature in children.
(b)  The executive commissioner, in cooperation with the Texas Education Agency, shall adopt rules for the mandatory spinal screening of children attending public or private schools.  In adopting rules under this subsection, the executive commissioner shall consider the most recent nationally accepted and peer-reviewed scientific research in determining the appropriate ages for conducting the spinal screening. The department shall coordinate the spinal screening program with any other screening program conducted by the department on those children.
(b-1)  The executive commissioner, in cooperation with the Texas Education Agency, by rule shall develop a process to notify a parent, managing conservator, or guardian of:
(1)  the screening requirement;
(2)  the purposes of and reasons for the screening requirement, including prevention of painful scoliosis correction surgery and medical risks to the child if screening is declined;
(3)  the noninvasive nature of the method used to conduct the screening; and
(4)  the method for declining to comply with the screening requirement through the use of an exemption described by Section 37.002(b).
(c)  The executive commissioner shall adopt substantive and procedural rules necessary to administer screening activities.
(d)  A rule adopted by the executive commissioner under this chapter may not require any expenditure by a school, other than an incidental expense required for certification training for nonhealth practitioners and for notification requirements under Section 37.003.
(e)  The department may coordinate the spinal screening activities of school districts, private schools, state agencies, volunteer organizations, and other entities so that the efforts of each entity are complementary and not duplicative.  The department may provide technical assistance to those entities in developing screening programs and may provide educational and other material to assist local screening activities.
(f)  The department shall monitor the quality of screening activities provided under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.36, eff. Sept. 1, 1997.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0128, eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 336 (H.B. 1076), Sec. 1, eff. September 1, 2017.

Sec. 37.002.  COMPLIANCE WITH SCREENING REQUIREMENTS.  (a)  Each individual required by a department rule to be screened shall undergo approved screening for abnormal spinal curvature.  The individual's parent, managing conservator, or guardian may substitute professional examinations for the screening.
(b)  An individual is exempt from screening if screening conflicts with the tenets and practices of a recognized church or religious denomination of which the individual is an adherent or a member.  To qualify for the exemption, the individual's parent, managing conservator, or guardian must submit to the chief administrator on or before the day of the screening procedure an affidavit stating the objections to screening.
(c)  The chief administrator of each school shall ensure that each individual admitted to the school complies with the screening requirements set by the executive commissioner or submits an affidavit of exemption.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0129, eff. April 2, 2015.

Sec. 37.003.  REPORTS.  (a)  If the screening performed under this chapter indicates that an individual may have abnormal spinal curvature, the individual performing the screening shall fill out a report on a form prescribed by the department.
(b)  The chief administrator of the school shall retain one copy of the report and shall mail one copy to the parent, managing conservator, or guardian of the individual screened.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 37.004.  QUALIFICATIONS OF PERSONS PROVIDING SCREENING.  (a)  The department may train persons who administer the spinal screening procedure and may approve training programs.
(b)  A person who provides screening services authorized by this chapter must be:
(1)  appropriately licensed or certified as a health practitioner;  or
(2)  certified as having completed an approved training program in screening for abnormal spinal curvature.
(c)  A person who provides a professional examination authorized by this chapter for abnormal spinal curvature must be appropriately licensed or certified as a health practitioner.
(d)  It is the intent of the legislature that the department provide certification training for nonhealth practitioners through Texas Education Agency regional education service centers.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.37, eff. Sept. 1, 1997.

Sec. 37.005.  FUNDING.  The department may accept appropriations, donations, and reimbursements and may apply those items to the purposes of this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 37.006.  CONTRACTS.  The department may enter into contracts and agreements necessary to administer this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.