CHAPTER 37. ABNORMAL SPINAL CURVATURE IN CHILDREN - Texas Statutes

HEALTH AND SAFETY CODE

TITLE 2. HEALTH

SUBTITLE B. TEXAS DEPARTMENT OF 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 board, in cooperation with the Texas Education Agency,

shall adopt rules for the mandatory spinal screening of children

in grades 6 and 9 attending public or private schools. The

department shall coordinate the spinal screening program with any

other screening program conducted by the department on those

children.

(c) The board shall adopt substantive and procedural rules

necessary to administer screening activities.

(d) A rule adopted by the board 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.

Sec. 37.002. COMPLIANCE WITH SCREENING REQUIREMENTS. (a) Each

individual required by board 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 board or submits an affidavit

of exemption.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

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.