2005 Texas Health & Safety Code CHAPTER 37. ABNORMAL SPINAL CURVATURE IN CHILDREN

HEALTH & SAFETY CODE

CHAPTER 37. ABNORMAL SPINAL CURVATURE IN CHILDREN


	§ 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, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1997, 75th Leg., ch. 165, § 6.36, eff. Sept. 1, 1997.


	§ 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, § 1, eff. Sept. 1, 1989.                    


	§ 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, § 1, eff. Sept. 1, 1989.                    


	§ 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, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1997, 75th Leg., ch. 165, § 6.37, eff. Sept. 1, 1997.


	§ 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, § 1, eff. Sept. 1, 1989.                    


	§ 37.006. CONTRACTS.  The department may enter into 
contracts and agreements necessary to administer this chapter.

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