(a) Individuals conducting screenings under this subchapter must comply with the following recordkeeping and reporting requirements:
(1) Individuals conducting screenings at the school (and those other than licensed professionals conducting screenings outside of the school) shall document in each child's screening record the specific screening conducted, the date the screening was conducted, observations made during the screening, and the final results of the screening. The individual shall also ensure that the following are included in the documentation: the name of the child and age or birthdate of the child. The documentation required under this subsection must also be signed and dated by the person who conducted the screening. For the purposes of this subchapter, electronic signatures and dates are also acceptable.
(2) Individuals conducting screenings at a school (and those other than licensed professionals conducting screening outside of the school) shall submit the documentation referenced in this subsection to the school at the time of that screening.
(3) Individuals must submit documentation to the department related to certifications and refresher courses, as specified in §37.146 of this title (relating to Standards and Requirements for Screening Certification and Instructor Training).
(b) Schools must comply with the following recordkeeping and reporting requirements:
(1) Each school shall maintain spinal screening records under this section onsite for at least two years.
(2) A school must maintain screening records regarding any individual claiming the exemptions found in §37.143(c) of this title (relating to Spinal Screening Procedures).
(3) Spinal screening records are transferrable between schools without the consent of the individual or, if the individual is a minor, the minor's parent, managing conservator, or legal guardian.
(4) The recordkeeping required in this section must be made available to the department in a timely manner upon request. The department may, directly or through its authorized representative, enter a school and inspect records maintained relating to spinal screening.
(5) On or before June 30 of each year, each school shall submit to the department a complete and accurate annual report on the spinal screening status of its aggregate population screened during the reporting year. Schools shall report in the manner specified by the department (currently found at http://chrstx.dshs.state.tx.us). Schools are required to report on the following categories:
(A) grade screened;
(B) number screened under prior treatment;
(C) total number screened;
(D) total number rescreened;
(E) total number abnormal findings;
(F) number abnormal findings diagnosed by a physician as "normal;"
(G) number abnormal findings diagnosed with scoliosis by a physician;
(H) number abnormal findings diagnosed with kyphosis by a physician;
(I) number abnormal findings diagnosed with another type of abnormal curvature by a physician;
(J) number receiving a physician's treatment plan of observation;
(K) number receiving a physician's treatment plan of orthosis bracing;
(L) number receiving a physician's treatment plan of surgery;
(M) number receiving a physician's treatment plan not indicated in subparagraphs (J) - (L) of this paragraph; and
(N) number for whom a physician's treatment plan was unavailable.
(c) All correspondence shall be submitted to the department under this subchapter, with the following contact information (unless otherwise specified): Vision, Hearing and Spinal Screening Program, Department of State Health Services, P.O. Box 149347, Austin, Texas 78714-9347.
Source Note: The provisions of this §37.145 adopted to be effective January 12, 2015, 40 TexReg 238; amended to be effective January 1, 2018, 42 TexReg 6928