(a) Screening is required, for individuals who attend a facility, to detect vision disorders. Vision screening conducted under this subchapter by a person who is not a licensed professional, as the term is defined in this subchapter, must be conducted following the national standards set by AAPOS currently found at http://www.aapos.org/terms/conditions/131, as revised, as they apply to age, verbal ability, ability to cooperate with screening, allowable methods of screening in different situations, and referral criteria, with the following exceptions.
  (1) For children less than five years of age, refer for a professional examination when there is a difference of two lines between passing acuities in either eye.
  (2) For children five years of age and older, refer for a professional examination when screening results indicate visual acuity of less than 20/30 in either eye (rather than 20/32 as listed in the AAPOS standards).
  (3) In addition to AAPOS' recommendation regarding photoscreening for children 42 months to five years of age, photoscreening may be used for any individual (referenced in §37.21 of this title (relating to Purpose) with disabilities who does not respond well to other allowable screening methods. A referral to a professional examination is recommended if the individual fails the photoscreening.
(b) A person who is not a "licensed professional," as that term is defined in this subchapter, who conducts vision screening must be trained and certified as described in §37.27 of this title (relating to Standards and Requirements for Screening Certification and Instructor Training).
(c) When a screener makes a referral based on the screening results under subsection (a) of this section, that referral shall be to a licensed professional for a professional examination, and not to a specific individual.
(d) The requirements of this section do not apply when the individual is already actively under medical care by an appropriate licensed professional for one or more of the vision problems for which screening is done under this section. In order to claim this exception, the individual under the scenarios described at Texas Family Code, §32.003 or, if the individual is a minor, the individual's parent, managing conservator or legal guardian, must submit documentation from the licensed professional to the facility. The documentation must be signed and dated by the licensed professional, and must affirmatively state that the individual is under active, ongoing medical care from the licensed professional for specific vision problems as referenced in this subsection.

Source Note: The provisions of this §37.23 adopted to be effective August 17, 2014, 39 TexReg 6055