(a) Individuals conducting screenings under this subchapter must comply with the following recordkeeping and reporting requirements.
  (1) Individuals conducting screenings at the facility (and those other than licensed professionals conducting screenings outside of the facility) 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, age or birthdate of the child, and whether the child is wearing corrective lenses during the vision screening. The documentation required under this subsection must also be signed and dated by the person who conducted the screening.
  (2) Individuals using photoscreening for vision screening must comply with the recordkeeping and reporting requirements detailed at §37.27(b)(2) of this title (relating to Standards and Requirements for Screening Certification and Instructor Training). Additionally, prior to conducting photoscreening at a facility, the individual must submit copies of these same documents to that facility in addition to the documents which must be submitted under subsection (b)(3) of this section.
  (3) Individuals using a telebinocular instrument for vision screening must comply with the recordkeeping and reporting requirements detailed at §37.27(b)(3) of this title. Additionally, prior to conducting telebinocular screening at a facility, the individual must submit copies of these same documents to that facility.
  (4) Individuals conducting screenings at a facility (and those other than licensed professionals conducting screening outside of the facility) shall submit the documentation referenced in paragraph (1) of this subsection to the facility at the time of that screening.
  (5) Individuals must submit documentation to the department related to certifications and refresher courses, as specified in §37.27 of this title.
(b) Facilities must comply with the following recordkeeping and reporting requirements.
  (1) Each facility shall maintain vision and hearing screening records under this section onsite for at least two years.
  (2) A facility must maintain screening records regarding any individual claiming the exemptions found in §37.23(d) of this title (relating to Vision Screening) and/or §37.24(j) of this title (relating to Hearing Screening) for at least two years.
  (3) A facility shall maintain the records it receives from screeners under subsection (a)(2) of this section, related to the use of photoscreening for vision screening at the facility for at least two years.
  (4) An individual's screening records may be transferred among facilities without the consent of the individual under the scenarios described at Texas Family Code, §32.003 or, if the individual is a minor, the minor's parent, managing conservator, or legal guardian, pursuant to Texas Health and Safety Code, §36.006(c).
  (5) 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 facility and inspect records maintained relating to vision and hearing screening.
  (6) On or before June 30 of each year, each facility shall submit to the department a complete and accurate annual report on the vision and hearing screening status of its aggregate population screened during the reporting year. Facilities shall report in the manner specified by the department (currently found at http://chrstx.dshs.state.tx.us). Facilities are required to report on the following categories.
    (A) For hearing screening--The total number screened: the number who failed; the number referred for professional examination; the number transferred out of the facility prior to the facility receiving the professional examination results; professional examination results indicating none of the disorders present which are screened for under this section; professional examination results indicating a disorder(s) which is screened for under this section; and referral for a professional examination with no indication that a professional examination was ever done.
    (B) For vision screening--The total number screened; the total number screened with correction (e.g. glasses or contacts); the total number screened with photoscreening; the number who failed; the number referred for professional examination; the number transferred out of the facility prior to the facility receiving the professional examination results; professional examination results indicating none of the disorders present which are screened for under this section; professional examination results indicating a disorder(s) which is screened for under this section; and referral for a professional examination with no indication that a professional examination was ever done. The "total number screened" includes the number screened with telebinocular screening.
(c) There are additional recordkeeping requirements in §37.28(f) and (g) of this title (relating to Hearing Screening Equipment Standards and Requirements) for individuals or entities who own and/or use audiometers and audiometric screening equipment.
(d) For all submissions to the department under this subchapter, use the following contact information (unless otherwise specified): Vision, Hearing and Spinal Screening Program, Department of State Health Services, Mail Code 1978, P.O. Box 149347, Austin, Texas 78714-9347.

Source Note: The provisions of this §37.26 adopted to be effective August 17, 2014, 39 TexReg 6055