(a) Individuals who conduct vision and/or hearing screening must be certified under this section unless the screening is conducted by a licensed professional. There are two options for obtaining this certification: a certificate issued directly by the department; or a certificate issued by an instructor who has been trained and authorized by the department to issue certificates. There is no cost to taking the course in either scenario.
  (1) The department offers certification courses, and issues certificates to those who successfully complete them. To be eligible to take the department's certification course, an individual must be a high school graduate and sign a written statement to that effect at the beginning of the course. Individuals who successfully complete the course, including passing the associated tests, will be issued a certificate by the department.
  (2) The department trains instructors who themselves give certification courses, as described in this section. The eligibility requirement to attend such a course is the same as is described at paragraph (1) of this subsection. Individuals who successfully complete the course, including passing the associated tests, will be issued a certificate signed by the authorized instructor. It will have the same validity, and is subject to the same restrictions, as a certificate issued under paragraph (1) of this subsection.
(b) Screening certificates issued under this section are subject to the following requirements.
  (1) Individuals who receive a certificate are authorized to conduct vision and/or hearing screening (as applicable to the course taken, and as listed on the certificate) in accordance with this subchapter. Certified screeners are required to comply with this subchapter, and failure to do so is grounds for the modification, suspension and/or revocation of the certification as provided in this section.
  (2) Individuals using a photoscreener for vision screening must have successfully completed instrument-specific training (including passing all associated tests) in accordance with manufacturer guidelines and must have a full understanding of the pass/fail referral criteria in accordance with AAPOS standards. Individuals conducting photoscreening must also have a current screening certificate under subsection (a)(1) or (2) of this section. Documentation of the photoscreening training must be submitted to the instructor upon attendance at a certification class and include the date and location the training was taken, and the name, affiliation and contact information of the instructor. The individual must successfully complete instrument-specific refresher training (including passing any associated tests) every five years. Such refresher training must be completed during the fifth year of certification from the date the preceding certificate was issued.
  (3) Individuals using a telebinocular instrument for vision screening must be familiar with the instrument in accordance with manufacturer guidelines and must have a full understanding of the pass/fail referral criteria. Individuals conducting telebinocular screening must also have a current screening certificate under subsection (a)(1) or (2) of this section.
  (4) Screening certification under this section allows the individual to screen children for vision and/or hearing problems (as applicable to the course taken, and as listed on the certificate) under this subchapter for a period of five years, with renewals processed as described in paragraph (5) of this subsection.
  (5) Screening certification may be renewed by attending a department-approved refresher training course (either offered directly by the department or by an instructor authorized under this section). The refresher training course must be completed during the fifth year of certification from the date the preceding certificate was issued. Once a refresher training course is successfully completed, the five-year cycle begins again. If certification is not renewed within the required time period, the individual must attend the basic certification training course (i.e., a refresher course will not be sufficient).
  (6) When the department receives information from any source that indicates a screener has not been following the requirements of this subchapter, the department may modify, suspend, or revoke the certification. The department will send a notice to the affected individual as part of any such action being taken.
  (7) The affected individual has 20 days after receiving the notice, referenced in this paragraph, to request a hearing on the proposed action. It is a rebuttable presumption that a notice is received five days after the date of the notice. Unless the notice letter specifies an alternative method, a request for a hearing shall be made in writing, and mailed or hand-delivered to the program at the address specified in §37.26(d) of this title (relating to Recordkeeping and Reporting). If an individual who is offered the opportunity for a hearing does not request a hearing within the prescribed time for making such a request, the individual is deemed to have waived the hearing and the action may be taken.
  (8) Appeals and administrative hearings will be conducted in accordance with the department's fair hearing rules, at §§1.51 - 1.55 of this title (relating to Fair Hearing Procedures).
(c) Individuals who successfully complete a department instructor training course, including all associated testing, are authorized to conduct screening trainings and issue screening certificates to individuals who successfully complete the screening training (including all associated testing), subject to the requirements of this section. Instructors may not charge any kind of fees for their activities under this section.
  (1) Individuals wishing to take the instructor course must first meet the following qualifications:
    (A) have a current, valid department screening certification, and have experience performing screenings under that certificate;
    (B) have experience conducting trainings to groups of adults; and
    (C) be an audiologist, speech pathologist, optometrist, ophthalmologist or a registered nurse and must have the applicable Texas license, current and in good standing under Texas law.
  (2) Department authorization for instructors to conduct trainings is valid for five years from the date certification was issued. The individual must successfully complete a department-approved instructor training refresher course (including passing any associated tests) and submit documentation of successful completion to the department within 30 days of completion of the course. Such refresher training must be completed during the fifth year of certification from the date the preceding certificate was issued. Failure to comply with these requirements, by the deadline given, means that the individual must then attend the basic instructor training course (i.e., a refresher course will not be sufficient).
  (3) Once authorized by the department to conduct trainings, instructors must do so using training materials obtained from the department.
  (4) All proposed screening training sessions must be approved by the department at least 15 working days prior to the training session. The instructor must provide all information sought by the department, by the deadlines given.
  (5) Instructors in good standing under this section may teach screening refresher courses as described in subsection (b)(5) of this section. Such refresher courses are subject to the same requirements under this section as those pertaining to initial screening courses.
  (6) When a department-authorized instructor issues a certificate of vision and/or hearing screening, the instructor has 14 days to submit the attendance sheets, evaluations and the tear-off portion of the department's certification, and the photoscreening certificate, if applicable, to the department. These original documents should be submitted to the program at the address found at §37.26(d) of this title. The instructor should maintain a copy.
  (7) When the department receives information from any source that indicates a screening instructor has not been following the requirements of this subchapter, the department may modify, suspend, or revoke the certification. The department will send a notice to the affected individual as part of any such action being taken.
  (8) The affected individual has 20 days after receiving the notice, referenced in paragraph (7) of this subsection, to request a hearing on the proposed action. It is a rebuttable presumption that a notice is received five days after the date of the notice. Unless the notice letter specifies an alternative method, a request for a hearing shall be made in writing, and mailed or hand-delivered to the program at the address specified in §37.26(d) of this title. If an individual who is offered the opportunity for a hearing does not request a hearing within the prescribed time for making such a request, the individual is deemed to have waived the hearing and the action may be taken.
  (9) Appeals and administrative hearings will be conducted in accordance with the department's fair hearing rules at §§1.51 - 1.55 of this title.

Source Note: The provisions of this §37.27 adopted to be effective August 17, 2014, 39 TexReg 6055