Texas Health and Safety Code

§ 37.001 — SCREENING PROGRAM FOR ABNORMAL SPINAL CURVATURE

HS § 37.001Title 2. HEALTH · Part B. HEALTH PROGRAMS · Ch. 37. ABNORMAL SPINAL CURVATURE IN CHILDREN

Statute text

(a)The department, in cooperation with the Texas Education Agency, shall establish a program to detect abnormal spinal curvature in children.

(b)The executive commissioner, in cooperation with the Texas Education Agency, shall adopt rules for the mandatory spinal screening of children attending public or private schools. In adopting rules under this subsection, the executive commissioner shall consider the most recent nationally accepted and peer-reviewed scientific research in determining the appropriate ages for conducting the spinal screening. The department shall coordinate the spinal screening program with any other screening program conducted by the department on those children. (b-1) The executive commissioner, in cooperation with the Texas Education Agency, by rule shall develop a process to notify a parent, managing conservator, or guardian of:

(1)the screening requirement;

(2)the purposes of and reasons for the screening requirement, including prevention of painful scoliosis correction surgery and medical risks to the child if screening is declined;

(3)the noninvasive nature of the method used to conduct the screening; and

(4)the method for declining to comply with the screening requirement through the use of an exemption described by Section 37.002(b).

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Legislative history

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0128, eff. April 2, 2015. Acts 2017, 85th Leg., R.S., Ch. 336 (H.B. 1076), Sec. 1, eff. September 1, 2017.