| (a) Individuals who conduct spinal screening must be
certified under this section unless the screening is conducted by
a licensed professional. There are two options for obtaining this
certification:
(1) a certificate issued directly by the department;
or
(2) a certificate issued by an instructor who has been
trained and authorized by the department to issue certificates.
(b) The department offers certification courses, and
issues certificates to those who successfully complete them. To be
eligible to take the department's certification course, you 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.
(c) The department trains instructors who themselves
give screener certification courses, as described in this section.
The eligibility requirement to attend such a course is the same as
is described in subsection (b) of this section. 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 subsection (b) of this section.
(d) Screening certificates issued under this section
are subject to the following requirements.
(1) Individuals who receive a certificate are authorized
to conduct spinal 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) Screening certification under this section allows
the individual to screen children for abnormal spinal curvature (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 (3) of this subsection.
(3) 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).
(4) 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.
(5) The affected individual has 20 days after receiving
the notice, referenced in paragraph (4) 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 §37.145(c) 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.
(6) Appeals and administrative hearings will be conducted
in accordance with the department's fair hearing rules in §§1.51
- 1.55 of this title (relating to Fair Hearing Procedures).
(e) Individuals who successfully complete a department
instructor training course 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. Individuals wishing to take the
instructor course must first meet the following qualifications:
(1) have experience conducting trainings to groups
of adults; and
(2) be physicians, chiropractors, physical therapists,
or registered nurses, and must have the applicable Texas license,
current and in good standing under Texas law.
(f) Department authorization for instructors to conduct
trainings is valid until December 31st of the fifth year from the
date certification was issued. The individual must successfully update
their instructor status with the department by submitting an updated
instructor application within 30 days of December 31st of the fifth
year from the date the preceding certificate was issued. It is the
responsibility of the individual to request an instructor application
from the department. The department will issue a renewed certification
following the receipt of a complete instructor application. Failure
to comply with these requirements, by the deadline given, means that
the individual must then attend the initial instructor training course.
The department will notify spinal screening instructors of new or
updated education required by the department and where it is available.
(g) Once authorized by the department to conduct trainings,
instructors must do so using training materials obtained from the
department.
(h) 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.
(i) Instructors in good standing under this section
may teach screening refresher courses as described in subsection (d)(3)
of this section. Such refresher courses are subject to the same requirements
under this section as those pertaining to initial screening courses.
(j) When a department-authorized instructor issues
a certificate of spinal screening, the instructor has 14 days to submit
the participant rosters and evaluations to the department. These original
documents should be submitted to the program at the address found
in §37.145(c) of this title. The instructor should maintain a
copy.
(k) 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.
(l) The affected individual has 20 days after receiving
the notice, referenced in subsection (k) of this section, 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 §37.145(c) 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.
(m) Appeals and administrative hearings will be conducted
in accordance with the department's fair hearing rules in §§1.51
- 1.55 of this title.
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