(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.
|