The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise:

1. (1) Act--The Texas Radiation Control Act, Health and Safety Code, Chapter 401.
2. (2) American National Standards Institute, Inc. (ANSI)--The national coordinator of voluntary standards development and the United States clearinghouse for information on national and international standards.
3. (3) Audiometer--An electrical device for testing hearing, and for measuring bone and air conduction of sound.
4. (4) Audiometric calibration equipment--Electro-acoustical equipment used to calibrate audiometers and audiometric testing devices. It also includes frequency counters, voltmeters, and distortion measuring equipment used to calibrate audiometers and audiometric testing devices.
5. (5) Audiometric testing device--An electro-acoustical generator that provides acoustic energy of a calibrated output.
6. (6) Biological calibration check--The process of testing a person having a known, stable audiometric curve that does not exceed 25 dB hearing level at any frequency between 250 and 6000 hertz, and comparing the test results with the subject's known baseline audiogram.
7. (7) Calibration--The process of comparing an instrument or device with a standard to determine its accuracy and to make the necessary repairs or adjustments to assure that the operating characteristics are within the allowable limits established by a national standard or the manufacturer's specifications.
8. (8) Certification--The process by which the Texas Department of Health trains screeners and instructors of screeners to use the currently approved screening procedure for conducting vision and hearing screening.
9. (9) Decibel (dB)--A unit for expressing the relative intensity of sounds on a scale from zero for the average least perceptible sound to approximately 130 for the average pain level.
10. (10) Department--The Texas Department of Health.
11. (11) Exhaustive calibration--A calibration that tests all settings for both earphones.
12. (12) Extended recheck--An optional screen to be used after the student has failed two sweep-check screens. The screen may be conducted immediately after the second sweep-check screen.

13. (13) Facility--Includes the following public, private, parochial, or denominational entities:

    1. (A) schools;
    2. (B) child care centers licensed by the Department of Family and Protective Services; and
    3. (C) child care homes licensed by the Department of Family and Protective Services.
14. (14) Hertz (Hz)--A unit of frequency equal to one cycle per second.

15. (15) Licensed professional--An individual:

    1. (A) whose legally defined scope of practice includes the area for which the screening is conducted; and
    2. (B) who uses department-approved techniques or professional practice standards for the screening.
16. (16) Professional examination (also referred to as examination)--A diagnostic evaluation performed by an appropriately licensed professional or, if no license exists in this state, by a certified or sanctioned individual whose expertise addresses the diagnostic needs of the individual identified as having a possible special senses or communication disorder.
17. (17) Program--The Texas Department of Health's Vision and Hearing Screening Program.

18. (18) Radiation--One or more of the following:

    1. (A) gamma and x rays, alpha and beta particles, and other atomic or nuclear particles or rays;
    2. (B) stimulated emission of radiation from any electronic device to such energy density levels as to reasonably cause bodily harm; or
    3. (C) any sonic, ultrasonic, or infrasonic waves (acoustic radiation) emitted from an electronic device or resulting from the operation of an electronic circuit in an electronic device in the energy range to reasonably cause detectable bodily harm.
19. (19) Reporting year--A 12-month period beginning June 1 of each year and ending May 31 of the following year.
20. (20) School--An educational institution that admits children who are five years of age or older but less than 21 years of age.
21. (21) Screeners--Licensed professionals or individuals certified by the department to conduct vision and/or hearing screening.
22. (22) Screening--A test or battery of tests for the determination of the need for a professional examination.
23. (23) Screening equipment--An instrument or device used to perform a measurement or measurements for the assessment of sensory abilities.
24. (24) Sweep-check hearing screening test (sweep-check)--A quick test using a pure-tone audiometer to determine whether a person can hear the following frequencies: 1000 hertz, 2000 hertz, and 4000 hertz at less than or equal to 25 decibels.
25. (25) Testing equipment--An instrument or device used to perform a measurement or measurements to substantiate or verify the presence or absence of sensory impairment(s).
26. (26) Tests--Procedures to measure special senses and communication functions.
27. (27) Visual acuity--The relative ability of the visual organ to resolve detail that is measured and recorded using an internationally recognized, two-figured indicator, such as 20/20.

Source Note:The provisions of this §37.22 adopted to be effective August 1, 2004, 29 TexReg 3791.