1. (a) A screener working in a facility must be certified by the Department of State Health Services (DSHS) unless the screener is a provider. Training for screeners is provided either directly by DSHS or by instructors authorized by DSHS to issue certificates. There is no fee for taking the course in either case.

   1. (1) DSHS provides training and issues certificates when the course is completed. To join, participants must have a high school diploma or equivalent and sign a form at the start of the course. Individuals who finish the training and pass the tests will receive a certificate from DSHS to conduct screenings.
   2. (2) The training and certification described in this subchapter are not intended for staff in medical offices or students in medical, nursing, or other training programs. Individuals who do not screen children in facilities as defined in this subchapter are neither eligible nor required to be trained and certified by DSHS.

2. (b) Holders of certificates issued as described in this section must follow these requirements.

   1. (1) Certificate holders may conduct the type of screening listed on the certificate. Certificate holders must follow all the rules in this subchapter, and failure to do so may lead to modifications, suspension, or cancellation of the certificate.
   2. (2) If a screener uses an instrument-based vision screening device, the screener must follow the manufacturer's instructions. The screener also requires a current DSHS screening certificate as described in subsection (a) of this section.
   3. (3) A DSHS screening certificate described in this section is valid for five years. Renewing a certificate is explained in paragraph (4) of this subsection.
   4. (4) To renew a screening certificate, an individual must attend a recertification course either offered directly by DSHS, or approved by DSHS and provided by an external instructor before the certificate expires. If an individual does not complete the recertification within five years, the individual must take the complete certification training course again.
   5. (5) DSHS may change, suspend, or cancel a certificate. DSHS will provide notice to the affected screener of any action being taken if DSHS receives information that the screener has not followed the rules in this subchapter.
   6. (6) If a screener receives a notice of action, the screener has 20 business days to request a hearing. DSHS assumes the notice is received five days after being postmarked. Unless the notice specifies another method, the hearing request must be in writing and mailed or hand-delivered to the program at Vision, Hearing, and Spinal Screening Program, Department of State Health Services, Mail Code 1818, P.O. Box 149347, Austin, TX 78714-9347. If the request is not received or postmarked within 25 business days from the notice date, the screener waives the right to a hearing and DSHS may proceed with the action.
   7. (7) Appeals and administrative hearings follow DSHS fair hearing rules in §§1.51 - 1.55 of this title (relating to Fair Hearing Procedures).

3. (c) DSHS may train individuals to become DSHS-authorized external instructors. These external instructors may train and certify individuals who screen children in facilities. Instructors may not charge fees for these activities.

   1. (1) An individual who wants to become an external instructor must apply and meet the following requirements:

      1. (A) the applicant has a valid DSHS screening certificate and has experience performing screenings; and
      2. (B) the applicant has experience training groups of adults.
      3. (C) An individual who meets the qualifications in subsection (c)(1)(A) - (B) of this section may submit an external instructor application, available on the DSHS website. DSHS will grant or deny the request based on the qualifications described in subsection (c)(1)(A) - (B) of this section and the external instructor manual located on the DSHS website.
   2. (2) DSHS prioritizes applications from facilities and areas with a high training need.External instructors must hold at least one training session for each type of screening every year to stay certified. The training may be either basic training or recertification training. For example, an external instructor may meet the training requirement for the year by conducting a basic training for hearing screening and a recertification training for vision screening.
   3. (3) The DSHS external instructor certificate lasts for five years. To renew an external instructor certificate, an individual must complete an instructor recertification course before the current certificate expires. If an individual does not recertify within the required time period, the individual must take the complete training course again. DSHS may not renew an external instructor's certificate if DSHS confirms the individual did not fulfill all requirements during the previous certification period.
   4. (4) DSHS-authorized external instructors must use the approved training materials from DSHS and follow all requirements and expectations listed in the instructor training manual.
   5. (5) Instructors who have a valid certification may also teach courses for screener recertification. Instructors must make sure the individuals signing up for these recertification courses are eligible. Instructors must follow all the rules for these recertification courses.
   6. (6) External instructors must turn in all documentation listed in the external instructor training manual in the specified manner and timeframe. Instructors must keep a copy of all records for five years.
   7. (7) External instructors may certify or recertify screeners but cannot certify instructors.
   8. (8) External instructors must follow all DSHS guidelines in the external instructor training manual, including rules about class size and duration, course and instructor evaluations, and testing. The manual also explains what happens if external instructors do not follow these rules.
   9. (9) External instructors must follow all instructions given in the vision or hearing screening manuals, or both, which can be found on the DSHS website.
   10. (10) External instructors may be audited or observed by DSHS at any time for quality checks without notice or permission.
   11. (11) If DSHS gets any information that an external instructor has not followed the rules described in this subchapter, DSHS may modify, suspend, or cancel the certification. DSHS will notify the instructor about any proposed actions.
   12. (12) DSHS will inform facilities or school districts when an external instructor fails to follow all the rules, instructions, policies, and manuals in this subchapter. If the instructor continues to not follow the rules, the instructor's certificate may be canceled.
   13. (13) The instructor has 20 business days after receiving the notice to request a hearing about the proposed action. The notice is considered received five business days after being postmarked. Unless the notice states otherwise, the request for a hearing must be written and mailed or hand-delivered to the address described in subsection (b)(6) of this section. If the request for a hearing is not received or postmarked within 25 business days from the date the notice was sent, the instructor waives the right to a hearing and DSHS may take action.
   14. (14) Screeners trained by a former external instructor with a revoked certificate will not be certified by DSHS.
   15. (15) Appeals and administrative hearings follow DSHS fair hearing rules described in §§1.51 - 1.55 of this title (relating to Fair Hearing Procedures).

Source Note:The provisions of this §37.27 adopted to be effective August 17, 2014, 39 TexReg 6055; amended to be effective February 9, 2026, 51 TexReg 732.