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

1. (1) Abnormal spinal curvature--An anatomic, structural deviation from the normal spinal curve, such as scoliosis or kyphosis.
2. (2) Child's health record--The official individual student health record(s) maintained by a school for a child.
3. (3) Conflict of interest--The use of the screening process for solicitation of follow-up services which enable the individual, his/her immediate family members or professional associates to benefit financially, or earn favors or free publicity as a result of the screening process.
4. (4) Department--The Department of State Health Services.
5. (5) Forward-bend test--A screening procedure approved by the department to determine whether a child may have an abnormal spinal curvature.
6. (6) Health practitioner--A licensed professional who has completed a course of study in physical assessment and who is appropriately licensed under state law, including physicians, chiropractors, physical therapists, and registered nurses.
7. (7) Non-health practitioner--A person who may or may not have a health background, or whose training has not included physical assessment skills and techniques, which generally includes teachers, coaches, athletic trainers, licensed vocational nurses, health assistants, parents, and volunteers.
8. (8) Professional examination--An evaluation performed by a health practitioner licensed under state law and whose expertise addresses the diagnostic needs of the individual identified as having a possible spinal deformity.
9. (9) School--An educational institution that admits children who are between five-21 years of age, which includes an individual school campus.
10. (10) Screener--An adult, non-student who performs the spinal screening test in a school setting. Screeners may be health practitioners who are licensed under state law or non-health practitioners who have successfully completed a department-approved course in spinal screening.
11. (11) Screener certification--Department-approved training which qualifies the individual to receive a certificate stating that the person may perform spinal screening.
12. (12) Screener recertification--A department-approved review course for screeners to extend their certification for an additional five years.
13. (13) Screening--The forward-bend test, which is used for the determination of the need for a professional examination to diagnose a spinal deformity.
14. (14) Trainer certification--A department-approved course which qualifies the individual to receive a certificate stating the person may teach the screener certification course.
15. (15) Trainer--Individuals, including department staff and those health practitioners appropriately licensed under state law, who have successfully completed the department approved trainer certification course, and have at least two years of experience conducting spinal screening in a school-setting.

Source Note:The provisions of this §37.142 adopted to be effective March 21, 1986, 11 TexReg 1145; amended to be effective August 1, 2002, 27 TexReg 3157; amended to be effective September 17, 2008, 33 TexReg 7747.