1. (a) Beginning September 1, 1986, all children in grades six and nine attending public and private schools shall be screened for abnormal spinal curvature before the end of the school year. The screening requirements may also be met by a professional examination as defined in §37.142 of this title (relating to Definitions).
2. (b) Beginning September 1, 1986, children not previously screened who are entering the 6th and 9th grades after the scheduled screening has been performed, shall be screened within 120 days of enrollment in the school.
3. (c) The screening requirement for children entering grade six or nine may be met if the child has been screened for spinal deformities during the previous year. Schools may implement a program that includes screening in the 5th and/or 8th grades.
4. (d) The chief administrator of each school shall ensure that every child in grades six or nine complies with the screening requirements or submits an affidavit of exemption. An affidavit shall be signed by the child's parent, managing conservator, or guardian that spinal screening conflicts with the tenets and practices of a recognized church or religious denomination of which the child is an adherent or a member. This affidavit shall be submitted to the school's chief administrator on or before the day of the screening procedure each year the screening is performed, to meet the requirements of the Act. A copy of this affidavit shall be filed in the child's health record.
5. (e) If the spinal screening test indicates that a child may have an abnormal spinal curvature, the individual performing the test shall fill out a report on a form prescribed by the department. The chief administrator of the school shall retain one copy of such report and send the original to the parent(s), managing conservator, or guardian of the child screened. The form shall contain information regarding the results of the screening and shall be accompanied by a letter advising the parent, managing conservator or guardian of his/her responsibility to select an appropriate health practitioner for the examination.
6. (f) A copy of the previously mentioned report shall be filed at the child's school and an entry shall be made in the child's health record. The original is returned with the final diagnosis and the plans for treatment, as indicated.
7. (g) The chief administrator of each school shall monitor the referral process and encourage a professional exam, and may provide information about crippled children's services to families unable to afford private care.
8. (h) A list of children who failed the spinal screening test may be kept to assist in determining whether a professional examination has occurred.
9. (i) Proof of screening shall be provided by an entry in the child's health record stating that the child has undergone screening tests that meet the standards outlined in these sections. Such an entry shall also include the results of screening.
10. (j) Personnel performing screening may maintain a list of children screened for spinal deformities as proof of screening.
11. (k) In cases when a professional examination was performed in lieu of the required screening test, the date, results, name, and title of the professional performing the exam shall be entered in the child's health record.
12. (l) The chief administrator of each school shall ensure that each individual complies with the screening requirements in these sections.
13. (m) Each school shall submit to the department an annual report of spinal screening performed during the school year no later than June 30 of the reporting year. The report shall be submitted by the chief administrator of each school district as specified on a form issued by the department.
14. (n) The child's health record shall be acceptable as proof of screening if such record contains entries of screening results. In such a case, the original or a true and correct copy of that record may be transferred between schools and shall be honored by the governing body of the school upon transfer of a student from another school in Texas or another school within the United States.

Source Note:The provisions of this §37.148 adopted to be effective March 21, 1986, 11 TexReg 1145.