85R13863 JG-D
By: Oliverson, Howard, Sheffield, Meyer, H.B. No. 1076
VanDeaver, et al.
Substitute the following for H.B. No. 1076:
By: Huberty C.S.H.B. No. 1076
A BILL TO BE ENTITLED
AN ACT
relating to the mandatory spinal screening of public and private
school students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.001, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsection (b-1) to
read as follows:
(b) The executive commissioner, in cooperation with the
Texas Education Agency, shall adopt rules for the mandatory spinal
screening of children [in grades 6 and 9] attending public or
private schools. In adopting rules under this subsection, the
executive commissioner shall consider the most recent nationally
accepted and peer-reviewed scientific research in determining the
appropriate ages for conducting the spinal screening. The
department shall coordinate the spinal screening program with any
other screening program conducted by the department on those
children.
(b-1) The executive commissioner, in cooperation with the
Texas Education Agency, by rule shall develop a process to notify a
parent, managing conservator, or guardian of:
(1) the screening requirement;
(2) the purposes of and reasons for the screening
requirement, including prevention of painful scoliosis correction
surgery and medical risks to the child if screening is declined;
(3) the noninvasive nature of the method used to
conduct the screening; and
(4) the method for declining to comply with the
screening requirement through the use of an exemption described by
Section 37.002(b).
SECTION 2. (a) The executive commissioner of the Health and
Human Services Commission shall adopt rules under Section 37.001,
Health and Safety Code, as amended by this Act, not later than
January 1, 2018.
(b) This Act applies beginning with the 2018-2019 school
year.
SECTION 3. This Act takes effect September 1, 2017.