85R13863 JG-D
 
  By: Oliverson, Howard, Sheffield, Meyer, H.B. No. 1076
      VanDeaver, et al.
 
 
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.