|(a) Screening is required, for individuals who attend
a facility, to detect vision disorders. Vision screening conducted
under this subchapter by a person who is not a licensed professional,
as the term is defined in this subchapter, must be conducted following
the national standards set by AAPOS currently found at http://www.aapos.org/terms/conditions/131,
as revised, as they apply to age, verbal ability, ability to cooperate
with screening, allowable methods of screening in different situations,
and referral criteria, with the following exceptions.
(1) For children less than five years of age, refer
for a professional examination when there is a difference of two lines
between passing acuities in either eye.
(2) For children five years of age and older, refer
for a professional examination when screening results indicate visual
acuity of less than 20/30 in either eye (rather than 20/32 as listed
in the AAPOS standards).
(3) In addition to AAPOS' recommendation regarding
photoscreening for children 42 months to five years of age, photoscreening
may be used for any individual (referenced in §37.21 of this
title (relating to Purpose) with disabilities who does not respond
well to other allowable screening methods. A referral to a professional
examination is recommended if the individual fails the photoscreening.
(b) A person who is not a "licensed professional,"
as that term is defined in this subchapter, who conducts vision screening
must be trained and certified as described in §37.27 of this
title (relating to Standards and Requirements for Screening Certification
and Instructor Training).
(c) When a screener makes a referral based on the screening
results under subsection (a) of this section, that referral shall
be to a licensed professional for a professional examination, and
not to a specific individual.
(d) The requirements of this section do not apply when
the individual is already actively under medical care by an appropriate
licensed professional for one or more of the vision problems for which
screening is done under this section. In order to claim this exception,
the individual under the scenarios described at Texas Family Code, §32.003
or, if the individual is a minor, the individual's parent, managing
conservator or legal guardian, must submit documentation from the
licensed professional to the facility. The documentation must be signed
and dated by the licensed professional, and must affirmatively state
that the individual is under active, ongoing medical care from the
licensed professional for specific vision problems as referenced in