007-13-07 Ark. Code R. § 1
Scoliosis is a lateral curvature of the spine. Eighty-five percent of all cases have an unknown cause and are referred to as "idiopathic scoliosis". This condition can be detected in children during the growth spurt period between the ages of 10 and 15 years. Girls are affected more often than boys. About 2 in 100 people will have a mild form of scoliosis. Scoliosis can be relatively easily detected by performing a 30 second scoliosis screen. If scoliosis is detected early, then treatment can be started before it becomes a physical or emotional disability. These Rules and Regulations provide a method to assure that all school age children shall be screened for scoliosis, and to assure that all children who fail the screening are referred for appropriate medical follow-up.
Act 41 of 1987 as amended by Act 95 of 1989, "An act to protect the health and welfare of Arkansas children by requiring the Department of Health to institute scoliosis screening programs; and for other purposes."
According to Act 41 of 1987, "every public elementary and secondary school in this State and every other institution supported by State funds which provides education to our minor children and all private institutions which provide education to our minor children shall, as soon as possible, institute a continuing scoliosis screening program to be conducted in accordance with regulations promulgated by the State Board of Health." "Schools shall not be required to hire personnel on a full-time, part-time, or consultant basis to conduct the screenings."
The Scoliosis Screening Program shall be conducted in accordance with Rules and Regulations promulgated by the Arkansas State Board of Health.
The Arkansas Department of Health shall provide an Instructor Training Course in Scoliosis Screening. Graduates of this course shall be certified to teach individuals to be screeners.
Screeners shall be licensed physicians, individuals trained by a Certified Scoliosis Screening Instructor to perform scoliosis screening, or individuals who can document completion of a Scoliosis Screening Workshop within the past five years and demonstrate competence to a Certified Scoliosis Screening Instructor. School health personnel, volunteers, and other school employees who are not classroom teachers shall screen if they have been trained in scoliosis screening by a Certified Scoliosis Screening Instructor (CSSI).
Girls shall receive a scoliosis screening in the sixth grade and the eighth grades. Boys shall receive a scoliosis screening in the eighth grade.
The Scoliosis Screening Procedure shall be used as the first stage of screening. If the Scoliosis Screening Procedure indicates positive findings for possible scoliosis, the Scoliometer shall be used as the second stage of screening.
Refer a child with an abnormal screening and/or scoliometer reading of 7° to a licensed physician. It is highly recommended that a child with a scoliometer reading of > 8° be referred to an orthopedist.
A Certified Scoliosis Screening Instructor or School Health Nurse shall contact the parents of a child who fails the screening by letter, telephone call, or in person to:
The School shall provide a Scoliosis Screening Report to the parent to take to the licensed physician.
The School shall schedule students, who were not screened because of absence, within 90 days after the missed screening. Any reason for exclusion from the screening shall be documented. The School shall recontact the parents of students who failed the screening and were referred, but then missed that appointment. This contact shall be made by letter, telephone call, or in person at least one additional time to discuss the importance of follow-up.
The Arkansas Department of Health shall provide an Instructor Training Course in Scoliosis Screening. This workshop shall be designed to teach the principles and proper technique for scoliosis screening. Any graduate of this course shall be a Certified Scoliosis Screening Instructor and is qualified to teach persons to be scoliosis screeners. The certification shall be valid for a period of five years, after which time an update course in Scoliosis Screening shall be required for recertification. Recertification shall be again for a five year period and this cycle shall continue.
The Arkansas Department of Health, the Arkansas Department of Education, and private health care providers shall maintain confidentiality of those individuals screened as authorized by law.
Parental notification shall be done at least seven days prior to screening.
Act 41 of 1987 states that "no child shall be screened if its parent or guardian objects to the screening in writing stating as the basis of the objection that it is contrary to the parent's or guardian's religious beliefs."
The Arkansas Department of Education shall collect statistics on Scoliosis Screening activities in the state. The following information shall be reported annually:
(Note: Each category shall be listed by grades and by sex.)
These findings shall be made available to the Arkansas Department of Health on an annual basis for purposes of program evaluation.
If any provision of these Rules and Regulations, or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of these Rules and Regulations which can give effect without the invalid provisions or applications, and to this end the provisions hereto are declared to be severable.
All Regulations and parts of Regulations in conflict herewith are hereby repealed.
007.13.07 Ark. Code R. § 001