BILL NUMBER: AB 1667 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Williams
FEBRUARY 12, 2014
An act to amend Section 49406 of the Education Code, and to amend
Sections 121525, 121535, 121545, and 121555 of the Health and Safety
Code, relating to tuberculosis testing.
LEGISLATIVE COUNSEL'S DIGEST
AB 1667, as introduced, Williams. Tuberculosis testing in schools.
Existing law prohibits a person being initially employed by a
school district in a certificated or classified position, or who is
employed or volunteering at a private or parochial school or nursery
school, unless the person has submitted to a tuberculosis examination
within the past 60 days, and requires the person to undergo an
examination to determine that he or she is free of active
tuberculosis at least once every 4 years thereafter. Existing law
requires the governing board of a school district to reimburse the
employee for the cost of the examination.
This bill would instead require a person to submit to a
tuberculosis risk assessment, and if risk factors are identified,
would then require the person to submit to a tuberculosis examination
to determine that the person is free of infectious tuberculosis. The
bill would also make those provisions applicable to persons under
contract in any school, or volunteering in a public school. To the
extent that this bill imposes a new duty on a school district, the
bill would impose a state-mandated local program. The bill would
delete requirements for followup care when an employee has tested
positive for tuberculosis infection, and would make other conforming
and nonsubstantive changes.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 49406 of the Education Code is amended to read:
49406. (a) (1) Except as provided in
subdivision (h), no (g), a person shall
not be initially employed by a school district , or
employed under contract, in a certificated or classified
position unless the person has submitted to an examination
a tuberculosis risk assessment within the past
60 days , and if tuberculosis risk factors are identified, has
been examined to determine that he or she is free of
active tuberculosis, infectious
tuberculosis by a physician and surgeon licensed under Chapter
5 (commencing with Section 2000) of Division 2 of the Business and
Professions Code or a physician assistant practicing in compliance
with Chapter 7.7 (commencing with Section 3500) of Division 2 of the
Business and Professions Code. This If no
risk factors are identified, an examination is not required. The
examination shall consist of either an approved intradermal
tuberculin test or any other test for tuberculosis infection that is
recommended by the federal Centers for Disease Control and Prevention
(CDC) and licensed by the federal Food and Drug Administration
(FDA), which, if (FDA). If the test is
positive, the test shall be followed by an X-ray of the
lungs in accordance with subdivision (f) of Section 120115 of the
Health and Safety Code. The
(2) The X-ray film
may be taken by a competent and qualified X-ray technician
if the X-ray film is subsequently interpreted by a
physician and surgeon licensed under Chapter 5 (commencing with
Section 2000) of Division 2 of the Business and Professions Code.
The
(3) The district superintendent
of schools or his or her designee may exempt, for a period
not to exceed 60 days following termination of the pregnancy, a
pregnant employee from the requirement that a positive
intradermal tuberculin test for tuberculosis infection
be followed by an X-ray of the lungs.
(b) Thereafter, employees who are test an
employee who has no identified risk factors or who tests
negative by either the tuberculin skin test or any other
test for the tuberculosis infection
recommended by the CDC and licensed by the FDA shall be
required to undergo the foregoing
tuberculosis risk assessment and, if risk factors are identified, the
examination , at least once each four years or more
often if directed by the governing board of the school district
upon recommendation of the local health officer for
so long as the employee's test remains negative.
officer. Once an employee has a documented positive test for
tuberculosis infection conducted pursuant to this subdivision
which that has been followed by an
X-ray, the foregoing examination tuberculosis
risk assessment is no longer required, and a referral
shall be made within 30 days of completion of the examination to the
local health officer to determine the need for followup care.
required.
(c) After the tuberculosis risk assessment and, if indicated,
the examination, each the
employee shall cause to be on file with the
district superintendent of schools a certificate from the examining
physician and surgeon or physician assistant showing the employee was
examined and found free from active
infectious tuberculosis. The county board of education may
require, by rule, that all their the
certificates be filed in the office of the county superintendent of
schools or shall require their files be maintained
in the office of the county superintendent of schools if a majority
of the governing boards of the school districts within the
county so petition the county board of
education, except that in either case a district
or education. A school district, or school
districts with a common governing board ,
having an average daily attendance of 60,000 or more may elect to
maintain the files for its employees in that school
district. "Certificate," as used in this section, means a
(d) As used in this section,
"certificate" means a certificate signed by the examining
physician and surgeon or physician assistant practicing in compliance
with Chapter 7.7 (commencing with Section 3500) of Division 2 of the
Business and Professions Code or a notice from a public health
agency or unit of the American Lung Association
that indicates freedom from active infectious
tuberculosis. The latter, regardless of form, shall constitute
evidence of compliance with this section. Nothing
(e) Nothing in this section shall
prevent the governing board of a school district , upon
recommendation of the local health officer, from establishing a rule
requiring a more extensive or more frequent physical examination than
required by this section, but the section.
The rule shall provide for reimbursement on the same basis as
required in this section.
(d) This
(f) The tuberculosis risk assessment
and, if indicated, the examination is a condition of initial
employment and the expense incident thereto shall
be borne by the applicant unless otherwise provided by rules of the
governing board of the school district . However, the
governing board of a school district may, if an
applicant is accepted for employment, reimburse that person in a like
manner prescribed in this section for employees.
(e)
(g) The governing board of each
a school district shall reimburse the employee for the cost,
if any, of this the tuberculosis risk
assessment and the examination. The governing board
of a school district may provide for the tuberculosis
risk assessment and examination required by this section or
may establish a reasonable fee for the examination that is
reimbursable to employees of the school district complying
with the provisions of this section.
(f)
(h) At the discretion of the governing board of a
school district , this section shall not apply to those
employees not requiring certification qualifications who are employed
for any period of time less than a school year whose functions do
not require frequent or prolonged contact with pupils.
The governing board may, however, require an examination described
in subdivision (b) and may, as a contract condition, require the
examination of persons employed under contract, other than those
persons specified in subdivision (a), if the board believes the
presence of these persons in and around school premises would
constitute a health hazard to pupils.
(g)
(i) If the governing board of a school district
determines by resolution, after hearing, that the health of pupils in
the school district would not be jeopardized
thereby , this section shall not apply to any
an employee of the school district
who files an affidavit stating that he or she adheres to the faith or
teachings of any a well-recognized
religious sect, denomination, or organization and , in
accordance with its creed, tenets, or principles , depends
for healing upon prayer in the practice of religion , and
that to the best of his or her knowledge and belief , he
or she is free from active infectious
tuberculosis. If at any time there should be
is probable cause to believe that the affiant is afflicted with
active infectious tuberculosis, he or
she may be excluded from service until the governing board
of the employing district of the school district
is satisfied that he or she is not so afflicted.
(h)
(j) A person who transfers his or her
employment from one school or school district to another
school or school district shall be deemed to meet the
requirements of subdivision (a) if that person can produce a
certificate which that shows
that he or she was examined within the past four
years and was found to be free of communicable
infectious tuberculosis within 60 days of
initial hire , or if it is verified by the
school previously employing him or her the
person verifies that it the person
has a certificate on file which contains that showing.
showing that the person is free from infectious
tuberculosis.
A
(k) A person who transfers his or
her employment from a private or parochial elementary school,
secondary school, or nursery school to a school or school district
subject to this section shall be deemed to meet the requirements of
subdivision (a) if that person can produce a certificate as provided
for in Section 121525 of the Health and Safety Code that shows that
he or she was examined within the past four years and
was found to be free of communicable
infectious tuberculosis within 60 days of initial
hire , or if it is verified by the school
previously employing him or her the person
verifies that it the person has a
certificate on file which contains that showing.
showing that the person is free from infectious tuberculosis.
(i) Any
(l) A governing board or county
superintendent of schools providing for the transportation of pupils
under contract authorized by Section 39800, 39801, or any other
provision of law shall require as a condition of the contract the
tuberculosis risk assessment and, if indicated, the
examination for active tuberculosis,
infectious tuberculosis within 60 days of initial hire,
as provided by subdivision (a), of all drivers transporting
these pupils, provided that private pupils.
Private contracted drivers who transport these
pupils on an infrequent basis, not to exceed once
a month, infrequently without prolonged contact
shall be excluded from this requirement.
(m) A volunteer in a school shall also be required to have on file
with the school a certificate showing that, upon initial volunteer
assignment, the person submitted to a tuberculosis risk assessment
and, if tuberculosis risk factors were identified, was examined and
found to be free of infectious tuberculosis. If no risk factors are
identified, an examination is not required. At the discretion of the
governing board of a school district, this section shall not apply to
a volunteer whose functions do not require frequent or prolonged
contact with pupils.
SEC. 2. Section 121525 of the Health and Safety Code is amended to
read:
121525. (a) Except as provided in Section 121555, no
a person shall not be initially
employed , or employed under contract, by a private or
parochial elementary or secondary school, or any nursery school,
unless that person produces or has on file with the school a
certificate showing that within the last 60 days the person has
submitted to a tuberculosis risk assessment and, if tuberculosis risk
factors are identified, has been examined and has been found
to be free of communicable infectious
tuberculosis. If no risk factors are identified, an examination
is not required.
(b) Thereafter, those employees who are skin test
negative, or negative by an employee who has no
identified risk factors or who tests negative for the tuberculosis
infection by either the tuberculin skin test or any
other test for tuberculosis recommended by the federal Centers for
Disease Control and Prevention (CDC) and licensed by the federal Food
and Drug Administration (FDA), shall be required to undergo the
foregoing examination tuberculosis risk
assessment and, if risk factors are identified, the examination,
at least once each four years, or more often if directed by the
school governing authority upon
recommendation of the local health officer, for so long as
the employee remains test negative by any test for tuberculosis
infection that has been recommended by the CDC and licensed by the
FDA. officer. Once an employee has a documented
positive tuberculin test or any other test for tuberculosis
infection that has been recommended by the CDC and licensed by the
FDA, test for the tuberculosis infection conducted
pursuant to this subdivision, the foregoing
examination tuberculosis risk assessment is no
longer required, and a referral shall be made within 30 days
of completion of the examination to the local health officer to
determine the need for followup care required .
(c) At the discretion of the governing authority of a private
school, this section shall not apply to employees who are employed
for any period of time less than a school year whose functions do not
require frequent or prolonged contact with pupils. The
governing authority may, however, require the examination and may as
a contract condition require the examination of persons employed
under contract if the governing authority believes the presence of
the persons in and around the school premises would constitute a
health hazard to students.
(d) The governing authority of a private school providing for the
transportation of pupils under authorized contract shall require as a
condition of the contract that every person transporting pupils
produce a certificate showing that within the last 60 days the person
has submitted to a tuberculosis risk assessment, and if
tuberculosis risk factors are identified, has been examined and
has been found to be free of communicable
infectious tuberculosis , except that any
. A private contracted driver who transports pupils
on an infrequent basis, not to exceed once a month,
infrequently without prolonged contact shall be
excluded from this requirement.
(e) The examination attested to in the certificate required
pursuant to subdivision (d) of this section shall be made available
without charge by the local health officer.
"Certificate,"
(f) "Certificate," as used in
this chapter, means a document signed by the examining physician and
surgeon who is licensed under Chapter 5 (commencing with Section
2000) of Division 2 of the Business and Professions Code, or a notice
from a public health agency or unit of the Tuberculosis
Association that indicates freedom from active
infectious tuberculosis.
(f)
(g) Nothing in this section shall prevent the governing
authority of a private, parochial, or nursery school, upon
recommendation of the local health officer, from establishing a rule
requiring a more extensive or more frequent examination than required
by this section.
SEC. 3. Section 121535 of the Health and Safety Code is amended to
read:
121535. The X-ray film may be taken by a
competent and qualified X-ray technician if the X-ray film
is subsequently interpreted by a licensed physician and
surgeon.
SEC. 4. Section 121545 of the Health and Safety Code is amended to
read:
121545. (a) All volunteers A volunteer
in schools covered under a school
subject to this chapter shall also be required to have on
file with the school a certificate showing that within the
last four years the person has been examined and has been found to be
, upon initial volunteer assignment, the
person submitted to a tuberculosis risk assessment, and, if
tuberculosis risk factors were identified, the person was examined
and found to be free of communicable
infectious tuberculosis. If no risk factors are
identified, an examination is not required.
(b) At the discretion of the governing authority of a
private school, school subject to this
chapter this section shall not apply to volunteers
a volunteer whose functions do not
necessitate require frequent or prolonged contact
with pupils.
SEC. 5. Section 121555 of the Health and Safety Code is amended to
read:
121555. (a) A person who transfers his or her employment from one
of the schools specified in subdivision (a) of Section 121525 to
another shall be deemed to meet the requirements of subdivision (a)
of Section 121525 if the person can produce a certificate that shows
that he or she was examined within the past four years and
was found to be free of communicable
infectious tuberculosis within 60 days of initial
hire , or if it is verified by the school
previously employing him or her the person
verifies that it the school has a
certificate on file showing that t he person is free
from infectious tuberculosis .
(b) A person who transfers his or her employment from a public
elementary school or secondary school to any of the schools specified
in subdivision (a) of Section 121525 shall be deemed to meet the
requirements of subdivision (a) of Section 121525 if that person can
produce a certificate as provided for in Section 11708 of the
Education Code that shows that he or she was examined within
the past four years and was found to be free of
communicable infectious tuberculosis within
60 days of initial hire , or if it is verified by
the school district previously employing him or
her the person verifies that it
the school district has a certificate on file
showing that the person is free from infectious tuberculosis
.
SEC. 6. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.