Amended in Assembly March 24, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1667


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 amended, 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 schoolbegin delete,end delete or volunteering in a public schoolbegin insert, except as specifiedend insert. 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 wouldbegin delete delete requirements for followup care when an employee has tested positive for tuberculosis infection, and wouldend delete 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:

P2    1

SECTION 1.  

Section 49406 of the Education Code is amended
2to read:

3

49406.  

(a) (1) Except as provided in subdivision (g), a person
4shall not be initially employed by a school district, or employed
5under contract, in a certificated or classified position unless the
6person has submitted to a tuberculosis risk assessment within the
7past 60 days, and if tuberculosis risk factors are identified, has
8been examined to determine that he or she is free of infectious
9tuberculosis by a physician and surgeon licensed under Chapter 5
10(commencing with Section 2000) of Division 2 of the Business
11and Professions Code or a physician assistant practicing in
12compliance with Chapter 7.7 (commencing with Section 3500) of
13Division 2 of the Business and Professions Code. If no risk factors
14are identified, an examination is not required. The examination
15shall consist of either an approved intradermal tuberculin test or
16any other test for tuberculosis infection that is recommended by
17the federal Centers for Disease Control and Prevention (CDC) and
18licensed by the federal Food and Drug Administration (FDA). If
19the test is positive, the test shall be followed by an X-ray of the
20lungs in accordance with subdivision (f) of Section 120115 of the
21Health and Safety Code.

22(2) The X-ray may be taken by a competent and qualified X-ray
23technician if the X-ray is subsequently interpreted by a physician
24and surgeon licensed under Chapter 5 (commencing with Section
252000) of Division 2 of the Business and Professions Code.

P3    1(3) The district superintendent of schools or his or her designee
2may exempt, for a period not to exceed 60 days following
3termination of the pregnancy, a pregnant employee from the
4requirement that a positive test for tuberculosis infection be
5followed by an X-ray of the lungs.

6(b) Thereafter, an employee who has no identified risk factors
7or who tests negative for the tuberculosis infection shall be required
8to undergo the tuberculosis risk assessment and, if risk factors are
9identified, the examination, at least once each four years or more
10often if directed by the governing board of the school district upon
11recommendation of the local health officer. Once an employee has
12a documented positive test for tuberculosis infection conducted
13pursuant to this subdivision that has been followed by an X-ray,
14the tuberculosis risk assessment is no longer required.begin insert A referral
15shall be made within 30 days of completion of the examination to
16the local health officer to determine the need for followup care.end insert

17(c) After the tuberculosis risk assessment and, if indicated, the
18examination, the employee shall file with the district superintendent
19of schools a certificate from the examining physician and surgeon
20or physician assistant showing the employee was examined and
21found free from infectious tuberculosis. The county board of
22education may require, by rule, that the certificates be filed in the
23office of the county superintendent of schools or maintained in the
24office of the county superintendent of schools if a majority of the
25governing boards of the school districts within the county petition
26the county board of education. A school district, or school districts
27with a common governing board, having an average daily
28attendance of 60,000 or more may elect to maintain the files for
29its employees in that school district.

30(d) As used in this section, “certificate” means a certificate
31signed by the examining physician and surgeon or physician
32assistant practicing in compliance with Chapter 7.7 (commencing
33with Section 3500) of Division 2 of the Business and Professions
34Code or a notice from a public health agency that indicates freedom
35from infectious tuberculosis. The latter, regardless of form, shall
36constitute evidence of compliance with this section.

37(e) Nothing in this section shall prevent the governing board of
38a school district, upon recommendation of the local health officer,
39from establishing a rule requiring a more extensive or more
40frequent physical examination than required by this section. The
P4    1rule shall provide for reimbursement on the same basis as required
2in this section.

3(f) The tuberculosis risk assessment and, if indicated, the
4examination is a condition of initial employment and the expense
5 shall be borne by the applicant unless otherwise provided by rules
6of the governing board of the school district. However, the
7governing board of a school district may, if an applicant is accepted
8for employment, reimburse that person in a like manner prescribed
9in this section for employees.

10(g) The governing board of a school district shall reimburse the
11employee for the cost, if any, of the tuberculosis risk assessment
12and the examination. The governing board of a school district may
13provide for the tuberculosis risk assessment and examination
14required by this section or may establish a reasonable fee for the
15examination that is reimbursable to employees of the school district
16complying with of this section.

17(h) At the discretion of the governing board of a school district,
18this section shall not apply to those employees not requiring
19certification qualifications who are employed for any period of
20time less than a school year whose functions do not require frequent
21or prolonged contact with pupils.

22(i) If the governing board of a school district determines by
23resolution, after hearing, that the health of pupils in the school
24district would not be jeopardized, this section shall not apply to
25an employee of the school district who files an affidavit stating
26that he or she adheres to the faith or teachings of a well-recognized
27religious sect, denomination, or organization and, in accordance
28with its creed, tenets, or principles, depends for healing upon prayer
29in the practice of religion, and that to the best of his or her
30knowledge and belief, he or she is free from infectious tuberculosis.
31If at any time there is probable cause to believe that the affiant is
32afflicted with infectious tuberculosis, he or she may be excluded
33from service until the governing board of the school district is
34satisfied that he or she is not afflicted.

35(j) A person who transfers employment from one school or
36school district to another school or school district shall be deemed
37to meet the requirements of subdivision (a) if that person can
38produce a certificate that shows he or she was found to be free of
39infectious tuberculosis within 60 days of initial hire, or the school
40previously employing the person verifies that the person has a
P5    1certificate on file showing that the person is free from infectious
2tuberculosis.

3(k) A person who transfers his or her employment from a private
4or parochial elementary school, secondary school, or nursery school
5to a school or school district subject to this section shall be deemed
6to meet the requirements of subdivision (a) if that person can
7produce a certificate as provided for in Section 121525 of the
8Health and Safety Code that shows that he or she was found to be
9free of infectious tuberculosis within 60 days of initial hire, or if
10the school previously employing the person verifies that the person
11has a certificate on file showing that the person is free from
12infectious tuberculosis.

13(l) A governing board or county superintendent of schools
14providing for the transportation of pupils under contract authorized
15by Section 39800, 39801, or any other provision of law shall
16require as a condition of the contract the tuberculosis risk
17assessment and, if indicated, the examination for infectious
18tuberculosis within 60 days of initial hire, as provided by
19subdivision (a), of all drivers transporting pupils. begin delete Private contracted
20drivers who transport pupils infrequently without prolonged contact
21shall be excluded from this requirement.end delete
begin insert At the discretion of the
22governing board or county superintendent of schools, this
23paragraph shall not apply to a private contracted driver who
24transports pupils infrequently without prolonged contact with the
25pupils.end insert

26(m) A volunteer in a school shall also be required to have on
27file with the school a certificate showing that, upon initial volunteer
28assignment, the person submitted to a tuberculosis risk assessment
29and, if tuberculosis risk factors were identified, was examined and
30found to be free of infectious tuberculosis. If no risk factors are
31identified, an examination is not required. At the discretion of the
32governing board of a school district, this section shall not apply
33to a volunteer whose functions do not require frequent or prolonged
34contact with pupils.

35

SEC. 2.  

Section 121525 of the Health and Safety Code is
36amended to read:

37

121525.  

(a) Except as provided in Section 121555, a person
38shall not be initially employed, or employed under contract, by a
39private or parochial elementary or secondary school, or any nursery
40school, unless that person produces or has on file with the school
P6    1a certificate showing that within the last 60 days the person has
2 submitted to a tuberculosis risk assessment and, if tuberculosis
3risk factors are identified, has been examined and has been found
4to be free of infectious tuberculosis. If no risk factors are identified,
5 an examination is not required.

6(b) Thereafter, an employee who has no identified risk factors
7or who tests negative for the tuberculosis infection by either the
8tuberculin skin test or any other test for tuberculosis recommended
9by the federal Centers for Disease Control and Prevention (CDC)
10and licensed by the federal Food and Drug Administration (FDA),
11shall be required to undergo the foregoing tuberculosis risk
12assessment and, if risk factors are identified, the examination, at
13least once each four years, or more often if directed by the
14governing authority upon recommendation of the local health
15officer. Once an employee has a documented positive test for the
16tuberculosis infection conducted pursuant to this subdivision, the
17tuberculosis risk assessment is no longer required.begin insert A referral shall
18be made within 30 days of completion of the examination to the
19local health officer to determine the need for followup care.end insert

20(c) At the discretion of the governing authority of a private
21school, this section shall not apply to employees who are employed
22for any period of time less than a school year whose functions do
23not require frequent or prolonged contact with pupils.

24(d) The governing authority of a private school providing for
25the transportation of pupils under authorized contract shall require
26as a condition of the contract that every person transporting pupils
27produce a certificate showing that within the last 60 days the person
28has submitted to a tuberculosis risk assessment, and if tuberculosis
29risk factors are identified, has been examined and has been found
30to be free of infectious tuberculosis begin delete. A private contracted driver
31who transports pupils infrequently without prolonged contact shall
32be excluded from this requirement.end delete
begin insert. At the discretion of the
33governing authority, this section shall not apply to a private
34contracted driver who transports pupils infrequently and without
35prolonged contact with the pupils.end insert

36(e) The examination attested to in the certificate required
37pursuant to subdivision (d) of this section shall be made available
38without charge by the local health officer.

39(f) “Certificate,” as used in this chapter, means a document
40signed by the examining physician and surgeon who is licensed
P7    1under Chapter 5 (commencing with Section 2000) of Division 2
2of the Business and Professions Code, or a notice from a public
3health agency that indicates freedom from infectious tuberculosis.

4(g) Nothing in this section shall prevent the governing authority
5of a private, parochial, or nursery school, upon recommendation
6of the local health officer, from establishing a rule requiring a more
7extensive or more frequent examination than required by this
8section.

9

SEC. 3.  

Section 121535 of the Health and Safety Code is
10amended to read:

11

121535.  

The X-ray may be taken by a competent and qualified
12X-ray technician if the X-ray is subsequently interpreted by a
13licensed physician and surgeon.

14

SEC. 4.  

Section 121545 of the Health and Safety Code is
15amended to read:

16

121545.  

(a) A volunteer in a school subject to this chapter
17shall also be required to have on file with the school a certificate
18showing that, upon initial volunteer assignment, the person
19submitted to a tuberculosis risk assessment, and, if tuberculosis
20risk factors were identified, the person was examined and found
21to be free of infectious tuberculosis. If no risk factors are identified,
22an examination is not required.

23(b) At the discretion of the governing authority of a school
24subject to this chapter this section shall not apply to a volunteer
25whose functions do not require frequent or prolonged contact with
26pupils.

27

SEC. 5.  

Section 121555 of the Health and Safety Code is
28amended to read:

29

121555.  

(a) A person who transfers his or her employment
30from one of the schools specified in subdivision (a) of Section
31121525 to another shall be deemed to meet the requirements of
32subdivision (a) of Section 121525 if the person can produce a
33certificate that shows that he or she was found to be free of
34infectious tuberculosis within 60 days of initial hire, or the school
35previously employing the person verifies that the school has a
36certificate on file showing that the person is free from infectious
37tuberculosis.

38(b) A person who transfers his or her employment from a public
39elementary school or secondary school to any of the schools
40specified in subdivision (a) of Section 121525 shall be deemed to
P8    1meet the requirements of subdivision (a) of Section 121525 if that
2person can produce a certificate as provided for in Section 11708
3of the Education Code that shows that he or she was found to be
4free of infectious tuberculosis within 60 days of initial hire, or if
5the school district previously employing the person verifies that
6the school district has a certificate on file showing that the person
7is free from infectious tuberculosis.

8

SEC. 6.  

If the Commission on State Mandates determines that
9this act contains costs mandated by the state, reimbursement to
10local agencies and school districts for those costs shall be made
11pursuant to Part 7 (commencing with Section 17500) of Division
124 of Title 2 of the Government Code.



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