BILL NUMBER: AB 1667 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 9, 2014
AMENDED IN ASSEMBLY MAY 23, 2014
AMENDED IN ASSEMBLY APRIL 2, 2014
AMENDED IN ASSEMBLY MARCH 24, 2014
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 by a physician and surgeon or a physician assistant,
as specified, 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 allow a person who is subject to
these requirements to take an examination instead of submitting to a
tuberculosis risk assessment, as specified. The bill would also
make those provisions applicable to persons under contract in any
school or volunteering in a public school, except as specified.
The
The bill would require the State Department of Public
Health, in consultation with the California Tuberculosis Controllers
Association, to develop a risk assessment questionnaire, to be
administered by a health care provider, to conduct the tuberculosis
risk assessments. 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 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) (A) Except as provided in
subdivision (g), (j), 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 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 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. If no risk factors are identified, an
examination is not required. The examination
A person who is subject to the requirements of this subdivision may
take an examination that complies with subparagraph (B) instead of
submitting to a tuberculosis risk assessment.
(B) The examination required
by this subdivision 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). 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.
(2) The X-ray may be taken by a competent and qualified X-ray
technician if the X-ray 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.
(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 test for tuberculosis infection be followed by an X-ray of
the lungs.
(b) Thereafter, an employee who has no identified risk factors or
who tests negative for the tuberculosis infection shall be required
to undergo the 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. Once an employee has a
documented positive test for tuberculosis infection conducted
pursuant to this subdivision that has been followed by an X-ray, the
tuberculosis risk assessment is no longer required. 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.
(c) After the tuberculosis risk assessment and, if indicated, the
examination, the employee shall 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 infectious tuberculosis. The county board of education may
require, by rule, that the certificates be filed in the office of the
county superintendent of schools or maintained in the office of the
county superintendent of schools if a majority of the governing
boards of the school districts within the county petition the county
board of 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.
(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 that indicates freedom from infectious
tuberculosis. The latter, regardless of form, shall constitute
evidence of compliance with this section.
(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. The rule shall
provide for reimbursement on the same basis as required in this
section.
(f) The tuberculosis risk assessment and, if indicated, the
examination is a condition of initial employment and the expense
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.
(g) The governing board of a school district shall reimburse the
employee for the cost, if any, of 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 of this section.
(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.
(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, this section shall not apply to an
employee of the school district who files an affidavit stating that
he or she adheres to the faith or teachings of 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 infectious tuberculosis.
If at any time there is probable cause to believe that the affiant
is afflicted with infectious tuberculosis, he or she may be excluded
from service until the governing board of the school district is
satisfied that he or she is not afflicted.
(j) A person who transfers 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 that shows he or she was found to be free of infectious
tuberculosis within 60 days of initial hire, or the school previously
employing the person verifies that the person has a certificate on
file showing that the person is free from infectious tuberculosis.
(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 found to be free of
infectious tuberculosis within 60 days of initial hire, or if the
school previously employing the person verifies that the person has a
certificate on file showing that the person is free from infectious
tuberculosis.
(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 infectious tuberculosis within 60
days of initial hire, as provided by subdivision (a), of all drivers
transporting pupils. At the discretion of the governing board or
county superintendent of schools, this paragraph shall not apply to a
private contracted driver who transports pupils infrequently without
prolonged contact with the pupils.
(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.
(n) The State Department of Public Health, in consultation with
the California Tuberculosis Controllers Association, shall develop a
risk assessment questionnaire, to be used to conduct tuberculosis
risk assessments pursuant to this section. The questionnaire shall be
administered by a health care provider, which shall be specified on
the questionnaire.
SEC. 2. Section 121525 of the Health and Safety Code is amended to
read:
121525. (a) Except as provided in Section 121555, 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 infectious tuberculosis. If no risk factors are identified,
an examination is not required. A person who is subject to the
requirements of this subdivision may take an examination that
complies with the requirements of subdivision (b) instead of
submitting to a tuberculosis risk assessment.
(b) Thereafter, 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 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 authority
of the school upon recommendation of the local health officer.
Once an employee has a documented positive test for the tuberculosis
infection conducted pursuant to this subdivision, the tuberculosis
risk assessment is no longer required. 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.
(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.
(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 infectious tuberculosis. At the discretion
of the governing authority, authority of the
school, this section shall not apply to a private contracted
driver who transports pupils infrequently and without prolonged
contact with the pupils.
(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.
(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 that indicates freedom from infectious tuberculosis.
(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.
(h) The State Department of Public Health, in consultation with
the California Tuberculosis Controllers Association, shall develop a
risk assessment questionnaire, to be used to conduct tuberculosis
risk assessments pursuant to this section. The questionnaire shall be
administered by a health care provider, which shall be specified on
the questionnaire.
SEC. 3. Section 121535 of the Health and Safety Code is amended to
read:
121535. The X-ray may be taken by a competent and qualified X-ray
technician if the X-ray 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) A volunteer in a school subject to this chapter 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, the person was examined and found to be free of
infectious tuberculosis. If no risk factors are identified, an
examination is not required. A person who is subject to the
requirements of this subdivision may take an examination
that complies with the requirements of subdivision (b) of
Section 121525 instead of submitting to a tuberculosis risk
assessment.
(b) At the discretion of the governing authority of a school
subject to this chapter this section shall not apply to a volunteer
whose functions do not 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 found to be free of infectious tuberculosis within
60 days of initial hire, or the school previously employing the
person verifies that the school has a certificate on file showing
that the 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 found to be free of
infectious tuberculosis within 60 days of initial hire, or if the
school district previously employing the person verifies that 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.