Senate Bill No. 1038

Introduced by Senator Allen

(Principal coauthor: Assembly Member Wood)

February 12, 2016

An act to amend Section 87408.6 of the Education Code, relating to community colleges.

LEGISLATIVE COUNSEL’S DIGEST

SB 1038, as introduced, Allen. Community colleges: employees.

Existing law prohibits a person from being employed by a community college in an academic or classified position unless the person has submitted to a tuberculosis examination within the past 60 days to determine that he or she is free of active tuberculosis.

This bill would instead prohibit employment unless the person, within 60 days, has submitted to a tuberculosis risk assessment and, if tuberculosis risk factors are identified, has undergone a tuberculosis examination.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 87408.6 of the Education Code is
amended to read:

87408.6.  

(a)  begin insert (1) end insert begin insert   end insert Except as provided in subdivision (h), begin delete no end delete begin insert a end insert
person shall begin insert not end insert be initially employed by a community college
district in an academic or classified position unless the person has
begin insert within the last 60 days end insert submitted to begin insert a tuberculosis risk assessment
developed by the State Department of Public Health and the
California Tuberculosis Controllers Association and, if risk factors
are present, end insert an examination begin delete within the past 60 days end delete to determine
that he or she is free of active 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 examination shall consist of an approved intradermal
tuberculin test or any other test for tuberculosis infection
recommended by the federal Centers for Disease Control and
Prevention (CDC) and licensed by the federal Food and Drug
Administration (FDA), that, if positive, shall be followed by an
X-ray of the lungs.

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert 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.

begin delete

The

end delete

begin insert (3) end insert begin insert   end insert begin insert The end insert district superintendent, 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 be followed by an X-ray of
the lungs.

(b) Thereafter, employees who are skin test negative, or negative
by any other test recommended by the CDC and licensed by the
FDA, begin insert or were not tested because of a lack of risk factors, end insert shall be
required to undergo the foregoing begin insert tuberculosis risk assessment
and, if risk factors exist, end insert examination at least once each four years
or more often if directed by the governing board upon
recommendation of the local health officer for so long as the
employee remains test negative by either the tuberculin skin test
or any other test recommended by the CDC and licensed by the
FDA. Once an employee has a documented positive skin test or
any other test that has been recommended by the CDC and licensed
by the FDA that has been followed by an X-ray, the foregoing
begin insert tuberculosis risk assessments and end insert examinations shall no longer be
required, and 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)  begin delete After end delete begin insert If risk factors were present at the tuberculosis risk
assessment and an examination occurs, after end insert the begin delete examination,
each end delete begin insert examination an end insert employee shall cause to be on file with the
district superintendent a certificate from the examining physician
and surgeon or physician assistant showing the employee was
examined and found free from active tuberculosis. “Certificate,”
as used in this subdivision, means a certificate signed by the
examining physician and surgeon or physician assistant, or a notice
from a public health agency or unit of the American Lung
Association that indicates freedom from active tuberculosis. The
latter, regardless of form, shall constitute evidence of compliance
with this section.

(d) This begin insert tuberculosis risk assessment and, if risk factors are
present, end insert 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. However, the
board may, if an applicant is accepted for employment, reimburse
the person in a like manner prescribed for employees in subdivision
(e).

(e) The governing board of each district shall reimburse the
employee for the cost, if any, of begin delete this end delete begin insert the end insert examination. The board
may provide for the examination required by this section or may
establish a reasonable fee for the examination that is reimbursable
to employees of the district complying with this section.

(f)  begin insert (1) end insert begin insert   end insert At the discretion of the governing board, this section
begin delete shall end delete begin insert does end insert not apply to those employees not requiring certification
qualifications who are employed for any period of time less than
a college year whose functions do not require frequent or prolonged
contact with students.

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert governing board may, however, require the begin insert tuberculosis
risk assessment and, if risk factors are present, end insert examination and
may, as a contract condition, require the begin insert assessment and end insert
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 college premises would
constitute a health hazard to students.

(g) If the governing board of a community college district
determines by resolution, after hearing, that the health of students
in the district would not be jeopardized thereby, this section begin delete shall end delete
begin insert does end insert not apply to any employee of the district who files an affidavit
stating that he or she adheres to the faith or teachings of any
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
tuberculosis. If at any time there should be probable cause to
believe that the affiant is afflicted with active tuberculosis, he or
she may be excluded from service until the governing board of the
employing district is satisfied that he or she is not so afflicted.

(h)  begin insert (1) end insert begin insert   end insert A person who transfers his or her employment from one
campus or community college district to another shall be deemed
to meet the requirements of subdivision (a) if the person can
produce a certificate that shows that he or she begin insert within the past four
years had a tuberculosis risk assessment that showed no risk
factors were present or end insert was examined begin delete within the past four years end delete
and was found to be free of communicable tuberculosis, or if it is
verified by the college previously employing him or her that it has
a certificate on file that contains that showing.

begin delete

A

end delete

begin insert (2) end insert begin insert   end insert begin insert A end insert person who transfers his or her employment from a private
or parochial elementary school, secondary school, or nursery school
to the community college district subject to this section shall be
deemed to meet the requirements of subdivision (a) if the person
can produce a certificate as provided for in Section 121525 of the
Health and Safety Code that shows that he or she begin insert within the last
four years had a tuberculosis risk assessment that showed no risk
factors were present or end insert was examined begin delete within the past four years end delete
and was found to be free of communicable tuberculosis, or if it is
verified by the school previously employing him or her that it has
the certificate on file.

(i)  begin insert (1) end insert begin insert   end insert Any governing board of a community college district
providing for the transportation of students under contract shall
require as a condition of the contract the begin insert tuberculosis risk
assessment and, if risk factors are present, end insert examination for active
tuberculosis, as provided in subdivision (a), of all drivers
transporting the begin delete students, provided that privately end delete begin insert students. Privately end insert
contracted drivers who transport the students on an infrequent
basis, not to exceed once a month, shall be excluded from this
requirement.

begin delete

(j)

end delete

begin insert (2) end insert  Examinations required pursuant to begin insert this end insert subdivision begin delete (i) end delete shall
be made available without charge by the local health officer.