BILL NUMBER: SB 1038 INTRODUCED
BILL TEXT
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) (1) Except as provided in
subdivision (h), no a person shall
not be initially employed by a community college district in
an academic or classified position unless the person has within
the last 60 days submitted to a tuberculosis risk
assessment developed by the State Department of Public Health and the
California Tuberculosis Controllers Association and, if risk factors
are present, an examination within the past 60 days
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.
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,
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,
or were not tested because of a lack of risk factors,
shall be required to undergo the foregoing tuberculosis risk
assessment and, if risk factors exist, 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 tuberculosis risk
assessments and 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) After If risk factors were present at
the tuberculosis risk assessment and an examination occurs, after
the examination, each examination an
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 tuberculosis risk assessment and, if risk factors
are present, 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 this the
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) (1) At the discretion of the governing
board, this section shall does 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.
The
(2) The governing board may,
however, require the tuberculosis risk assessment and, if risk
factors are present, examination and may, as a contract
condition, require the assessment and 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
shall does 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) (1) 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
within the past four years had a tuberculosis risk assessment that
showed no risk factors were present or was examined
within the past four years 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.
A
(2) A 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 within the last four years had a tuberculosis risk
assessment that showed no risk factors were present or was
examined within the past four years 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) (1) 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
tuberculosis risk assessment and, if risk factors are present,
examination for active tuberculosis, as provided in subdivision (a),
of all drivers transporting the students, provided that
privately students. Privately contracted drivers
who transport the students on an infrequent basis, not to exceed
once a month, shall be excluded from this requirement.
(j)
(2) Examinations required pursuant to this
subdivision (i) shall be made available without
charge by the local health officer.