BILL NUMBER: SB 1038	ENROLLED
	BILL TEXT

	PASSED THE SENATE  APRIL 7, 2016
	PASSED THE ASSEMBLY  JUNE 23, 2016

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, 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.


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), 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 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.
   (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.
   (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) If risk factors were present at the tuberculosis risk
assessment and an examination occurs, after the 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 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
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.
   (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 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 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.
   (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 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. Privately contracted drivers who transport
the students on an infrequent basis, not to exceed once a month,
shall be excluded from this requirement.
   (2) Examinations required pursuant to this subdivision shall be
made available without charge by the local health officer.