BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1038


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          Date of Hearing:  June 14, 2016 


                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION


                                 Jose Medina, Chair


          SB  
          1038 (Allen) - As Introduced February 12, 2016


          SENATE VOTE:  38-0


          SUBJECT:  Community colleges:  employees.


          SUMMARY:  Replaces current mandatory tuberculosis (TB) testing  
          for community college employees with a TB risk assessment  
          developed by the State Department of Public Health and the  
          California Tuberculosis Controllers Association.  Specifically,  
          this bill:  


          1)Prohibits a person from being initially employed by a  
            community college school district unless the person has had a  
            TB risk assessment within the past 60 days.  

          2)Specifies that if no risk factors are identified by a TB risk  
            assessment, an examination is not required.

          3)Requires that if TB risk factors are identified by a TB risk  
            assessment, employees are to be examined by a physician to  
            determine if they are free of infectious TB.        

          4)Requires employees who have no identified risk factors, or who  
            test negative, to undergo a TB risk assessment at least once  








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            each four years.

          5)Specifies that once an employee has been documented as having  
            TB, the risk assessment is no longer required.

          6)Requires employees, after a TB risk assessment and, if  
            necessary, an examination, to file with the district  
            superintendent, a certificate from the physician and surgeon  
            showing the employee was examined and found free from  
            infectious TB.  

          7)Makes the risk assessment and, if indicated, the TB test, a  
            condition of employment and requires the cost to be borne by  
            the applicant; and, allows schools or districts to reimburse  
            applicants once they are hired.

          8)Requires existing employees to be reimbursed for the expense  
            of the TB assessment and examination.

          9)Provides that if a person who transfers his or her employment  
            from one campus or community college district to another or  
            who transfers employment from a private or parochial  
            elementary school, secondary schools, or nursery school to the  
            community college district, he or she may be employed if he or  
            she can produce a certificate that shows he or she had a  
            tuberculosis risk assessment in the last four years that  
            showed no risk factors were present or was examined.

          10)                                  Requires all drivers, as a  
            condition of contract providing the transportation of  
            students, to have a TB risk assessment and, if indicated, the  
            examination for TB within 60 days of initial hire and be found  
            free of infectious TB.

          EXISTING LAW:   


          1)Prohibits a person from being initially employed by a  
            community college district in an academic or classified  








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            position unless the person has had a TB test within the past  
            60 days to determine if he or she has TB, as specified.


          2)Requires the TB test to consist of an approved intradermal TB  
            test or any other test for TB infection that is recommended by  
            the federal Centers for Disease Control and Prevention and  
            licensed by the federal Food and Drug Administration, and  
            requires if the test is positive, that the test be followed by  
            an X-ray of the lungs.               


          3)Allows a district superintendent to exempt a pregnant employee  
            who tests positive for TB from the requirement for an X-ray of  
            the lungs for up to 60 days following termination of the  
            pregnancy.


          4)Requires employees who test negative for TB to be tested at  
            least once every four years.


          5)Requires that once an employee has been documented as having  
            TB, the test is no longer required, and requires the employee  
            to be referred within 30 days to the local health officer to  
            determine the need for follow-up care.


          6)Requires employees, after the test, to file a certificate from  
            the physician showing the employee was examined and found free  
            from active TB (Education Code Section 87408.6).


          FISCAL EFFECT:  Unknown.  This bill is keyed non-fiscal by the  
          Legislative Counsel.


          COMMENTS:  Need for the measure.  According to the author,  
          current law requires community college employees to be tested  








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          for TB as a condition of employment; however, community college  
          employees are not at a high risk population for having TB.  The  
          author argues, "Universally testing low risk populations is  
          neither cost effective nor necessary for controlling the  
          infection; this practice wastes a limited supply of valuable  
          resources and leads to a high number of false-positive test  
          results that require many non-infected people to undergo  
          additional unnecessary and costly TB testing."


          Recommended approach for TB screening.  The Center for Disease  
          Control and Prevention, the California Department of Public  
          Health, and the California Tuberculosis Controllers Association,  
          to name a few, in recent years have recommended a "targeted  
          testing" approach, in which a person's risk for TB is assessed  
          and only those who are deemed to be high risk for the infection  
          are actually tested.  


          Existing law is not a reflection of the standards and  
          recommendations on TB control guidelines; this measure seeks to  
          align the state laws with the recommended TB guidelines.


          Committee note.  While this measure will affect all community  
          college employees, there are overall health related TB policy  
          questions that fall outside of the jurisdiction of this  
          Committee; however, this analysis does not seek to address other  
          potential health policy implications, and the measure, to date,  
          will not be heard by the Health Committee.


          Related legislation.  AB 1667 (Williams), Chapter 329, Statutes  
          of 2014, replaced current mandatory TB testing for school  
          employees and volunteers with a TB risk assessment administered  
          by a health care provider.


          REGISTERED SUPPORT / OPPOSITION:








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          Support


          California Tuberculosis Controllers Association


          County Health Executives Association of California


          Health Officers Association of California




          Opposition


          None on file.




          Analysis Prepared by:Jeanice Warden / HIGHER ED. / (916)  
          319-3960