2009 California Health and Safety Code - Section 121475-121520 :: Chapter 2. Tuberculosis Tests For Pupils

121475.  In enacting this chapter, it is the intent of the
Legislature to provide:
   (a) A means for the eventual elimination of tuberculosis.
   (b) Persons required to be tested for tuberculosis under this
chapter may obtain testing from whatever medical source they desire,
subject only to the condition that the testing be performed in
accordance with the regulations of the department and that a record
of the testing is made in accordance with the regulations.
   (c) Exemptions from tuberculosis tests because of personal
beliefs.
   (d) For the keeping of adequate records of tuberculosis tests so
that health departments, schools, and other institutions, parents or
guardians, and the persons tested will be able to ascertain that a
child is free from active tuberculosis, and so that appropriate
public agencies will be able to ascertain the testing needs of groups
of children in schools or other institutions.

121480.  As used in this chapter, the following terms shall have the
following meanings:
   (a) "Governing authority" means the governing board of each school
district or the authority of each other private or public
institution responsible for the operation and control of the
institution or the principal or administrator of each school or
institution.
   (b) "Certificate" 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, a unit of the American
Lung Association, or any other private or public source, any of
which indicates examination for, and freedom from, active
tuberculosis.
   (c) "Department" means State Department of Health Services.

121485.  (a) If the local health officer determines that persons
seeking first admission to any private or public elementary or
secondary school or institution are reasonably suspected of having
tuberculosis and further determines that the examination of the
persons for tuberculosis is necessary for the preservation and
protection of the public health, he or she may issue an order
requiring the persons to undergo a tuberculosis examination.
   (b) If an order has been issued pursuant to subdivision (a), the
governing authority shall not unconditionally admit any person
subject to the order as a pupil of any private or public elementary
or secondary school, or institution, unless prior to his or her first
admission to that institution, he or she provides evidence to the
institution of a certificate showing that he or she is free of
communicable tuberculosis.
   (c) Thereafter, any such pupil may be required to undergo the
tuberculosis examinations and provide another certificate showing
that he or she is free of communicable tuberculosis, if the local
health officer orders the examination.

121490.  The examination shall consist of either an approved
intradermal tuberculin skin test or any other test for tuberculosis
infection that has been recommended by the federal Centers for
Disease Control and Prevention and licensed by the federal Food and
Drug Administration, that, if positive, is followed by an X-ray of
the lungs.

121495.  (a) A person subject to an order made pursuant to
subdivision (a) of Section 121485 who does not have on file the
certificate required by this chapter may be admitted by the governing
authority on condition that within time periods designated by
regulations of the department, he or she will provide the
certificate.
   (b) The governing authority shall prohibit from further attendance
any person admitted conditionally who fails to obtain and provide
the required certificate within the time limits allowed in the
regulations of the department, unless the person is exempted under
Section 121505, until the person has provided the certificate to the
governing authority.

121500.  The examinations required by this chapter may be
administered by any private or public source desired.

121505.  The certificate shall not be required for a person who is
subject to an order made pursuant to subdivision (a) of Section
121485, if the parent, guardian, or other adult who has assumed
responsibility for his or her care and custody in case of a minor, or
the person seeking admission, if an emancipated minor, provides to
the governing authority an affidavit stating that the examination
required to obtain the certificate is contrary to his or her beliefs.
If at any time there should be probable cause to believe that the
person is afflicted with active tuberculosis, he or she may be
excluded from the school or other institution listed in Section
121485 until the governing board is satisfied that he or she is not
so afflicted.

121510.  Any person or organization administering tuberculosis
examinations shall furnish each person examined, or his or her parent
or guardian, as appropriate, with a certificate of the examination
results given in a form prescribed by the department.

121515.  The governing authority shall cooperate with the local
health officer in carrying out any programs ordered by the local
health officer for the tuberculosis examinations of persons applying
for first admission to any school or institution under its
jurisdiction. The governing board of any school district may use
funds, property, and personnel of the district for that purpose.

121520.  The department, in consultation with the State Department
of Education, shall adopt and enforce all rules and regulations
necessary to carry out this chapter.