2009 California Health and Safety Code - Section 121525-121555 :: Chapter 3. Tuberculosis Tests For Employees

HEALTH AND SAFETY CODE
SECTION 121525-121555

121525.  (a) Except as provided in Section 121555, no person shall
be initially employed by a private or parochial elementary or
secondary school, or any nursery school, unless that person produces
or has on file with the school a certificate showing that within the
last 60 days the person has been examined and has been found to be
free of communicable tuberculosis.
   (b) Thereafter, those employees who are skin test negative, or
negative by any other test for tuberculosis recommended by the
federal Centers for Disease Control and Prevention (CDC) and licensed
by the federal Food and Drug Administration (FDA), shall be required
to undergo the foregoing examination at least once each four years,
or more often if directed by the school upon recommendation of the
local health officer, for so long as the employee remains test
negative by any test for tuberculosis infection that has been
recommended by the CDC and licensed by the FDA. Once an employee has
a documented positive tuberculin test or any other test for
tuberculosis infection that has been recommended by the CDC and
licensed by the FDA, the foregoing examination is no longer required,
and a 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) At the discretion of the governing authority of a private
school, this section shall not apply to employees who are employed
for any period of time less than a school year whose functions do not
require frequent or prolonged contact with pupils. The governing
authority may, however, require the examination and may as a contract
condition require the examination of persons employed under contract
if the governing authority believes the presence of the persons in
and around the school premises would constitute a health hazard to
students.
   (d) The governing authority of a private school providing for the
transportation of pupils under authorized contract shall require as a
condition of the contract that every person transporting pupils
produce a certificate showing that within the last 60 days the person
has been examined and has been found to be free of communicable
tuberculosis, except that any private contracted driver who
transports pupils on an infrequent basis, not to exceed once a month,
shall be excluded from this requirement.
   (e) The examination attested to in the certificate required
pursuant to subdivision (d) of this section shall be made available
without charge by the local health officer.
   "Certificate," as used in this chapter, 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 or unit of
the Tuberculosis Association that indicates freedom from active
tuberculosis.
   (f) Nothing in this section shall prevent the governing authority
of a private, parochial, or nursery school, upon recommendation of
the local health officer, from establishing a rule requiring a more
extensive or more frequent examination than required by this section.

121530.  The examination shall consist of either an approved
intradermal tuberculin test or any other test for tuberculosis
infection that has been recommended by the CDC and licensed by the
FDA, that, if positive, shall be followed by an X-ray of the lungs.

121535.  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
licensed physician and surgeon.

121540.  The school shall maintain a file containing an up-to-date
certificate for each person covered by this chapter. It shall be the
duty of the county health officer of each county to insure that the
provisions of this chapter are complied with.

121545.  (a) All volunteers in schools covered under this chapter
shall also be required to have on file with the school a certificate
showing that within the last four years the person has been examined
and has been found to be free of communicable tuberculosis.
   (b) At the discretion of the governing authority of a private
school, this section shall not apply to volunteers whose functions do
not necessitate frequent or prolonged contact with pupils.

121550.  Nothing in this chapter shall prevent the school from
requiring more extensive or more frequent examinations.

121555.  (a) A person who transfers his or her employment from one
of the schools specified in subdivision (a) of Section 121525 to
another shall be deemed to meet the requirements of subdivision (a)
of Section 121525 if the person can produce a certificate that shows
that he or she 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 a certificate on
file.
   (b) A person who transfers his or her employment from a public
elementary school or secondary school to any of the schools specified
in subdivision (a) of Section 121525 shall be deemed to meet the
requirements of subdivision (a) of Section 121525 if that person can
produce a certificate as provided for in Section 11708 of the
Education Code that shows that he or she was examined within the past
four years and was found to be free of communicable tuberculosis, or
if it is verified by the school district previously employing him or
her that it has a certificate on file.


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