2009 California Penal Code - Section 6006-6009 :: Chapter 4.5. Examination Of Staff For Tuberculosis

PENAL CODE
SECTION 6006-6009

6006.  The Department of Corrections, Department of the Youth
Authority, Board of Prison Terms, and Youthful Offender Parole Board,
in conjunction with the State Department of Health Services, shall
meet and confer with recognized employee organizations representing
employees pursuant to the Ralph C. Dills Act, Chapter 10.3
(commencing with Section 3512) of Division 4 of Title 1 of the
Government Code, to develop rules regarding the mandatory examination
or testing for tuberculosis of the staff of the Department of
Corrections, Department of the Youth Authority, Board of Prison
Terms, and Youthful Offender Parole Board. These rules shall include
mandated annual examination for tuberculosis of all employees with
inmate contact and as a part of preemployment requirements. Except as
provided in Section 6007, the confidentiality of the test results
shall be maintained. However, statistical summaries which do not
identify specific individuals may be prepared.

6006.5.  For purposes of this chapter, the following definitions
shall apply:
   (a) "Department" means the Department of Corrections, the
Department of the Youth Authority, the Board of Prison Terms, or the
Youthful Offender Parole Board.
   (b) "Examination or test" means methods, processes, or other
means, including a chest X-ray, conducted in accordance with the
recommendations of the Centers for Disease Control and Prevention and
as specified in the department's guidelines for tuberculosis
control, to determine if a person has, has had, or has been exposed
to tuberculosis.
   (c) "Medical evaluation" means taking a history or gathering other
information and may include, but is not limited to, listening to the
chest or other examinations or tests, as specified in the department'
s guidelines for tuberculosis control, used to diagnose and assess
the health conditions of the person.
   (d) "Followup care" means the continued medical evaluations,
monitoring, or care of a person after his or her initial visit,
examination, or test, including, but not limited to, preventive
therapy.
   (e) "Certificate" means the official document developed and issued
by the department that indicates the absence of tuberculosis in an
infectious stage and that is signed by a physician and surgeon who is
licensed by the Medical Board of California or the Osteopathic
Medical Board of California under Division 2 (commencing with Section
500) of the Business and Professions Code or his or her designee.
The certificate shall indicate that the examination, test, or
evaluation was performed in accordance with the recommendations of
the Centers for Disease Control and Prevention and as specified in
the department's guidelines for tuberculosis control.
   (f) "Negative skin test" shall have the same meaning as it is
defined by the Centers for Disease Control and Prevention and the
department's guidelines for tuberculosis control as the definition
reads at the time of the examination.
   (g) "Positive skin test" shall have the same meaning as it is
defined by the Centers for Disease Control and Prevention and the
department's guidelines for tuberculosis control as the definition
reads at the time of the examination.
   (h) "Institution" means any state prison, camp, center, office, or
other facility under the jurisdiction of the Department of
Corrections or the Department of the Youth Authority.
   (i) "Infectious or contagious stage" means the period when a
disease is capable of being transmitted from one person to another
with or without contact.
   (j) "Tuberculosis converter" shall have the same meaning as it is
defined by the Centers for Disease Control and Prevention.

6007.  (a) No person shall be employed initially by the department
unless that person, after an offer of employment, completes an
examination, a test, or a medical evaluation and is found to be free
of tuberculosis in an infectious or contagious stage prior to
assuming work duties.
   (b) As a condition of continued employment with the department,
those employees who are skin-test negative shall receive an
examination or test at least once a year, or more often if directed
by the department, for as long as the employee remains skin-test
negative. If an employee has a documented positive skin test, the
employee shall have a medical evaluation to determine the need for
followup care. An employee with a positive skin test shall follow the
department's guidelines for tuberculosis control.
   (c) The department shall ensure that all examinations or tests and
medical evaluations, as defined in subdivisions (b) and (c) of
Section 6006.5, to diagnose and assess the health conditions of the
person, meet the following conditions:
   (1) Are made available to the employee promptly at a reasonable
time and place.
   (2) Are made available at no cost to the employee.
   (3) Are performed by, or under the supervision of, a licensed
health care professional.
   (d) The examinations or tests or medical evaluations required
pursuant to this chapter shall be offered by the department. The
department may contract with a medical provider to administer the
examinations or tests or medical evaluations. Employees who elect not
to accept the department's offer shall obtain the examinations or
tests or medical evaluations through their personal health care
providers at no cost to the department.
   The requirements of this section apply to the Department of
Corrections, the Department of the Youth Authority, the Board of
Prison Terms, and the Youthful Offender Parole Board. Notwithstanding
any other provision of law, each department or board shall be
responsible for the costs of the testing or evaluation required by
this section for its own employees or potential employees.
   (e) Followup care for tuberculosis infection or treatment for
tuberculosis disease shall be pursued through the workers'
compensation system as provided in Division 4 (commencing with
Section 3200) and Division 5 (commencing with Section 6300) of the
Labor Code for job-related incidents or through the employee's health
insurance plan for non-job-related incidents. The department shall
file a first report of injury for an employee whose examination or
test for tuberculosis is positive. In addition, the department shall
follow the guidelines, policies, and procedures of the workers'
compensation early intervention program pursuant to Section 3214 of
the Labor Code.
   (f) Each employee, including employees who are employed initially,
shall submit a signed certificate to the department annually that
may be reviewed by the chief medical officer of the department.
   (g) The department shall maintain a file containing an up-to-date
certificate for each employee.
   (h) Nothing in this section shall prevent the department from
requiring and providing more extensive or more frequent examinations
or tests.
   (i) The department shall not discriminate against any employee
because the employee tested positive for tuberculosis.
   (j) All volunteers of the department shall be required to furnish
the department with a certificate prior to assuming their volunteer
duties and annually thereafter, showing that the volunteer has been
examined and found to be free of tuberculosis in an infectious or
contagious stage.
   (k) The department shall maintain a file containing an up-to-date
certificate for each volunteer.
   (l) Employees from other state agencies, including, but not
limited to, the State Department of Mental Health and the Department
of Forestry and Fire Protection, who are assigned to work in an
institution, as defined in subdivision (h) of Section 6006.5, or who
are assigned to work with inmates or wards on a regular basis, as
defined in the department's guidelines, shall comply with the
following requirements:
   (1) Receive an examination or test prior to assuming their duties
and at least once a year thereafter, or more often if directed by the
department, for as long as the employee remains skin-test negative.
   (2) Receive a medical evaluation to determine the need for
followup care and follow the department's guidelines for tuberculosis
control if an employee has a documented positive skin test.
   (3) Submit a signed certificate to the department prior to
assuming his or her duties and annually thereafter, showing that the
employee has been found to be free of tuberculosis in an infectious
or contagious state.
   (4) Pursue followup care for tuberculosis infection or treatment
for tuberculosis disease through the appropriate programs in their
agency or department.
   (m) The department shall offer the examinations, tests, or medical
evaluations required pursuant to this chapter to employees of other
state agencies or departments and may contract with a medical
provider to administer the examinations, tests, or medical
evaluations. Employees of other state agencies or departments who
elect not to accept the department's offer shall obtain the
examinations, tests, or medical evaluations from their personal
health care provider at no cost to the department.
   (n) The department shall maintain a file containing an up-to-date
certificate for each employee from other state agencies who works in
an institution.

6008.  The Department of Corrections, the Department of the Youth
Authority, the Board of Prison Terms, and the Youthful Offender
Parole Board shall report to the State Department of Health Services
the results of the tuberculosis examinations required by Section
6006.

6009.  In enacting this chapter, the Legislature hereby finds and
declares that tuberculosis is a serious contagious disease. It is
vital to the health and safety of inmates, employees, and the public
at large, to conduct appropriate examinations and testing and to
ensure that staff who test positive for tuberculosis obtain
appropriate treatment in order to control the spread of tuberculosis
in California's institutions.


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