SB 1038: Community colleges: employees.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2016-07-01
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.
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.
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.
(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.
(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.
(a)(1)Except as provided in subdivision (h), no 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 within the past 60 days 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.
The
(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.
The
(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)After If risk factors were present at the tuberculosis risk assessment and an examination occurs, after the examination, each 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 this 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 shall 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.
The
(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 shall 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 within the past four years 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.
A
(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 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 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, provided that privately students. Privately contracted drivers who transport the students on an infrequent basis, not to exceed once a month, shall be excluded from this requirement.
(j)
(2)Examinations required pursuant to this subdivision (i) shall be made available without charge by the local health officer.
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Date
|
Status
|
|---|---|
| Apr 7, 2016 | Read third time. Passed. (Ayes 38. Noes 0.) Ordered to the Assembly. |
| Jul 1, 2016 | Chaptered by Secretary of State. Chapter 51, Statutes of 2016. |
| Jul 1, 2016 | Approved by the Governor. |
| Jun 29, 2016 | Enrolled and presented to the Governor at 4:30 p.m. |
| Jun 23, 2016 | Read third time. Passed. (Ayes 78. Noes 0. Page 5486.) Ordered to the Senate. |
| Jun 23, 2016 | Read third time. Passed. Ordered to the Senate. |
| Jun 23, 2016 | In Senate. Ordered to engrossing and enrolling. |
| Jun 16, 2016 | Read second time. Ordered to third reading. |
| Jun 15, 2016 | From committee: Do pass. (Ayes 13. Noes 0.) (June 14). |
| Apr 28, 2016 | Referred to Com. on HIGHER ED. |
| Feb 12, 2016 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| Apr 7, 2016 | Read third time. Passed. (Ayes 38. Noes 0. Page 3432.) Ordered to the Assembly. |
| Apr 7, 2016 | In Assembly. Read first time. Held at Desk. |
| Mar 31, 2016 | Read second time. Ordered to consent calendar. |
| Mar 30, 2016 | From committee: Do pass. Ordered to consent calendar. (Ayes 8. Noes 0.) (March 30). |
| Mar 30, 2016 | From committee: Do pass. Ordered to consent calendar. (Ayes 8. Noes 0. Page 3332.) (March 30). |
| Mar 11, 2016 | Set for hearing March 30. |
| Feb 25, 2016 | Referred to Com. on ED. |
| Feb 16, 2016 | From printer. May be acted upon on or after March 17. |
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Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 23, 2016 | SB 1038 Allen Senate Third Reading By WOOD | Assembly Floor |
Passed |
|
| Jun 14, 2016 | Do pass. | Assembly Standing Committee on Higher Education |
Passed |
|
| Apr 7, 2016 | Consent Calendar 2nd SB1038 Allen | Senate Floor |
Passed |
|
| Mar 30, 2016 | Do pass and be ordered to the Consent Calendar | Senate Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Tuberculosis Controllers Association | ** Support | Jun 23, 2016 |
| County Health Executives Association Of California | ** Support | Jun 23, 2016 |
| Health Officers Association Of California | ** Support | Jun 23, 2016 |
SENATE THIRD READING
STR Bill Id:SB 1038
Author:(Allen)
As Introduced Ver:February 12, 2016
Majority vote
SENATE VOTE: 38-0
Committee | Votes | Ayes | Noes |
Higher Education | 13-0 | Medina, Baker, Bloom, Chávez, Irwin, Jones-Sawyer, Levine, Linder, Low, Olsen, Santiago, Weber, Williams |
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:
- 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.
- Specifies that if no risk factors are identified by a TB risk assessment, an examination is not required.
- 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.
- Requires employees who have no identified risk factors, or who test negative, to undergo a TB risk assessment at least once each four years.
- Specifies that once an employee has been documented as having TB, the risk assessment is no longer required.
- 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.
- 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.
- Requires existing employees to be reimbursed for the expense of the TB assessment and examination.
- 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.
- 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:
- Prohibits a person from being initially employed by a community college district in an academic or classified position unless the person has had a TB test within the past 60 days to determine if he or she has TB, as specified.
- 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.
- 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.
- Requires employees who test negative for TB to be tested at least once every four years.
- 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.
- 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 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.
Policy comment. While this measure will affect all community college employees, there are overall health related TB policy questions that fall outside the jurisdiction of the Higher Education 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 Assembly 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.
Analysis Prepared by: Jeanice Warden / HIGHER ED. / (916) 319-3960 FN: 0003454
Date of Hearing: June 14, 2016
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Jose Medina, Chair
SBPCA Bill Id:SB 1038
Author:(Allen) – As Introduced Ver: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:
- 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.
- Specifies that if no risk factors are identified by a TB risk assessment, an examination is not required.
- 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.
- Requires employees who have no identified risk factors, or who test negative, to undergo a TB risk assessment at least once each four years.
- Specifies that once an employee has been documented as having TB, the risk assessment is no longer required.
- 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.
- 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.
- Requires existing employees to be reimbursed for the expense of the TB assessment and examination.
- 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.
- 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:
- Prohibits a person from being initially employed by a community college district in an academic or classified position unless the person has had a TB test within the past 60 days to determine if he or she has TB, as specified.
- 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.
- 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.
- Requires employees who test negative for TB to be tested at least once every four years.
- 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.
- 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 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:
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
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
CONSENT
Bill No: SB 1038
:
SENATE EDUCATION COMMITTEE: 8-0, 3/30/16
AYES: Liu, Block, Huff, Leyva, Mendoza, Monning, Pan, Vidak
NO VOTE RECORDED: Hancock
DIGEST: This bill 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.
Existing law:
- Prohibits a person from being initially employed by a community college district in an academic or classified position unless the person has had a TB test within the past 60 days to determine if he or she has TB, as specified.
- 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 (CDC) 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.
- 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.
- Requires employees who test negative for TB to be tested at least once every four years.
- 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.
- 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 § 87408.6 )
This bill:
- Replaces current mandatory TB testing for school employees with a TB risk assessment developed by the State Department of Public Health and the California Tuberculosis Controllers Association.
- 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.
- Specifies that if no risk factors are identified by a TB risk assessment, an examination is not required.
- 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.
- Requires employees who have no identified risk factors, or who test negative, to undergo a TB risk assessment at least once each four years.
- Specifies that once an employee has been documented as having TB, the risk assessment is no longer required.
- 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.
- Makes the risk assessment and, if indicated, the TB test a condition of employment and requires the cost to be borne by the applicant. Allows schools or districts to reimburse applicants once they are hired.
- Requires existing employees to be reimbursed for the expense of the TB assessment and examination.
- 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.
- Requires all drivers, as a condition of contract providing the transportation of pupils, 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.
Comments
Need for the bill. According to the author’s office, “SB 1038 will help alleviate the reoccurring shortage of TB tests by eliminating mandated universal TB testing for community college administrators, faculty, and classified employees and replace these testing requirements with universal TB screening and testing only when indicated. The most common test for TB infection is the tuberculin skin test. Purified protein derivative is injected into the inner surface of the forearm, and the test is read two to three days later by measuring the diameter of swelling at the injection site. Though the tuberculin skin test (TST) is often a valuable tool in determining the presence of TB infection, the tuberculin used for TB skin testing is frequently in short supply. As one approach to combat the recurring national shortage of tuberculin, the Centers for Disease Control and Prevention (CDC), among numerous other expert bodies, recommend allocating TSTs only to those who are a high-risk for TB.”
Tuberculosis. According to the CDC, TB is a disease that is spread through the air from one person to another. There are two kinds of tests that are used to determine if a person has been infected with TB bacteria: the TST and TB blood tests. A positive TB skin test or TB blood test only tells that a person has been infected with TB bacteria. It does not tell whether the person has latent TB infection or has progressed to TB disease. Other tests, such as a chest X-ray and a sample of sputum, are needed to see whether the person has TB disease. According to the CDC, TB tests are generally not needed for people with a low risk of infection with TB bacteria. Certain people should be tested for TB bacteria because they are more likely to get TB disease, including:
- People who have spent time with someone who has TB disease;
- People with HIV infection or another medical problem that weakens the immune system;
- People who have symptoms of TB disease (fever, night sweats, cough, and weight loss);
- People from a country where TB disease is common (most countries in Latin America, the Caribbean, Africa, Asia, Eastern Europe, and Russia);
- People who live or work somewhere in the United States where TB disease is more common (homeless shelters, prison or jails, or some nursing homes); and,
- People who use illegal drugs.
The two purified protein derivatives licensed by the Food and Drug Administration that serve as antigens for TB tests have been experiencing nationwide shortages since April 2013. In their September 4, 2013 health update, the CDC recommends allocating TB tests to priority usages as determined by public health authorities. Since 2000, the CDC has stated that screening of low-risk persons and testing for administrative purposes should be replaced by targeted testing. In 2006, the California Department of Public Health and the Cancer Treatment Centers of America issued joint guidelines, Targeted Testing and Treatment of Latent Tuberculosis Infection in Adults and Children, which state that tuberculin skin testing of low risk populations will result in unnecessary treatment because of false-positive test results. Currently, five states (Florida, Texas, New Mexico, Nebraska, and North Dakota) do not require teachers to be tested for TB.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
County Health Executives Association of California
Health Officers Association of California
OPPOSITION: (Verified 3/30/16)
None received
3/31/16 15:46:03
**** END ****
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: SB 1038
Author: | |||
Version: | February 12, 2016 Hearing Date: March 30, 2016 | ||
Urgency: | No | Fiscal: | No |
Consultant: | Lenin Del Castillo | ||
Subject: Community colleges: employees
SUMMARY
This bill 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.
BACKGROUND
Existing law:
- Prohibits a person from being initially employed by a community college district in an academic or classified position unless the person has had a TB test within the past 60 days to determine if he or she has TB, as specified.
- 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.
- 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.
- Requires employees who test negative for TB to be tested at least once every four years.
- 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.
- 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 § 87408.6 )
ANALYSIS
This bill:
- Replaces current mandatory tuberculosis (TB) testing for school employees with a TB risk assessment developed by the State Department of Public Health and the California Tuberculosis Controllers Association.
- 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.
- Specifies that if no risk factors are identified by a TB risk assessment, an examination is not required.
- 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.
- Requires employees who have no identified risk factors, or who test negative, to undergo a TB risk assessment at least once each four years.
- Specifies that once an employee has been documented as having TB, the risk assessment is no longer required.
- 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.
- Makes the risk assessment and, if indicated, the TB test a condition of employment and requires the cost to be borne by the applicant. Allows schools or districts to reimburse applicants once they are hired.
- Requires existing employees to be reimbursed for the expense of the TB assessment and examination.
- 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.
- Requires all drivers, as a condition of contract providing the transportation of pupils, 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.
STAFF COMMENTS
- Need for the bill. According to the author’s office, “SB 1038 will help alleviate the reoccurring shortage of TB tests by eliminating mandated universal TB testing for community college administrators, faculty, and classified employees and replace these testing requirements with universal TB screening and testing only when indicated. The most common test for TB infection is the tuberculin skin test. Purified protein derivative is injected into the inner surface of the forearm, and the test is read two to three days later by measuring the diameter of swelling at the injection site. Though the tuberculin skin test (TST) is often a valuable tool in determining the presence of tuberculosis (TB) infection, the tuberculin used for TB skin testing is frequently in short supply. As one approach to combat the recurring national shortage of tuberculin, the Centers for Disease Control and Prevention (CDC), among numerous other expert bodies, recommend allocating TSTs only to those who are a high-risk for TB.”
- Tuberculosis. According to the CDC, TB is a disease that is spread through the air from one person to another. There are two kinds of tests that are used to determine if a person has been infected with TB bacteria: the TST and TB blood tests. A positive TB skin test or TB blood test only tells that a person has been infected with TB bacteria. It does not tell whether the person has latent TB infection or has progressed to TB disease. Other tests, such as a chest X-ray and a sample of sputum, are needed to see whether the person has TB disease. According to the CDC, TB tests are generally not needed for people with a low risk of infection with TB bacteria. Certain people should be tested for TB bacteria because they are more likely to get TB disease, including:
People who have spent time with someone who has TB disease;
People with HIV infection or another medical problem that weakens the immune system;
People who have symptoms of TB disease (fever, night sweats, cough, and weight loss);
People from a country where TB disease is common (most countries in Latin America, the Caribbean, Africa, Asia, Eastern Europe, and Russia);
People who live or work somewhere in the United States where TB disease is more common (homeless shelters, prison or jails, or some nursing homes); and,
People who use illegal drugs.
The two purified protein derivatives licensed by the Food and Drug Administration that serve as antigens for TB tests have been experiencing nationwide shortages since April 2013. In their September 4, 2013 health update, the CDC recommends allocating TB tests to priority usages as determined by public health authorities. Since 2000, the Centers for Disease Control and Prevention (CDC) has stated that screening of low-risk persons and testing for administrative purposes should be replaced by targeted testing. In 2006, the California Department of Public Health and the Cancer Treatment Centers of America issued joint guidelines, Targeted Testing and Treatment of Latent Tuberculosis Infection in Adults and Children, which state that tuberculin skin testing of low risk populations will result in unnecessary treatment because of false-positive test results. Currently, five states (Florida, Texas, New Mexico, Nebraska, and North Dakota) do not require teachers to be tested for TB.
- No double referral. This bill addresses substantially similar policy issues as that of AB 1667 (Williams, Chapter 329, Statutes of 2014), which replaced TB testing for K-12 school employees and volunteers with a TB risk assessment and was heard by the Senate Health Committee during the 2013-14 legislative session. The application of those provisions to community college employees, as this measure proposes, is consistent with the prior action of the Senate Health Committee.
- Related legislation. AB 1667 (Williams, Chapter 329, Statutes of 2014), similar to this bill, replaced TB testing for K-12 school employees and volunteers with a TB risk assessment, as specified.
SUPPORT
County Health Executives Association of California
Health Officers Association of California
OPPOSITION
None received.
-- END --
Bill Author
Bill Co-Author(s):
