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California Education Code Section 49406

Legal Research Home > California Laws > Education Code > California Education Code Section 49406

49406.  (a) Except as provided in subdivision (h), no person shall
be initially employed by a school district in a certificated or
classified position unless the person has submitted to 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 either an approved intradermal tuberculin test or
any other test for tuberculosis infection that is recommended by the
federal Centers for Disease Control and Prevention (CDC) and licensed
by the federal Food and Drug Administration (FDA), which, if
positive, shall be followed by an X-ray of the lungs in accordance
with subdivision (f) of Section 120115 of the Health and Safety Code.
   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 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 test negative by either the
tuberculin skin test or any other test for tuberculosis infection
recommended by the CDC and licensed by the FDA shall be required to
undergo the foregoing 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's test remains
negative. Once an employee has a documented positive test for
tuberculosis infection conducted pursuant to this subdivision which
has been followed by an X-ray, 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) After the examination, each employee shall cause to be on file
with the district superintendent of schools a certificate from the
examining physician and surgeon or physician assistant showing the
employee was examined and found free from active tuberculosis. The
county board of education may require, by rule, that all their
certificates be filed in the office of the county superintendent of
schools or shall require their files be maintained in the office of
the county superintendent of schools if a majority of the governing
boards of the districts within the county so petition the county
board of education, except that in either case a district or
districts with a common board having an average daily attendance of
60,000 or more may elect to maintain the files for its employees in
that district. "Certificate," as used in this section, means a
certificate signed by the examining physician and surgeon or
physician assistant practicing in compliance with Chapter 7.7
(commencing with Section 3500) of Division 2 of the Business and
Professions Code 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. Nothing in this section
shall prevent the governing board, upon recommendation of the local
health officer, from establishing a rule requiring a more extensive
or more frequent physical examination than required by this section,
but the rule shall provide for reimbursement on the same basis as
required in this section.
   (d) This 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 that
person in a like manner prescribed in this section for employees.
   (e) The governing board of each district shall reimburse the
employee for the cost, if any, of this 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 the provisions of this
section.
   (f) At the discretion of the governing board, this section shall
not apply to those employees not requiring certification
qualifications 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 board may, however, require an examination described
in subdivision (b) and may, as a contract condition, require the
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 school premises would
constitute a health hazard to pupils.
   (g) If the governing board of a school district determines by
resolution, after hearing, that the health of pupils in the district
would not be jeopardized thereby, this section shall 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) A person who transfers his or her employment from one school
or school district to another shall be deemed to meet the
requirements of subdivision (a) if that person can produce a
certificate which 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 which contains that showing.
   A person who transfers his or her employment from a private or
parochial elementary school, secondary school, or nursery school to a
school or school district subject to this section shall be deemed to
meet the requirements of subdivision (a) if that person can produce
a certificate as provided for in Section 121525 of the Health and
Safety 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 previously employing him or her that
it has a certificate on file which contains that showing.
   (i) Any governing board or county superintendent of schools
providing for the transportation of pupils under contract authorized
by Section 39800, 39801, or any other provision of law shall require
as a condition of the contract the examination for active
tuberculosis, as provided by subdivision (a), of all drivers
transporting these pupils, provided that private contracted drivers
who transport these pupils on an infrequent basis, not to exceed once
a month, shall be excluded from this requirement.

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Last modified: March 17, 2014