Legislature Addresses Shortage Of Tuberculosis Tests

Lozano Smith Client News Brief
November 2014
Number 86

Governor Brown recently signed Assembly Bill (AB) 1667 into law to amend the procedures for tuberculosis (TB) testing in California schools. Current law requires certificated and classified employees to undergo a TB skin test. Beginning January 1, 2015, these employees will instead be required to submit to a TB risk assessment. If the TB risk assessment identifies risk factors, the person would then be required to submit to a TB test. An employee can always choose a physical examination instead of the TB risk assessment.

AB 1667 specifically allows the governing board of a school district, upon a recommendation from the local health office, to require more extensive or more frequent physical examinations than the TB risk assessment.

The intent of the bill is to bring school districts' testing procedures in line with the federal Center for Disease Control's recommendations to limit TB testing only to those persons that have specified risk factors. As Lozano Smith previously reported, there is a nationwide shortage of antigens used for TB testing. The bill applies to both private and public schools. The required TB risk assessment questionnaire will be developed by the State Department of Public Health, which has stated that the questionnaire should be available for distribution at the end of November 2014.

If you have questions about the new TB testing procedures, please contact one of our eight offices located statewide. You can also visit our website, follow us on Facebook or Twitter, or download our Client News Brief App.
 
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As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this News Brief does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.