Chapter 4.5 - Examination of Staff for Tuberculosis

California Penal Code — §§ 6006-6009

Sections (4)

Amended by Stats. 2025, Ch. 10, Sec. 9. (AB 134) Effective June 27, 2025.

The Department of Corrections and Rehabilitation shall develop rules regarding the mandatory examination or testing for tuberculosis of the staff of the department. These rules shall include mandated annual examination for tuberculosis of employees whose primary job functions require them to work inside an institution 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 that do not identify specific individuals may be

prepared.

§ 6006.5

Repealed and added by Stats. 2025, Ch. 10, Sec. 11. (AB 134) Effective June 27, 2025.

For purposes of this chapter, the following definitions shall apply:

(a)“Annual TB screening” means a yearly risk assessment to determine the presence of tuberculosis (TB) symptoms in an individual.

(b)“Baseline TB screening and testing” means a process that includes an individual TB risk assessment and an initial TB test, as defined by the federal Centers for Disease Control and Prevention (CDC).

(c)“Certificate” means a document signed by a licensed health care professional or their designee. The certificate shall indicate that the baseline TB screening and testing, annual TB screening, or medical evaluation was performed in

accordance with the recommendations of the federal CDC.

(d)“Department” means the Department of Corrections and Rehabilitation.

(e)“Follow up care” means continued medical evaluations or treatment of a person after their initial baseline TB screening and testing or annual TB screening.

(f)“Institution” means any state prison, camp, or other facility where incarcerated persons are housed under the jurisdiction of the Department of Corrections and Rehabilitation.

(g)“Medical evaluation” means a gathering of patient information by a licensed health care professional, which may include, but is not limited to, a comprehensive history, physical examination, or tests in accordance with the recommendations of the federal CDC used to diagnose, assess, and

treat TB.

§ 6007

Repealed and added by Stats. 2025, Ch. 10, Sec. 13. (AB 134) Effective June 27, 2025.

(a)A person who is employed by the department and whose primary job functions require them to work inside an institution shall complete baseline TB screening and testing and shall provide a certificate to the department within seven days of appointment to their position showing they are free of active tuberculosis. The employee shall not be allowed to perform any job duties within a licensed area within the institution until the certificate has been submitted and accepted by the department.

(b)(1) An employee whose primary job functions require them to work inside an institution shall receive annual TB screening and ensure that certificates are submitted and accepted by the department showing they are free of active

tuberculosis. If an employee is suspected of having active tuberculosis during an annual TB screening, the employee shall have a medical evaluation to determine the need for follow up care in accordance with the recommendations of the federal CDC.

(2)The department may require more frequent TB screening or testing, including skin or blood tests, if there is a known exposure or ongoing transmission within an institution.

(c)The department shall ensure that all annual TB screenings are:

(1)Offered to the employee promptly at a reasonable time and place.

(2)Offered at no cost to the employee.

(3)Performed by, or under the supervision of, a licensed health care professional.

(d)The department may contract with a licensed health care professional to administer the baseline TB screening and testing, annual TB screening, or medical evaluations. An employee who declines the department’s offer of these services shall obtain the services through their personal licensed health care providers at no cost to the department.

(e)Follow up care for tuberculosis 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 report for an employee whose test or medical evaluation 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)The department shall maintain a file containing an up-to-date certificate for each employee.

§ 6009

Added by Stats. 1993, Ch. 932, Sec. 8. Effective October 8, 1993.

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.