Bill Text: CA SB171 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Certificated employees: medical certificates.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-08-06 - Chaptered by Secretary of State. Chapter 34, Statutes of 2009. [SB171 Detail]

Download: California-2009-SB171-Introduced.html

---

BILL NUMBER: SB 171	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Pavley

                        FEBRUARY 14, 2009

   An act to amend Sections 44839 and 44839.5 of the Education Code,
relating to public schools.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 171, as introduced, Pavley. Certificated employees: medical
certificates.
   Existing law requires a school district or a county superintendent
of schools to require a candidate for a position requiring
certification qualifications or a retirant position, if the candidate
has not previously been employed in a position requiring
certification qualifications in this state or has not previously been
employed as a retirant, to obtain a medical certificate showing that
the candidate is free from any disabling disease making him or her
unfit to instruct or associate with children. Existing law requires
that the medical certificate be submitted directly to the governing
board of the school district or the county superintendent of schools
by a physician and surgeon licensed pursuant to specified statutes or
a commissioned medical officer, as specified, following the
completion of a prescribed medical examination of the candidate.
   This bill, in addition, would authorize a physician assistant
practicing in compliance with specified statutes to submit a medical
certificate on behalf of a candidate for a position requiring
certification qualifications or a retirant position to the governing
board of a school district or a county superintendent of schools
following completion of the prescribed examination.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 44839 of the Education Code is amended to read:

   44839.  (a) When a school district or a county superintendent of
schools wishes to employ a person in a position requiring
certification qualifications and that person has not previously been
employed in a position requiring certification qualifications in this
state, the district or county superintendent shall require a medical
certificate in such form as shall be prescribed by the 
State Board of Education   state board  showing
that the applicant is free from any disabling disease unfitting the
applicant to instruct or associate with children. The medical
certificate shall be submitted directly to the governing board or
county superintendent by a physician and surgeon licensed under the
Business and Professions Code,  a physician assistant practicing
in compliance with Chapter 7.7 (commencing with Section 3500) of
Division 2 of the Business and Professions Code, or  a
commissioned medical officer exempted from licensure  by
Section 2144 of the Business and Professions Code, or a commissioned
medical officer in the United States Air Force  
pursuant to federal law  . The medical examination shall have
been conducted not more than six months before the submission of the
certificate and shall be at the expense of the applicant. A governing
board or county superintendent may offer a contract of employment to
an applicant subject to the submission of the required medical
certificate. Notwithstanding Section 44031, the medical certificate
shall become a part of the personnel record of the employee and shall
be open to the employee or his  or her  designee.
   (b) The governing board of a school district or a county
superintendent of schools may require certificated employees to
undergo a periodic medical examination by a physician and surgeon
licensed under the Business and Professions Code,  a physician
assistant practicing in compliance with Chapter 7.7 (commencing with
Section 3500) of Division 2 of the Business and Professions Code,
 or a commissioned medical officer exempted from licensure
 by Section 2144 of the Business and Professions Code
  pursuant to federal law  , to determine that the
employee is free from any communicable disease unfitting the
applicant to instruct or associate with children. The periodic
medical examination shall be at the expense of the school district or
county superintendent. The medical certificate shall become a part
of the personnel record of the employee and shall be open to the
employee or his  or her  designee.
   (c) The  State Board of Education   state
board shall adopt rules and regulations relating to the
implementation and administration of this section.
  SEC. 2.  Section 44839.5 of the Education Code is amended to read:
   44839.5.  (a) When a school district or county superintendent of
schools wishes to employ a retirant who is retired for service, and
such person has not been previously employed as a retirant, such
district or county superintendent shall require, as a condition of
initial employment as a retirant, a medical certificate in such form
as shall be prescribed by the  State Board of Education
  state board  showing that the retirant is free
from any disabling disease unfitting him or her to instruct or
associate with children. The medical certificate shall be completed
and submitted directly to the school district or county
superintendent by a physician and surgeon licensed under the Business
and Professions Code  , a physician assistant practicing in
compliance with Chapter 7.7 (commencing with Section 3500) of
Division 2 of the Business and Professions Code,  or a
commissioned medical officer exempted from licensure  by
Section 2144 of the Business and Professions Code  
pursuant to federal law  . A medical examination as prescribed
by the State Board of Education shall be required for the completion
of the medical certificate. Such examination shall be conducted not
more than six months before the completion and submission of the
certificate and shall be at the expense of the retirant.
Notwithstanding Section 44031, the medical certificate shall become a
part of the personnel record of the employee and shall be open to
the employee or his  or her  designee.
   (b) The school district or county superintendent of schools which
initially employed the retirant, or any school district or county
superintendent which subsequently employs the retirant, may require a
periodic medical examination by a physician and surgeon licensed
under the Business and Professions Code  , a physician assistant
practicing in compliance with Chapter 7.7 (commencing with Section
3500) of Division 2 of the Business and Professions Code,  or a
commissioned medical officer exempted from licensure  by
Section 2144 of the Business and Professions Code  
pursuant to federal law  , to determine that the retirant is
free from any communicable disease unfitting him or her to instruct
or associate with children. The periodic medical examination shall be
at the expense of the school district or county superintendent. The
medical certificate shall become a part of the personnel record of
the retirant and shall be open to the retirant or his  or her
 designee.
   (c) The  State Board of Education   state
board  shall adopt rules and regulations relating to the
implementation and administration of this section.