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

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

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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-Amended.html

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BILL NUMBER: SB 171	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 18, 2009

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 amended, 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  the submission of the
medical certificate by  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   or
a licensed advanced practice registered nurse who is qualified to
perform a medical 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
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,  a
licensed advanced practice registered nurse who is qualified to
perform a medical examination,  or a commissioned medical
officer exempted from licensure 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,
 a licensed advanced practice registered nurse who is qualified
to perform a medical examination,  or a commissioned medical
officer exempted from licensure 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 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 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,  a licensed advanced practice
registered nurse who is qualified to perform a medical examination,
 or a commissioned medical officer exempted from licensure
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,  a
licensed advanced practice registered nurse who is qualified to
perform a medical examination,  or a commissioned medical
officer exempted from licensure 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 shall adopt rules and regulations relating to
the implementation and administration of this section.