H. B. 2838
(By Delegates Dalton, Manuel,
Shelton and Boggs)
[Introduced February 19, 1999; referred to the
Committee on Education.]
A BILL to amend and reenact section four-a, article three,
chapter sixteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to adding a
requirement that students in prekindergarten programs are
required to receive a tuberculin skin test.
Be it enacted by the Legislature of West Virginia:
That section four-a, article three, chapter sixteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 3. PREVENTION AND CONTROL OF COMMUNICABLE AND OTHER
INFECTIOUS DISEASES.
§16-3-4a. Compulsory testing for tuberculosis of school children
and school personnel; X rays required for reactors; suspension from school or employment for pupils and personnel found to have tuberculosis in a communicable stage.
All prekindergarten, kindergarten, pupils and all first
grade pupils who have not had an approved tuberculin skin test in
kindergarten and all students transferring from a school located
outside this state shall furnish a certificate from a licensed
physician stating that a tuberculin skin test approved by the
director of the department of health has been made within four
months prior to the beginning of the school year, unless such
pupil has moved to this state from another state less than four
months prior to starting the school year, in which even event
such pupil shall have such test as soon in advance of the start
of the school as is reasonable, or if the school year has already
started, the pupil shall take such test within one month of the
time he or she enters school. Test results must be recorded on
the certificate. Positive reactors to the skin test must be
immediately evaluated by a physician and, if medically indicated,
X rayed, and receive periodic X rays thereafter, when medically
indicated. Pupils found to have tuberculosis in a communicable
stage will not be allowed to attend school until their disease
has been arrested and is no longer communicable.
All school personnel shall have an approved tuberculin skin
test at time of employment and once every two years or more
frequently if medically indicated. Positive reactors to the skin
test are to be immediately referred to a physician for evaluation and indicated treatment or further studies. The county health
officer shall be responsible for arranging proper follow-up of
school personnel and students who are unable to obtain physician
evaluation for a converted tuberculin skin test. School
personnel found to have tuberculosis in a communicable stage
shall have their employment discontinued or suspended until their
disease has been arrested and is no longer communicable. School
personnel who have not had the required examination will be
suspended from employment until reports of examination are
confirmed.
NOTE: The purpose of this bill is to eliminate the
retesting for tuberculosis of kindergarten pupils who were
previously tested on enrollment in prekindergarten solely because
of the present language of the statute.
Strike-throughs indicate language which would be stricken
from the present law, and underscoring indicates new language
which would be added.