H. B. 4578


(By Delegates Compton, Hutchins and Leach)


(Originating in the House Committee on Health and

Human Resources)

[February 17, 2000]



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 testing for tuberculosis of school children and personnel.

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.

(a) All 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 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 enters school.
(b) Test results must be recorded on the certificate required by subsection (a). 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.
(c) 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.
 (d) 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 positive tuberculin skin test.
(e) The state commissioner of the bureau of public health shall have the authority to require selective testing of school children for tuberculosis when there is reason to believe that such children may have been exposed to the tuberculosis organism.