H. B. 4578
(By Delegates Compton, Hutchins and Leach)
(Originating in the House Committee on Health and
[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.
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
(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
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.