§ 79795. Employee Health Examinations and Health Records.

(a) A health examination, performed by a person lawfully authorized to perform such an examination shall be performed as a prerequisite for employment within ninety (90) days prior to employment or within one (1) week after employment. Written examination reports, signed by the person performing the examination, shall verify that employees are able to perform assigned duties and do not have any health conditions that would create a hazard for the employee, fellow employees, patients or visitors.

(b) The initial health examination shall include a test for tuberculosis infection that is recommended by the federal Centers for Disease Control and Prevention (CDC) and licensed by the federal Food and Drug Administration (FDA). If the result is positive, a chest X-ray shall be obtained. If a person has a previously documented positive tuberculosis test result, a test for tuberculosis infection need not be done but a baseline chest X-ray shall be obtained.

(1) Policies and procedures that address the identification, employment utilization and medical referral of persons with positive tuberculosis tests, including those who have converted from negative to positive, shall be written and implemented.

(2) An annual test for tuberculosis shall be performed on those individuals with a previously documented negative tuberculosis test. If an individual with a previously documented negative tuberculosis test has a subsequent positive result, a chest X-ray shall be obtained.

(c) Employee health records shall be maintained by the facility, and shall include the records of all required health examinations. Such records shall be kept for a minimum of three (3) years following termination of employment.

HISTORY

1. New section filed 6-10-94; operative 1-1-96 pursuant to Health and Safety Code section 1250 (Register 94, No. 23).

2. Amendment of subsections (b)-(b)(2) and Note filed 5-30-2013; operative 5-30-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 22).

Note

Note: Authority cited: Sections 1275, 121357 and 131200, Health and Safety Code. Reference: Sections 1250(j), 1254, 121362, 131050, 131051 and 131052, Health and Safety Code.