H. B. 2337
(By Delegates Manuel, Compton, Douglas, Doyle,
Trump and Leach)
[Introduced February 2, 1995; referred to the
Committee on Health and Human Resources.]
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 requiring
tuberculosis testing school personnel on an annual basis.
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 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 and human resources has been made within
four months prior to the beginning of the school year, unless
such the pupil has moved to this state from another state less
than four months prior to starting the school year, in which
event such the pupil shall have such the 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 the test
within one month of the time he 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 year 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 require TB testing for
school personnel on an annual basis. Current law requires such
testing once every two years.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language that would be added.