California TB Legal Resources
1. California law requires that school staff and volunteers working with children and community college students be free of infectious tuberculosis (TB) disease.
Updated laws reflect current federal Centers for Disease Control and Prevention (CDC) recommendations. Enacted laws, AB 1667, updated 2014, effective on January 1, 2015, SB 792, November 2015, effective on September 1, 2016, and SB 1038, June 2012, effective on January 1, 2017, require a TB risk assessment be administered, and if risk factors are identified, a TB test and examination be performed by a health care provider to determine that the person is free of infectious TB disease. The use of the TB risk assessment and the Certificate of Completion, developed by the California Department of Public Health (CDPH) and California TB Controllers Association (CTCA) are also required.
2. Familiarize yourself with the Responsibilities of Public Health Departments to Control Tuberculosis, June 2013
3. Health & Safety Code Sections
Below are additional California laws and regulations pertaining to TB and resources developed by CTCA and CDPH. Contact your local county counsel for assistance in interpreting and applying state law and regulations.
101029 & 120100 – Health Officer
June 2013 California Department of Public Health (All Facilities Letter) Regulatory Changes to Tuberculosis Screening and Testing, Office of Administrative Law has approved this regulatory action pursuant to section 11349.3.
Effective May 30th, 2013, health facilities no longer are required to submit program flexibility for TB screening tests that are licensed by the Federal Food and Drug Administration (FDA) and recommended by the Centers for Disease Control (CDC). Program flexibility is still required if using a test that is outside of FDA or CDC recommendations. For your convenience, the updated portions of Title 22 CCR have been attached.
120125 – Examination into causes of communicable disease
120175 – Health officer mandate to prevent spread of communicable diseases
120275 – Noncompliance with department rules
121350 – Maintenance of program
121360 – TB expenditures
4. TB Reporting:
California Code of Regulations:
Section 2500
Section 2501 – Investigation of reported case
Section 2502 – Local health
Section 2505
5. HS Code Section:
6. Orders to Patients
Civil Detention
121358
121369 – Language interpreters; prohibition against forcible administration of medication; delegation of authority to make
Refer to http://changelabsolutions.org/tb-control-and-law for resource materials such as the Model Civil Detention Order and frequently asked questions on civil vs. criminal commitment.
7. HS Code Section:
121360.5 – Tuberculin skin test technicians
TST Training Curriculum (under review)