California Code of Regulations
Title 22 - Social Security
Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies
Chapter 1 - General Acute Care Hospitals
Article 7 - Administration
Section 70723 - Employee Health Examinations and Health Records

Universal Citation: 22 CA Code of Regs 70723

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Personnel evidencing signs or symptoms indicating the presence of an infectious disease shall be medically screened prior to having patient contact. Those employees determined to have infectious potential as defined by the Infection Control Committee shall be denied or removed from patient contact until it has been determined that the individual is no longer infectious.

(b) A health examination, performed by a person lawfully authorized to perform such an examination, shall be required as a requisite for employment and must be performed within one week after employment. Written examination reports, signed by the person performing the examination, shall verify that employees are able to perform assigned duties.

(1) Initial examination for tuberculosis 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.

(2) 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.

(3) An annual tuberculosis test 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 tuberculosis test result, a chest X-ray shall be obtained.

(4) Less frequent testing for tuberculosis, but never less than every four years, may be adopted as hospital policy when documented in writing as approved by the Infection Control Committee, the medical staff and the health officer of the health jurisdiction in which the facility is located.

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

(d) Personnel shall be made aware of recommended vaccinations for preventable diseases that can be prevented by vaccination.

1. Amendment of subsection (b) filed 3-13-80; effective thirtieth day thereafter (Register 80, No. 11).
2. Amendment filed 6-15-89 as an emergency; operative 6-15-89 (Register 89, No. 25). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-13-89.
3. Certificate of Compliance as to 6-15-89 order transmitted to OAL on 10-13-89 and disapproved by OAL on 11-13-89 (Register 89, No. 46).
4. Amendment refiled 11-16-89 as an emergency; operative 11-16-89 (Register 89, No. 46). A Certificate of Compliance must be transmitted to OAL within 120 days or the section will be reinstated as it existed prior to the emergency on 3-16-90.
5. Certificate of Compliance as to 11-16-89 order including amendment of subsections (a), (b) and (d) transmitted to OAL 3-15-90 and filed 4-16-90 (Register 90, No. 17).
6. Amendment of subsections (b)(1)-(3) and amendment of NOTE filed 5-30-2013; operative 5-30-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 22).

Note: Authority cited: Sections 1275, 121357 and 131200, Health and Safety Code. Reference: Sections 1250, 1276, 121362, 131050, 131051 and 131052, Health and Safety Code.

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