Section 1796.45 Of Article 8. Affiliated Home Care Aides From California Health And Safety Code >> Division 2. >> Chapter 13. >> Article 8.
1796.45
. (a) Affiliated home care aides hired on or after January
1, 2016, shall submit to an examination 90 days prior to employment,
or within seven days after employment, to determine that the
individual is free of active tuberculosis disease.
(b) For purposes of this section, "examination" means 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) and, if that test is positive, an
X-ray of the lungs. The aide shall not work as an affiliated home
care aide unless the licensee obtains documentation from a licensed
medical professional that there is no risk of spreading the disease.
(c) After submitting to an examination, an affiliated home care
aide whose test for tuberculosis infection is negative shall be
required to undergo an examination at least once every two years.
Once an affiliated home care aide has a documented positive test for
tuberculosis infection that has been followed by an X-ray, the
examination is no longer required.
(d) After each examination, an affiliated home care aide shall
submit, and the home care organization shall keep on file, a
certificate from the examining practitioner showing that the
affiliated home care aide was examined and found free from active
tuberculosis disease.
(e) The examination is a condition of initial and continuing
employment with the home care organization.
(f) An affiliated home care aide who transfers employment from one
home care organization to another shall be deemed to meet the
requirements of subdivision (a) or (c) if the affiliated home care
aide can produce a certificate showing that he or she submitted to
the examination within the past two years and was found to be free of
active tuberculosis disease, or if it is verified by the home care
organization previously employing him or her that it has a
certificate on file that contains that showing and a copy of the
certificate is provided to the new home care organization prior to
the affiliated home care aide beginning employment.