Section 44839 Of Article 2. Employment From California Education Code >> Division 3. >> Title 2. >> Part 25. >> Chapter 4. >> Article 2.
44839
. (a) When a school district or a county superintendent of
schools wishes to employ a person in a position requiring
certification qualifications and that person has not previously been
employed in a position requiring certification qualifications in this
state, the district or county superintendent shall require a medical
certificate in such form as shall be prescribed by the state board
showing that the applicant is free from any disabling disease
unfitting the applicant to instruct or associate with children. The
medical certificate shall be submitted directly to the governing
board or county superintendent by a physician and surgeon licensed
under the Business and Professions Code, a physician assistant
practicing in compliance with Chapter 7.7 (commencing with Section
3500) of Division 2 of the Business and Professions Code, a licensed
advanced practice registered nurse acting pursuant to standardized
procedures and protocols in compliance with Chapter 6 (commencing
with Section 2700) of Division 2 of the Business and Professions
Code, or a commissioned medical officer exempted from licensure
pursuant to federal law. The medical examination shall have been
conducted not more than six months before the submission of the
certificate and shall be at the expense of the applicant. A governing
board or county superintendent may offer a contract of employment to
an applicant subject to the submission of the required medical
certificate. Notwithstanding Section 44031, the medical certificate
shall become a part of the personnel record of the employee and shall
be open to the employee or his or her designee.
(b) The governing board of a school district or a county
superintendent of schools may require certificated employees to
undergo a periodic medical examination by a physician and surgeon
licensed under the Business and Professions Code, a physician
assistant practicing in compliance with Chapter 7.7 (commencing with
Section 3500) of Division 2 of the Business and Professions Code, a
licensed advanced practice registered nurse acting pursuant to
standardized procedures and protocols in compliance with Chapter 6
(commencing with Section 2700) of Division 2 of the Business and
Professions Code, or a commissioned medical officer exempted from
licensure pursuant to federal law, to determine that the employee is
free from any communicable disease unfitting the applicant to
instruct or associate with children. The periodic medical examination
shall be at the expense of the school district or county
superintendent. The medical certificate shall become a part of the
personnel record of the employee and shall be open to the employee or
his or her designee.
(c) The state board shall adopt rules and regulations relating to
the implementation and administration of this section.