72-5213. Certification of health; form and contents; expense of obtaining; alternative certification.

72-5213

Chapter 72.--SCHOOLS
Article 52.--HEALTH PROGRAMS

      72-5213.   Certification of health; form andcontents; expense of obtaining;alternative certification.(a) Every board of education shall require all employeesof the school district, who come in regularcontact with the pupils of the school district, to submit a certificationof health on a form prescribed by thesecretary of health and environmentand signed by a person licensed to practicemedicine and surgery under the laws of any state,or by a person who is licensed as aphysician assistant under the lawsof this state when such person is working at the direction of or incollaboration with a person licensed to practice medicine and surgery,or by a person holding acertificate of qualification to practice as an advanced registered nursepractitioner under the laws of this state when such person is working at thedirection of or in collaboration with a person licensed to practice medicineand surgery. The certification shall include astatement that there is no evidence of physical condition that wouldconflict with the health, safety, or welfare of the pupils; and thatfreedom from tuberculosis has been established by chest x-ray ornegative tuberculin skin test. If at any time there isreasonable cause to believe that any such employee of theschool district is suffering from an illness detrimental tothe health of the pupils, the school board may require a new certification ofhealth.

      (b)   Upon presentation of a signed statement by the employee of a schooldistrict, to whom the provisions of subsection (a) apply, that theemployee is an adherentof a religious denomination whose religious teachings are opposed to physicalexaminations, the employeeshall be permitted to submit, as an alternative to the certification ofhealth required under subsection (a), certification signed by a person licensedto practice medicine and surgery under the laws of any state, or by a personwho is licensed as aphysician assistant under thelaws of this state when such person is working at the direction of or incollaboration with a person licensed to practice medicine and surgery,or by a person holding a certificate of qualification to practice as anadvanced registered nurse practitioner under the laws of this statewhen such person is working at the direction of or in collaboration with aperson licensed to practice medicine and surgerythat freedom of the employeefrom tuberculosis has been established.

      (c)   Every board of education may require persons, other than employees ofthe school district, to submit to the same certification of health requirementsas are imposed upon employees of the school district under the provisions ofsubsection (a) if such persons perform or provide services to or for a schooldistrict which require such persons to come in regular contact with the pupilsof the school district. No such person shall be required to submit acertification of health if the person presents a signed statement that theperson is an adherent of a religious denomination whose religious teachings areopposed to physical examinations. Such persons shall be permitted to submit,as an alternative to a certification of health, certification signed by aperson licensed to practice medicine and surgery under the laws of anystate, or by a person who is licensed as aphysician assistant under the lawsof this state when such person is working at the direction of or incollaboration with a person licensed to practice medicine and surgery,or by a person holding a certificate of qualification to practice as anadvanced registered nurse practitioner under the laws of this statewhen such person is working at the direction of or in collaboration with aperson licensed to practice medicine and surgerythat freedom of such persons from tuberculosis has been established.

      (d)   The expense of obtaining certifications of health and certifications offreedom from tuberculosis may be borne by the board of education.

      History:   L. 1963, ch. 358, § 2;L. 1974, ch. 300, § 1;L. 1975, ch. 370, § 1;L. 1980, ch. 219, § 1;L. 1999, ch. 116, § 50;L. 2000, ch. 13, § 1;L. 2004, ch. 117, § 14; July 1.