2006 Minnesota Statutes

144.441 TUBERCULOSIS SCREENING IN SCHOOLS.
    Subdivision 1. Definitions. As used in sections 144.441 to 144.444, the following terms have
the meanings given them:
(a) "Person employed by a school or school district" means a person employed by a school,
school district, or by a service cooperative as a member of the instructional, supervisory, or support
staff including, but not limited to, superintendents, principals, supervisors, teachers, librarians,
counselors, school psychologists, school nurses, school social workers, audiovisual directors or
coordinators, recreation personnel, media generalists or supervisors, speech therapists, athletic
coaches, teachers' aids, clerical workers, custodians, school bus drivers, and food service workers.
(b) "Person enrolled in a school" means a person enrolled in grades kindergarten through 12
and a disabled child receiving special instruction and services in a school.
(c) "School" includes any public elementary, middle, secondary, or vocational center school
as defined in section 120A.05, subdivisions 9, 11, 13, and 17, or nonpublic school, church, or
religious organization in which a child is provided instruction in compliance with sections
120A.22 and 120A.24.
    Subd. 2. Designation of schools. Based on the occurrence of active tuberculosis or evidence
of a higher than expected prevalence of tuberculosis infection in the population attending or
employed by one or more schools in a school district, the commissioner of health may designate
schools or a school district in which screening of some or all persons enrolled in or employed
by the school or school district for tuberculosis is a necessary public health measure. In making
the designation, the commissioner shall also determine the frequency with which proof of
screening must be submitted. In determining whether the population attending or employed by
a school or school district has a higher than expected prevalence of tuberculosis infection, the
commissioner shall consider factors such as race or ethnicity, age, and the geographic location
of residence of the student population; the expected background prevalence of tuberculosis
infection in the community; and currently accepted public health standards pertaining to the
control of tuberculosis.
    Subd. 3. Screening of students. As determined by the commissioner under subdivision 2, no
person may enroll or remain enrolled in any school which the commissioner has designated under
subdivision 2 until the person has submitted to the administrator or other person having general
control and supervision of the school, one of the following statements:
(1) a statement from a physician or public clinic stating that the person has had a negative
Mantoux test reaction within the past year, provided that the person has no symptoms suggestive
of tuberculosis or evidence of a new exposure to active tuberculosis;
(2) a statement from a physician or public clinic stating that a person who has a positive
Mantoux test reaction has had a negative chest roentgenogram (X-ray) for tuberculosis within the
past year, provided that the person has no symptoms suggestive of tuberculosis or evidence of a
new exposure to active tuberculosis;
(3) a statement from a physician or public health clinic stating that the person (i) has a
history of adequately treated active tuberculosis; (ii) is currently receiving tuberculosis preventive
therapy; (iii) is currently undergoing therapy for active tuberculosis and the person's presence in a
school building will not endanger the health of other people; or (iv) has completed a course of
tuberculosis preventive therapy or was intolerant to preventive therapy, provided the person has
no symptoms suggestive of tuberculosis or evidence of a new exposure to active tuberculosis; or
(4) a notarized statement signed by the minor child's parent or guardian or by the emancipated
person stating that the person has not submitted the proof of tuberculosis screening as required by
this subdivision because of the conscientiously held beliefs of the parent or guardian of the minor
child or of the emancipated person. This statement must be forwarded to the commissioner.
    Subd. 4. Screening of employees. As determined by the commissioner under subdivision 2,
a person employed by the designated school or school district shall submit to the administrator or
other person having general control and supervision of the school one of the following:
(1) a statement from a physician or public clinic stating that the person has had a negative
Mantoux test reaction within the past year, provided that the person has no symptoms suggestive
of tuberculosis or evidence of a new exposure to active tuberculosis;
(2) a statement from a physician or public clinic stating that a person who has a positive
Mantoux test reaction has had a negative chest roentgenogram (X-ray) for tuberculosis within the
past year, provided that the person has no symptoms suggestive of tuberculosis or evidence of a
new exposure to active tuberculosis;
(3) a statement from a physician or public health clinic stating that the person (i) has a
history of adequately treated active tuberculosis; (ii) is currently receiving tuberculosis preventive
therapy; (iii) is currently undergoing therapy for active tuberculosis and the person's presence in a
school building will not endanger the health of other people; or (iv) has completed a course of
preventive therapy or was intolerant to preventive therapy, provided the person has no symptoms
suggestive of tuberculosis or evidence of a new exposure to active tuberculosis; or
(4) a notarized statement signed by the person stating that the person has not submitted the
proof of tuberculosis screening as required by this subdivision because of conscientiously held
beliefs. This statement must be forwarded to the commissioner of health.
    Subd. 5. Exceptions. Subdivisions 3 and 4 do not apply to:
(1) a person with a history of either a past positive Mantoux test reaction or active
tuberculosis who has a documented history of completing a course of tuberculosis therapy or
preventive therapy when the school or school district holds a statement from a physician or public
health clinic indicating that such therapy was provided to the person and that the person has no
symptoms suggestive of tuberculosis or evidence of a new exposure to active tuberculosis; and
(2) a person with a history of a past positive Mantoux test reaction who has not completed a
course of preventive therapy. This determination shall be made by the commissioner based on
currently accepted public health standards and the person's health status.
    Subd. 6. Programs using school facilities. The commissioner may require the statements
described in subdivisions 3 and 4 to be submitted by participants or staff of a program or activity
that uses the facilities of a school or school district on a regular and ongoing basis, if the
commissioner has determined that tuberculosis screening is necessary.
    Subd. 7. Implementation. The administrator or other person having general control and
supervision of the school or school district designated by the commissioner under subdivision 2
shall take the measures that are necessary, including the exclusion of persons from the premises of
a school, to obtain the proof of screening required by subdivisions 3 and 4.
    Subd. 8. Access to records. The commissioner shall have access to any school or school
district records, including health records of persons enrolled in or employed by a school or school
district, that are needed to determine whether a tuberculosis screening program is necessary, or
to administer a screening program.
    Subd. 9. Reports. The administrator or other person having general control and supervision
of a school or school district that the commissioner has designated under subdivision 2 shall
provide the commissioner with any reports determined by the commissioner to be necessary
to implement a screening or control program or to evaluate the need for further tuberculosis
screening or control efforts in a school.
    Subd. 10. Waiver. The commissioner may waive any portion of the requirements of
subdivisions 3 to 9 if the commissioner determines that it is not necessary in order to protect
the public health.
History: 1993 c 167 s 2; 1996 c 305 a 1 s 138; 1998 c 397 art 11 s 3; 2005 c 56 s 1