Session of 2000
Effective: July 1, 2000
HOUSE BILL No. 2701

      An Act concerning school districts; relating to persons authorized to sign certifications of
      health of employees; amending K.S.A. 1999 Supp. 72-5213 and repealing the existing
      section.


     
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 1999 Supp. 72-5213 is hereby amended to read as
follows: 72-5213. (a) Every board of education shall require all employ-
ees of the school district, who come in regular contact with the pupils of
the school district, to submit a certification of health signed by a person
licensed to practice medicine and surgery under the laws of any state on
a form prescribed by the secretary of health and environment and signed
by a person licensed to practice medicine and surgery under the laws of
any state, or by a person who is registered as a physician's assistant under
the laws of this state when such person is working at the direction of or
in collaboration with a person licensed to practice medicine and surgery,
or by a person holding a certificate of qualification to practice as an
advanced registered nurse practitioner under the laws of this state when
such person is working at the direction of or in collaboration with a person
licensed to practice medicine and surgery. The certification shall include
a statement that there is no evidence of physical condition that would
conflict with the health, safety, or welfare of the pupils; and that freedom
from tuberculosis has been established by chest x-ray or negative tuber-
culin skin test. If at any time there is reasonable cause to believe that any
such employee of the school district is suffering from an illness detri-
mental to the health of the pupils, the school board may require a new
certification of health.

      (b) Upon presentation of a signed statement by the employee of a
school district, to whom the provisions of subsection (a) apply, that the
employee is an adherent of a religious denomination whose religious
teachings are opposed to physical examinations, the employee shall be
permitted to submit, as an alternative to the certification of health re-
quired under subsection (a), certification signed by a person licensed to
practice medicine and surgery under the laws of any state, or by a person
who is registered as a physician's assistant under the laws of this state
when such person is working at the direction of or in collaboration with
a person licensed to practice medicine and surgery, or by a person holding
a certificate of qualification to practice as an advanced registered nurse
practitioner under the laws of this state when such person is working at
the direction of or in collaboration with a person licensed to practice
medicine and surgery that freedom of the employee from tuberculosis has
been established.

      (c) Every board of education may require persons, other than em-
ployees of the school district, to submit to the same certification of health
requirements as are imposed upon employees of the school district under
the provisions of subsection (a) if such persons perform or provide serv-
ices to or for a school district which require such persons to come in
regular contact with the pupils of the school district. No such person shall
be required to submit a certification of health if the person presents a
signed statement that the person is an adherent of a religious denomi-
nation whose religious teachings are opposed to physical examinations.
Such persons shall be permitted to submit, as an alternative to a certifi-
cation of health, certification signed by a person licensed to practice med-
icine and surgery under the laws of any state, or by a person who is
registered as a physician's assistant under the laws of this state when such
person is working at the direction of or in collaboration with a person
licensed to practice medicine and surgery, or by a person holding a cer-
tificate of qualification to practice as an advanced registered nurse prac-
titioner under the laws of this state when such person is working at the
direction of or in collaboration with a person licensed to practice medicine
and surgery that freedom of such persons from tuberculosis has been
established.

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

     Sec.  2. K.S.A. 1999 Supp. 72-5213 is hereby repealed.
     Sec.  3. This act shall take effect and be in force from and after its
publication in the statute book.