LRB-2199/2
TKK:jld&ahe
2017 - 2018 LEGISLATURE
June 8, 2017 - Introduced by Representatives Genrich, Jagler, Rohrkaste,
Crowley, Berceau, Kolste, Horlacher, Zepnick, Bowen, Jacque, Ohnstad
and Kremer, cosponsored by Senators Olsen and Hansen. Referred to
Committee on Education.
AB382,1,4 1An Act to renumber and amend 118.25 (1), 118.25 (2) (a) and 118.25 (2) (c); to
2amend
118.25 (2) (b); and to create 118.25 (1) (a), 118.25 (2) (a) 2. and 118.25
3(2) (c) 2. of the statutes; relating to: screening school district employees for
4tuberculosis.
Analysis by the Legislative Reference Bureau
This bill requires a school board, including the school board of the Milwaukee
Public School District, to, with limited exceptions, condition employment in the
school district on the completion of a physical examination that includes a screening
questionnaire for tuberculosis. The physical examination may be conducted by a
licensed physician, including a doctor of osteopathy, physician assistant, or advanced
practice nurse prescriber (practitioner). The practitioner must certify that the school
district employee appears to be free from tuberculosis in a communicable form.
Current law requires a school district other than the Milwaukee Public School
District to condition employment on a physical examination that includes a chest
X-ray or a tuberculin test. Current law also permits such a school district to require
additional physical examinations at intervals determined by the school district.
Under the bill, the school district, including MPS, may require a school district
employee to complete a screening questionnaire for tuberculosis at intervals
determined by the school board. If additional screening questionnaires are
administered, they may be administered by a school nurse or other registered nurse.

Under current law and this bill, freedom from tuberculosis in a communicable
form is a condition of employment.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB382,1 1Section 1. 118.25 (1) of the statutes is renumbered 118.25 (1) (intro.) and
2amended to read:
AB382,2,33 118.25 (1) (intro.) In this section “school:
AB382,2,6 4(b) “School employee" means a person employed by a school board who comes
5in contact with children or who handles or prepares food for children while they are
6under the supervision of school authorities.
AB382,2 7Section 2. 118.25 (1) (a) of the statutes is created to read:
AB382,2,118 118.25 (1) (a) “Practitioner" means a person licensed as a physician or as a
9physician assistant in any state or licensed or certified as an advanced practice nurse
10prescriber in any state. In this paragraph, “physician” has the meaning given in s.
11448.01 (5).
AB382,3 12Section 3. 118.25 (2) (a) of the statutes is renumbered 118.25 (2) (a) 1. and
13amended to read:
AB382,3,914 118.25 (2) (a) 1. As Subject to par. (b), a school board shall, as a condition of
15employment, the school board, except in 1st class cities, shall require a physical
16examination, including a chest X-ray or tuberculin test, of every school employee of
17the school district. The school board shall ensure that the physical examination
18includes a screening questionnaire for tuberculosis approved by the department of
19health services and, if indicated, a test to determine the presence or absence of
20tuberculosis in a communicable form.
Freedom from tuberculosis in a communicable
21form is a condition of employment. In the case of a new school employee, the school

1board may permit the school employee to submit proof of an examination, chest
2X-ray or tuberculin test complying with this section which was taken within the past
390 days in lieu of requiring such examination, X-ray or test. If the reaction to the
4tuberculin test is positive, a chest X-ray shall be required. Additional physical
5examinations shall be required thereafter at intervals determined by the school
6board.
The school employee shall be examined by a physician practitioner in the
7employ of or under contract with the school district, but if a physician practitioner
8is not employed or under contract, the examination shall be made by a physician
9practitioner selected by the school employee.
AB382,4 10Section 4. 118.25 (2) (a) 2. of the statutes is created to read:
AB382,3,1811 118.25 (2) (a) 2. The school board may require a school employee to complete
12additional health examinations, including physical examinations and an
13examination consisting of a screening questionnaire for tuberculosis approved by the
14department of health services, at intervals determined by the school board. A
15screening questionnaire administered as permitted under this subdivision may be
16administered by a school nurse or by a registered nurse selected by the school
17employee and licensed under s. 441.06 or in a party state, as defined in s. 441.50 (2)
18(j).
AB382,5 19Section 5. 118.25 (2) (b) of the statutes is amended to read:
AB382,4,720 118.25 (2) (b) Such The school board may not require physical examinations,
21chest X-rays or tuberculin tests shall not be required
of any school employee who
22files with the school board an affidavit setting forth that the employee depends
23exclusively upon prayer or spiritual means for healing in accordance with the
24teachings of a bona fide religious sect, denomination, or organization and that the
25employee is to the best of the employee's knowledge and belief in good health and that

1the employee claims exemption from health examination on these grounds.
2Notwithstanding the filing of such affidavit, if there is reasonable cause to believe
3that such employee is suffering from an illness detrimental to the health of the
4pupils, the school board may require a health examination of such school employee
5sufficient to indicate whether or not such school employee is suffering from such an
6illness. No school employee may be discriminated against by reason of the
7employee's filing such affidavit.
AB382,6 8Section 6. 118.25 (2) (c) of the statutes is renumbered 118.25 (2) (c) 1. and
9amended to read:
AB382,4,1910 118.25 (2) (c) 1. The physician making A practitioner performing a physical
11examination under par. (a) shall prepare complete a report of the examination upon
12a standard form prepared by the department of health services and the department.
13Such report
. The practitioner shall be retained retain a copy of the report in the
14physician's
his or her files and the physician shall make confidential
15recommendations therefrom to the school board and to the school employee on a form
16prepared by the department of health services and the department. The
17recommendation form shall contain space for a certificate that the person is
18examined by the practitioner appears to be free from tuberculosis in a communicable
19form.
AB382,4,22 203. The school board shall pay the cost of such the examinations required under
21par. (a)
, including X-rays and tuberculin tests, shall be paid if needed, out of school
22district funds.
AB382,7 23Section 7. 118.25 (2) (c) 2. of the statutes is created to read:
AB382,5,1224 118.25 (2) (c) 2. A registered nurse or school nurse administering a screening
25questionnaire under par. (a) 2. shall provide a copy of the screening questionnaire

1to the school board and shall make confidential recommendations therefrom to the
2school board and to the school employee on a form prepared by the department of
3health services. The screening questionnaire shall contain space for a certificate that
4the person examined by the registered nurse or school nurse does not have risk
5factors for tuberculosis. If tuberculosis risk factors are identified on the screening
6questionnaire, the registered nurse or school nurse shall recommend that the person
7receive a test from a practitioner to determine the presence or absence of tuberculosis
8a communicable form. If a test to determine the presence or absence of tuberculosis
9in a communicable form is recommended of the person, and if the test indicates the
10absence of tuberculosis in a communicable form, the practitioner who administers
11the test shall certify, on a form prepared by the department of health services, that
12the person appears to be free from tuberculosis in a communicable form.
AB382,5,1313 (End)
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