2015 - 2016 LEGISLATURE
March 29, 2016 - Introduced by Representatives Genrich, Considine and Pope.
Referred to Committee on Health.
AB1018,1,3 1An Act to renumber and amend 118.25 (1); to amend 118.25 (2), 118.25 (5) and
2118.25 (6); and to create 118.25 (1) (a) of the statutes; relating to: screening
3school district employees for tuberculosis.
Analysis by the Legislative Reference Bureau
This bill requires a school board other than the school board of the Milwaukee
Public School District to, with limited exceptions, condition employment in the
school district on the completion of a health examination that includes a screening
questionnaire for tuberculosis. Current law requires such a school district to
condition employment on a physical examination that includes a chest X-ray or a
tuberculin test. 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:
AB1018,1 4Section 1. 118.25 (1) of the statutes is renumbered 118.25 (1) (intro.) and
5amended to read:
AB1018,1,66 118.25 (1) (intro.) In this section "school:
1(b) "School employee" means a person employed by a school board who comes
2in contact with children or who handles or prepares food for children while they are
3under the supervision of school authorities.
AB1018,2 4Section 2. 118.25 (1) (a) of the statutes is created to read:
AB1018,2,65 118.25 (1) (a) "Practitioner" means a person licensed as a physician in any state
6or licensed or certified as an advanced practice nurse prescriber in any state.
AB1018,3 7Section 3. 118.25 (2) of the statutes is amended to read:
AB1018,3,28 118.25 (2) (a) As Subject to par. (b), a school board other than the school board
9of a 1st class city school district shall, as
a condition of employment, the school board,
10except in 1st class cities, shall
require a physical health examination, including a
11chest X-ray or tuberculin test,
of every school employee of the school district. The
12school board shall ensure that the health examination includes a screening
13questionnaire for tuberculosis approved by the department of health services and,
14if indicated, a test to determine the presence or absence of tuberculosis in a
15communicable form.
Freedom from tuberculosis in a communicable form is a
16condition of employment. In the case of a new school employee, the school board may
17permit the school employee to submit proof of an examination, chest X-ray or
18tuberculin test complying with this section which was taken within the past 90 days
19in lieu of requiring such examination, X-ray or test. If the reaction to the tuberculin
20test is positive, a chest X-ray shall be required. Additional physical
The school board
21shall require additional health
examinations shall be required thereafter of school
22board employees
at intervals determined by the school board. The school employee
23shall be examined by a physician
A practitioner in the employ of or under contract
24with the school district, but if a physician is not employed or under contract, the

1examination shall be made by a physician selected by the school employee
2review the health examinations under this paragraph
AB1018,3,143 (b) Such physical The school board may not require health examinations, chest
4X-rays or tuberculin tests shall not be required
of any school employee who files with
5the school board an affidavit setting forth that the employee depends exclusively
6upon prayer or spiritual means for healing in accordance with the teachings of a bona
7fide religious sect, denomination, or organization and that the employee is to the best
8of the employee's knowledge and belief in good health and that the employee claims
9exemption from health examination on these grounds. Notwithstanding the filing
10of such affidavit, if there is reasonable cause to believe that such employee is
11suffering from an illness detrimental to the health of the pupils, the school board may
12require a health examination of such school employee sufficient to indicate whether
13or not such school employee is suffering from such an illness. No school employee
14may be discriminated against by reason of the employee's filing such affidavit.
AB1018,4,215 (c) The physician making a physical practitioner performing the health
16examination under par. (a) shall prepare complete a report of the examination upon
17a standard form prepared by the department of health services and the department.
18Such report
. The practitioner shall be retained retain a copy of the report in the
his or her files and the physician shall make confidential
20recommendations therefrom to the school board and to the school employee on a form
21prepared by the department of health services and the department. The
22recommendation form shall contain space for a certificate that the person examined
23by the practitioner
is free from tuberculosis in a communicable form. The school
24board shall pay the
cost of such the health examinations required under par. (a),

1including X-rays and tuberculin tests, shall be paid if needed, out of school district
AB1018,4 3Section 4. 118.25 (5) of the statutes is amended to read:
AB1018,4,84 118.25 (5) As a condition of employment, special teachers, school psychologists,
5school social workers, cooperative educational service agency personnel , and other
6personnel working in public schools shall have physical health examinations under
7sub. (2). The employing school district or agency shall pay the cost of such
AB1018,5 9Section 5. 118.25 (6) of the statutes is amended to read:
AB1018,4,1210 118.25 (6) As a condition of employment, employees of the state superintendent
11whose work brings them into contact with school children or with school employees
12shall have physical health examinations under sub. (2).
AB1018,4,1313 (End)