§ 115C-323. Employee health certificate. - North Carolina Statutes

Article 22.

General Regulations.

Part1. Health Certificate.

§ 115C‑323.  Employee health certificate.

(a)        Any person initially employed in a public school orreemployed in a public school after an absence of more than one school yearshall provide to the superintendent a certificate certifying that the persondoes not have any physical or mental disease, including tuberculosis in thecommunicable form or other communicable disease, that would impair the person'sability to perform his or her duties effectively. A local board or asuperintendent may require any school employee to take a physical examinationwhen considered necessary.

Any public school employee who has been absent for more than 40successive school days because of a communicable disease shall, beforereturning to work, provide to the superintendent a certificate certifying thatthe individual is free from any communicable disease.

(b)        One of the following individuals shall prepare anycertificate required under this section:

(1)        A physician licensed to practice in North Carolina.

(2)        A nurse practitioner approved under G.S. 90‑18(14).

(3)        A physician's assistant licensed to practice in NorthCarolina.

(c)        Notwithstanding subsection (b) of this section, in the caseof a person initially employed in a public school, any of the following whoholds a current unrestricted license or registration in another state mayprepare the certificate so long as evidence of that license or registration ison the certificate:

(1)        A physician.

(2)        A nurse practitioner.

(3)        A physician's assistant.

(d)        The certificate shall be prepared on a form supplied by theSuperintendent of Public Instruction. The certificate shall be issued onlyafter a physical examination has been conducted, at the time of thecertification, in accordance with rules adopted by the Superintendent of PublicInstruction, with approval of the Secretary of Health and Human Services. Theserules may require an X‑ray chest examination for all new employees of thepublic school system.

(e)        It shall be the duty of the superintendent of the school inwhich the person is employed to enforce the provisions of this section. Anyperson violating any of the provisions of this section shall be guilty of aClass 1 misdemeanor. (1955, c. 1372, art. 17,s. 1; 1957, c. 1357, ss. 2, 14; 1973, c. 476, s. 128; 1975, c. 72; 1981, c.423, s. 1; 1985 (Reg. Sess., 1986), c. 975, s. 20; 1991, c. 342, s. 4; 1993, c.539, s. 886; 1994, Ex. Sess., c. 24, s. 14(c); 1997‑443, s. 11A.50; 2001‑118,s. 1.)