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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsOctober 2013

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14 DE Admin. Code 805
805 The School Health Tuberculosis (TB) Control Program
WHEREAS, the Secretary of the Department of Education ("the Secretary") has been charged by the Delaware legislature with the supervision and direction of the administration and operation of the Department of Education ("the Department"), 14 Del.C. §103(a); and
WHEREAS, the Department has been charged by the Delaware legislature to prescribe rules and regulations that, among other things, govern the physical inspection of and the protection of the health and physical welfare of public school students in the State, 14 Del.C. §122(b) (2); and
WHEREAS, the Department has promulgated a regulation which requires that School Staff and Extended Services Personnel provide the Tuberculosis Test results from a test administered within the past 12 months during the first 15 working days of employment, 14 DE Admin. Code 805.2; and
WHEREAS, the most widely used Tuberculosis Test is the tuberculin skin test ("TST") which is performed using purified protein derivative ("PPD"); and
WHEREAS, on September 5, 2013, the Department received information from the Delaware Department of Health and Social Services, Division of Public Health ("Public Health") that there is a current nationwide shortage of PPD which has begun to impact the Delaware supply and will affect the mandatory testing of all new employees; and
WHEREAS, Public Health has recommended alternatives procedures for the mandatory testing requirements of the School Health Tuberculosis Control Program until sufficient quantities of PPD solution are available in Delaware; and
WHEREAS, the Secretary finds that revision of regulation 14 DE Admin. Code 805 must occur on an emergency basis in order to properly protect the health and physical welfare of the public school students of the State until such time as sufficient supplies of PPD solution are available in Delaware; and
WHEREAS, the Secretary will accept, consider and respond to petitions by any interested person for the reconsideration or amendment of this regulation who addresses the same to the attention of Susan K. Haberstroh, MPA, Ed.D., Associate Secretary, Education Supports & Innovative Practices Branch, 401 Federal Street, Suite #2, Dover, DE 19901; and
WHEREAS, a copy of this Order will be submitted to the Registrar for publication in the next issue of the Delaware Register of Regulations;
NOW, THEREFORE, IT IS ORDERED this 16th day of September, 2013:
In accordance with the provisions of 29 Del.C. §10119(3), this Order shall be effective for 120 days from the date of execution.
SO ORDERED this 16th day of September, 2013.
“New School Enterer” means any child between the ages of one year and twenty one (21) years entering or being admitted to a Delaware public school for the first time, including but not limited to, foreign exchange students, immigrants, students from other states and territories, and children entering from nonpublic schools. For purposes of this regulation, “new school enterer” shall also include any child who is re-enrolled in a Delaware public school following travel or residency of one month in a location or facility identified by the Delaware Division of Public Health as an area at risk for tuberculosis exposure.
"School Staff and Extended Services Personnel" means all persons hired as full or part time employees in a public school. This includes, but is not limited to teachers, administrators, substitutes, contract employees, bus drivers and student teachers whether compensated or not.
"Tuberculosis Risk Assessment" means a formal assessment by a healthcare professional to determine possible tuberculosis exposure through the use of a health history or questionnaire.
"Tuberculosis Test" means a Mantoux skin test, Quantiferon Gold blood test, or other test approved by the Delaware Division of Public Health.
“Verification” means a documented evaluation of the individual’s disease status.
“Volunteers” mean those persons who give their time to help others for no monetary reward and who share the same air space with public school students and staff on a regularly scheduled basis.
2.2.1 If a school staff member or extended services staff member answers affirmatively to any of the questions in the Delaware Department of Education TB Health Questionnaire for School Employees he/she shall provide, within two (2) weeks, verification from a licensed health care provider or the Division of Public Health that the individual does not pose a threat of transmitting tuberculosis to students or other staff.
2.3 All documentation related to the School Health Tuberculosis (TB) Control Program shall be retained in the same manner as other confidential personnel medical information.
3.1 Volunteers shall complete the Delaware Department of Education’s TB Health Questionnaire for Volunteers in Public Schools prior to their assignment and every fifth year thereafter.
4.1.1 If the new school enterer is in compliance with the other school entry health requirements, a school nurse who is trained in the use of the Delaware Department of Education TB Risk Assessment Questionnaire for Students may administer the questionnaire to the student’s parent(s), guardian(s) or Relative Caregiver or to a new school enterer who has reached the statutory age of majority (18).
4.1.1.1 If a student’s parent(s), guardian(s) or Relative Caregiver or a student 18 years or older answers affirmatively to any of the questions, he/she shall, within two (2) weeks, provide proof of tuberculosis testing results or provide verification from a licensed health care provider or the Division of Public Health that the student does not pose a threat of transmitting tuberculosis to staff or other students.
Last Updated: December 31 1969 19:00:00.
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