As Reported by the House Health and Aging Committee

130th General Assembly
Regular Session
2013-2014
Sub. H. B. No. 536


Representatives Smith, Antonio 

Cosponsors: Representatives Letson, Pillich, Stebelton, Fedor, Brown, Sprague 

A BILL
To amend sections 5104.015, 5104.017, and 5104.018 1
and to enact section 5104.014 of the Revised Code 2
to require children enrolled in licensed child 3
care facilities to be immunized against specified 4
diseases, subject to certain exceptions.5


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1.  That sections 5104.015, 5104.017, and 5104.018 be 6
amended and section 5104.014 of the Revised Code be enacted to 7
read as follows:8

       Sec. 5104.014.  (A) As used in this section:9

       (1) "Child" includes both of the following:10

       (a) An infant, toddler, or preschool age child;11

       (b) A school-age child who is enrolled in a child day-care 12
center, type A family day-care home, or licensed type B family 13
day-care home but is not enrolled in a public or nonpublic school.14

        (2) "In the process of being immunized" means having received 15
at least the first dose of an immunization sequence and complying 16
with the immunization intervals or catch-up schedule prescribed by 17
the director of health.18

        (B) Except as provided in division (C) of this section, not 19
later than thirty days after enrollment in a child day-care 20
center, type A family day-care home, or licensed type B family 21
day-care home and every thirteen months thereafter while enrolled 22
in the center or home, each child's caretaker parent shall present 23
written evidence to the center or home that the child has been 24
immunized against or is in the process of being immunized against 25
all of the following diseases:26

        (1) Chicken pox;27

       (2) Diphtheria;28

        (3) Haemophilus influenzae type b;29

       (4) Hepatitis A;30

        (5) Hepatitis B;31

        (6) Influenza;32

        (7) Measles;33

       (8) Mumps;34

        (9) Pertussis;35

        (10) Pneumococcal disease;36

        (11) Poliomyelitis;37

       (12) Rotavirus;38

        (13) Rubella;39

        (14) Tetanus.40

       (C)(1) A child is not required to be immunized against a 41
disease specified in division (B) of this section if the child's 42
physician, advanced practice registered nurse, or physician 43
assistant certifies in writing any of the following:44

       (a) That immunization against the disease is medically 45
contraindicated for the child;46

       (b) That the parent or guardian has declined to have the 47
child immunized against the disease for reasons of conscience, 48
including religious convictions;49

       (c) That immunization against the disease is not medically 50
appropriate for the child's age.51

       (2) In the case of influenza, a child is not required to be 52
immunized against the disease if the child's physician, advanced 53
practice registered nurse, or physician assistant certifies in 54
writing that the seasonal vaccine is not available.55

       Sec. 5104.015.  The director of job and family services shall 56
adopt rules in accordance with Chapter 119. of the Revised Code 57
governing the operation of child day-care centers, including 58
parent cooperative centers, part-time centers, drop-in centers, 59
and school-age child care centers. The rules shall reflect the 60
various forms of child care and the needs of children receiving 61
child care or publicly funded child care and shall include 62
specific rules for school-age child care centers that are 63
developed in consultation with the department of education. The 64
rules shall not require an existing school facility that is in 65
compliance with applicable building codes to undergo an additional 66
building code inspection or to have structural modifications. The 67
rules shall include the following:68

       (A) Submission of a site plan and descriptive plan of 69
operation to demonstrate how the center proposes to meet the 70
requirements of this chapter and rules adopted pursuant to this 71
chapter for the initial license application;72

       (B) Standards for ensuring that the physical surroundings of 73
the center are safe and sanitary including the physical 74
environment, the physical plant, and the equipment of the center;75

       (C) Standards for the supervision, care, and discipline of 76
children receiving child care or publicly funded child care in the 77
center;78

       (D) Standards for a program of activities, and for play 79
equipment, materials, and supplies, to enhance the development of 80
each child; however, any educational curricula, philosophies, and 81
methodologies that are developmentally appropriate and that 82
enhance the social, emotional, intellectual, and physical 83
development of each child shall be permissible. As used in this 84
division, "program" does not include instruction in religious or 85
moral doctrines, beliefs, or values that is conducted at child 86
day-care centers owned and operated by churches and does include 87
methods of disciplining children at child day-care centers.88

       (E) Admissions policies and procedures, health;89

       (F) Health care policies and procedures, including procedures 90
for the isolation of children with communicable diseases, first;91

       (G) First aid and emergency procedures, procedures;92

       (H) Procedures for discipline and supervision of children, 93
standards;94

       (I) Standards for the provision of nutritious meals and 95
snacks, and procedures;96

       (J) Procedures for screening children and employees, that may 97
include any necessary physical examinations and shall include98
immunizations in accordance with section 5104.014 of the Revised 99
Code;100

       (F)(K) Procedures for screening employees that may include 101
any necessary physical examinations and immunizations;102

       (L) Methods for encouraging parental participation in the 103
center and methods for ensuring that the rights of children, 104
parents, and employees are protected and that responsibilities of 105
parents and employees are met;106

       (G)(M) Procedures for ensuring the safety and adequate 107
supervision of children traveling off the premises of the center 108
while under the care of a center employee;109

       (H)(N) Procedures for record keeping, organization, and 110
administration;111

       (I)(O) Procedures for issuing, denying, and revoking a 112
license that are not otherwise provided for in Chapter 119. of the 113
Revised Code;114

       (J)(P) Inspection procedures;115

       (K)(Q) Procedures and standards for setting initial license 116
application fees;117

       (L)(R) Procedures for receiving, recording, and responding to 118
complaints about centers;119

       (M)(S) Procedures for enforcing section 5104.04 of the 120
Revised Code;121

       (N)(T) A standard requiring the inclusion of a current 122
department of job and family services toll-free telephone number 123
on each center provisional license or license which any person may 124
use to report a suspected violation by the center of this chapter 125
or rules adopted pursuant to this chapter;126

       (O)(U) Requirements for the training of administrators and 127
child-care staff members in first aid, in prevention, recognition, 128
and management of communicable diseases, and in child abuse 129
recognition and prevention. Training requirements for child 130
day-care centers adopted under this division shall be consistent 131
with sections 5104.034 and 5104.037 of the Revised Code.132

       (P)(V) Standards providing for the special needs of children 133
who are handicapped or who require treatment for health conditions 134
while the child is receiving child care or publicly funded child 135
care in the center;136

       (Q)(W) A procedure for reporting of injuries of children that 137
occur at the center;138

       (R)(X) Standards for licensing child day-care centers for 139
children with short-term illnesses and other temporary medical 140
conditions;141

       (S)(Y) Any other procedures and standards necessary to carry 142
out the provisions of this chapter regarding child day-care 143
centers.144

       Sec. 5104.017. The director of job and family services shall 145
adopt rules pursuant to Chapter 119. of the Revised Code governing 146
the operation of type A family day-care homes, including parent 147
cooperative type A homes, part-time type A homes, drop-in type A 148
homes, and school-age child type A homes. The rules shall reflect 149
the various forms of child care and the needs of children 150
receiving child care. The rules shall include the following: 151

       (A) Submission of a site plan and descriptive plan of 152
operation to demonstrate how the type A home proposes to meet the 153
requirements of this chapter and rules adopted pursuant to this 154
chapter for the initial license application;155

       (B) Standards for ensuring that the physical surroundings of 156
the type A home are safe and sanitary, including the physical 157
environment, the physical plant, and the equipment of the type A 158
home; 159

       (C) Standards for the supervision, care, and discipline of 160
children receiving child care or publicly funded child care in the 161
type A home; 162

       (D) Standards for a program of activities, and for play 163
equipment, materials, and supplies, to enhance the development of 164
each child; however, any educational curricula, philosophies, and 165
methodologies that are developmentally appropriate and that 166
enhance the social, emotional, intellectual, and physical 167
development of each child shall be permissible;168

       (E) Admissions policies and procedures, health;169

       (F) Health care policies and procedures, including procedures 170
for the isolation of children with communicable diseases, first;171

       (G) First aid and emergency procedures, procedures;172

       (H) Procedures for discipline and supervision of children, 173
standards;174

       (I) Standards for the provision of nutritious meals and 175
snacks, and procedures;176

       (J) Procedures for screening children and employees, 177
including any necessary physical examinations and the178
immunizations required pursuant to section 5104.014 of the Revised 179
Code; 180

       (F)(K) Procedures for screening employees, including any 181
necessary physical examinations and immunizations;182

       (L) Methods for encouraging parental participation in the 183
type A home and methods for ensuring that the rights of children, 184
parents, and employees are protected and that the responsibilities 185
of parents and employees are met;186

       (G)(M) Procedures for ensuring the safety and adequate 187
supervision of children traveling off the premises of the type A 188
home while under the care of a type A home employee;189

       (H)(N) Procedures for record keeping, organization, and 190
administration; 191

       (I)(O) Procedures for issuing, denying, and revoking a 192
license that are not otherwise provided for in Chapter 119. of the 193
Revised Code; 194

       (J)(P) Inspection procedures; 195

       (K)(Q) Procedures and standards for setting initial license 196
application fees;197

       (L)(R) Procedures for receiving, recording, and responding to 198
complaints about type A homes; 199

       (M)(S) Procedures for enforcing section 5104.04 of the 200
Revised Code; 201

       (N)(T) A standard requiring the inclusion of a current 202
department of job and family services toll-free telephone number 203
on each type A home license that any person may use to report a 204
suspected violation by the type A home of this chapter or rules 205
adopted pursuant to this chapter; 206

       (O)(U) Requirements for the training of administrators and 207
child-care staff members in first aid, in prevention, recognition, 208
and management of communicable diseases, and in child abuse 209
recognition and prevention; 210

       (P)(V) Standards providing for the special needs of children 211
who are handicapped or who require treatment for health conditions 212
while the child is receiving child care or publicly funded child 213
care in the type A home; 214

       (Q)(W) Standards for the maximum number of children per 215
child-care staff member; 216

       (R)(X) Requirements for the amount of usable indoor floor 217
space for each child;218

       (S)(Y) Requirements for safe outdoor play space;219

       (T)(Z) Qualifications and training requirements for 220
administrators and for child-care staff members;221

       (U)(AA) Procedures for granting a parent who is the 222
residential parent and legal custodian, or a custodian or guardian 223
access to the type A home during its hours of operation; 224

       (V)(BB) Standards for the preparation and distribution of a 225
roster of parents, custodians, and guardians;226

       (W)(CC) Any other procedures and standards necessary to carry 227
out the provisions of this chapter regarding type A homes.228

       Sec. 5104.018.  The director of job and family services shall 229
adopt rules in accordance with Chapter 119. of the Revised Code 230
governing the licensure of type B family day-care homes. The rules 231
shall provide for safeguarding the health, safety, and welfare of 232
children receiving child care or publicly funded child care in a 233
licensed type B family day-care home and shall include all of the 234
following:235

       (A) Requirements for the type B home to notify parents with 236
children in the type B home that the type B home is certified as a 237
foster home under section 5103.03 of the Revised Code. 238

       (B) Standards for ensuring that the type B home and the 239
physical surroundings of the type B home are safe and sanitary, 240
including physical environment, physical plant, and equipment; 241

       (C) Standards for the supervision, care, and discipline of 242
children receiving child care or publicly funded child care in the 243
home; 244

       (D) Standards for a program of activities, and for play 245
equipment, materials, and supplies to enhance the development of 246
each child; however, any educational curricula, philosophies, and 247
methodologies that are developmentally appropriate and that 248
enhance the social, emotional, intellectual, and physical 249
development of each child shall be permissible;250

       (E) Admission policies and procedures, health;251

       (F) Health care, first aid and emergency procedures, 252
procedures;253

       (G) Procedures for the care of sick children, procedures;254

       (H) Procedures for discipline and supervision of children, 255
nutritional;256

       (I) Nutritional standards, and procedures;257

       (J) Procedures for screening children and administrators, 258
including any necessary physical examinations and the259
immunizations required pursuant to section 5104.014 of the Revised 260
Code; 261

       (F)(K) Procedures for screening administrators, including any 262
necessary physical examinations and immunizations;263

       (L) Methods of encouraging parental participation and 264
ensuring that the rights of children, parents, and administrators 265
are protected and the responsibilities of parents and 266
administrators are met; 267

       (G)(M) Standards for the safe transport of children when 268
under the care of administrators; 269

       (H)(N) Procedures for issuing, denying, or revoking licenses; 270

       (I)(O) Procedures for the inspection of type B homes that 271
require, at a minimum, that each type B home be inspected prior to 272
licensure to ensure that the home is safe and sanitary; 273

       (J)(P) Procedures for record keeping and evaluation; 274

       (K)(Q) Procedures for receiving, recording, and responding to 275
complaints; 276

       (L)(R) Standards providing for the special needs of children 277
who are handicapped or who receive treatment for health conditions 278
while the child is receiving child care or publicly funded child 279
care in the type B home; 280

       (M)(S) Requirements for the amount of usable indoor floor 281
space for each child;282

       (N)(T) Requirements for safe outdoor play space; 283

       (O)(U) Qualification and training requirements for 284
administrators; 285

       (P)(V) Procedures for granting a parent who is the 286
residential parent and legal custodian, or a custodian or guardian 287
access to the type B home during its hours of operation; 288

       (Q)(W) Requirements for the type B home to notify parents 289
with children in the type B home that the type B home is certified 290
as a foster home under section 5103.03 of the Revised Code;291

       (R)(X) Any other procedures and standards necessary to carry 292
out the provisions of this chapter regarding licensure of type B 293
homes.294

       Section 2.  That existing sections 5104.015, 5104.017, and 295
5104.018 of the Revised Code are hereby repealed.296