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

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

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

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

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

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

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

(B) Except as provided in division (C) of this section, not later than thirty days after enrollment in a child day-care center, type A family day-care home, or licensed type B family day-care home and every thirteen months thereafter while enrolled in the center or home, each child's caretaker parent shall provide to the center or home a medical statement, as described in division (D) of this section, indicating that the child has been immunized against or is in the process of being immunized against all of the following diseases:

(1) Chicken pox;

(2) Diphtheria;

(3) Haemophilus influenzae type b;

(4) Hepatitis A;

(5) Hepatitis B;

(6) Influenza;

(7) Measles;

(8) Mumps;

(9) Pertussis;

(10) Pneumococcal disease;

(11) Poliomyelitis;

(12) Rotavirus;

(13) Rubella;

(14) Tetanus.

(C)(1) A child is not required to be immunized against a disease specified in division (B) of this section if any of the following is the case:

(a) Immunization against the disease is medically contraindicated for the child;

(b) The child's parent or guardian has declined to have the child immunized against the disease for reasons of conscience, including religious convictions;

(c) Immunization against the disease is not medically appropriate for the child's age.

(2) In the case of influenza, a child is not required to be immunized against the disease if the seasonal vaccine is not available.

(D)(1) The medical statement shall include all of the following information:

(a) The dates that a child received immunizations against each of the diseases specified in division (B) of this section;

(b) Whether a child is subject to any of the exceptions specified in division (C) of this section.

(2) The medical statement shall include a component where a parent or guardian may indicate that the parent or guardian has declined to have the child immunized.

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

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

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

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

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

(E) Admissions policies and procedures, health;

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

(G) First aid and emergency procedures, procedures;

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

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

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

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

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

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

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

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

(J)(P) Inspection procedures;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(E) Admissions policies and procedures, health;

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

(G) First aid and emergency procedures, procedures;

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

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

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

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

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

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

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

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

(J)(P) Inspection procedures;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(E) Admission policies and procedures, health;

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

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

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

(I) Nutritional standards, and procedures;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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