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Am. Sub. H. B. No. 536 As Passed by the HouseAs Passed by the House
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Smith, Antonio
Cosponsors:
Representatives Letson, Pillich, Stebelton, Fedor, Brown, Sprague, Anielski, Bishoff, Blessing, Burkley, Duffey, Green, Grossman, Rogers, Rosenberger, Sears, Terhar, Wachtmann Speaker Batchelder
A BILL
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
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:
(3) Haemophilus influenzae type b;
(10) Pneumococcal disease;
(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.
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