Bill Text: OH HB536 | 2013-2014 | 130th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: To require children enrolled in licensed child care facilities to be immunized against specified diseases, subject to certain exceptions.

Spectrum: Slight Partisan Bill (Republican 14-7)

Status: (Engrossed - Dead) 2014-12-09 - To Medicaid, Health & Human Services [HB536 Detail]

Download: Ohio-2013-HB536-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 536

Representatives Smith, Antonio 

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

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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 that children enrolled in licensed

3

child care facilities be immunized in accordance

4

with a schedule that is based on the schedule

5

recommended by the Advisory Committee on

6

Immunization Practices of the Centers for Disease

7

Control and Prevention.

8

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

Section 1.  That sections 5104.015, 5104.017, and 5104.018 be	9
amended and section 5104.014 of the Revised Code be enacted to	10
read as follows:	11

Sec. 5104.014.  (A) The director of job and family services	12
shall adopt for the purposes of this section and sections	13
5104.015, 5104.017, and 5104.08 of the Revised Code an	14
immunization schedule for persons age zero through eighteen years.	15
As initially established, the schedule shall be the same as the	16
schedule recommended by the advisory committee on immunization	17
practices of the centers for disease control and prevention of the	18
United States department of health and human services. The	19
director may periodically revise the schedule established under	20
this division to reflect revisions in the schedule adopted by the	21
advisory committee on immunization practices.	22

(B) Except as provided in division (C) of this section, as a	23
condition of enrollment in a child day-care center, type A family	24
day-care home, or licensed type B family day-care home, a child	25
shall be immunized in accordance with the schedule adopted by the	26
director under division (A) of this section.	27

(C) A child is not required to be immunized against a disease	28
specified in the schedule established pursuant to division (A) of	29
this section as a condition of the child's enrollment in a center,	30
type A home, or licensed type B home if either of the following	31
applies:	32

(1) The child's physician certifies in writing that	33
immunization against the disease is medically contraindicated for	34
the child;	35

(2) The child's parent or guardian certifies in writing that	36
the parent or guardian declines to have the child immunized	37
against the disease for reasons of conscience, including religious	38
convictions.	39

Sec. 5104.015.  The director of job and family services shall	40
adopt rules in accordance with Chapter 119. of the Revised Code	41
governing the operation of child day-care centers, including	42
parent cooperative centers, part-time centers, drop-in centers,	43
and school-age child care centers. The rules shall reflect the	44
various forms of child care and the needs of children receiving	45
child care or publicly funded child care and shall include	46
specific rules for school-age child care centers that are	47
developed in consultation with the department of education. The	48
rules shall not require an existing school facility that is in	49
compliance with applicable building codes to undergo an additional	50
building code inspection or to have structural modifications. The	51
rules shall include the following:	52

(A) Submission of a site plan and descriptive plan of	53
operation to demonstrate how the center proposes to meet the	54
requirements of this chapter and rules adopted pursuant to this	55
chapter for the initial license application;	56

(B) Standards for ensuring that the physical surroundings of	57
the center are safe and sanitary including the physical	58
environment, the physical plant, and the equipment of the center;	59

(C) Standards for the supervision, care, and discipline of	60
children receiving child care or publicly funded child care in the	61
center;	62

(D) Standards for a program of activities, and for play	63
equipment, materials, and supplies, to enhance the development of	64
each child; however, any educational curricula, philosophies, and	65
methodologies that are developmentally appropriate and that	66
enhance the social, emotional, intellectual, and physical	67
development of each child shall be permissible. As used in this	68
division, "program" does not include instruction in religious or	69
moral doctrines, beliefs, or values that is conducted at child	70
day-care centers owned and operated by churches and does include	71
methods of disciplining children at child day-care centers.	72

(E) Admissions policies and procedures, health;

73

(F) Health care policies and procedures, including procedures	74
for the isolation of children with communicable diseases, first;	75

(G) First aid and emergency procedures, procedures;

76

(H) Procedures for discipline and supervision of children,	77
standards;	78

(I) Standards for the provision of nutritious meals and	79
snacks, and procedures;	80

(J) Procedures for screening children and employees, that may	81
include any necessary physical examinations and shall include	82
immunizations in accordance with section 5104.014 of the Revised	83
Code;	84

(F)(K) Procedures for screening employees that may include	85
any necessary physical examinations and immunizations;	86

(L) Methods for encouraging parental participation in the	87
center and methods for ensuring that the rights of children,	88
parents, and employees are protected and that responsibilities of	89
parents and employees are met;	90

(G)(M) Procedures for ensuring the safety and adequate	91
supervision of children traveling off the premises of the center	92
while under the care of a center employee;	93

(H)(N) Procedures for record keeping, organization, and	94
administration;	95

(I)(O) Procedures for issuing, denying, and revoking a	96
license that are not otherwise provided for in Chapter 119. of the	97
Revised Code;	98

(J)(P) Inspection procedures;

99

(K)(Q) Procedures and standards for setting initial license	100
application fees;	101

(L)(R) Procedures for receiving, recording, and responding to	102
complaints about centers;	103

(M)(S) Procedures for enforcing section 5104.04 of the	104
Revised Code;	105

(N)(T) A standard requiring the inclusion of a current	106
department of job and family services toll-free telephone number	107
on each center provisional license or license which any person may	108
use to report a suspected violation by the center of this chapter	109
or rules adopted pursuant to this chapter;	110

(O)(U) Requirements for the training of administrators and	111
child-care staff members in first aid, in prevention, recognition,	112
and management of communicable diseases, and in child abuse	113
recognition and prevention. Training requirements for child	114
day-care centers adopted under this division shall be consistent	115
with sections 5104.034 and 5104.037 of the Revised Code.	116

(P)(V) Standards providing for the special needs of children	117
who are handicapped or who require treatment for health conditions	118
while the child is receiving child care or publicly funded child	119
care in the center;	120

(Q)(W) A procedure for reporting of injuries of children that	121
occur at the center;	122

(R)(X) Standards for licensing child day-care centers for	123
children with short-term illnesses and other temporary medical	124
conditions;	125

(S)(Y) Any other procedures and standards necessary to carry	126
out the provisions of this chapter regarding child day-care	127
centers.	128

Sec. 5104.017. The director of job and family services shall	129
adopt rules pursuant to Chapter 119. of the Revised Code governing	130
the operation of type A family day-care homes, including parent	131
cooperative type A homes, part-time type A homes, drop-in type A	132
homes, and school-age child type A homes. The rules shall reflect	133
the various forms of child care and the needs of children	134
receiving child care. The rules shall include the following:	135

(A) Submission of a site plan and descriptive plan of	136
operation to demonstrate how the type A home proposes to meet the	137
requirements of this chapter and rules adopted pursuant to this	138
chapter for the initial license application;	139

(B) Standards for ensuring that the physical surroundings of	140
the type A home are safe and sanitary, including the physical	141
environment, the physical plant, and the equipment of the type A	142
home;	143

(C) Standards for the supervision, care, and discipline of	144
children receiving child care or publicly funded child care in the	145
type A home;	146

(D) Standards for a program of activities, and for play	147
equipment, materials, and supplies, to enhance the development of	148
each child; however, any educational curricula, philosophies, and	149
methodologies that are developmentally appropriate and that	150
enhance the social, emotional, intellectual, and physical	151
development of each child shall be permissible;	152

(E) Admissions policies and procedures, health;

153

(F) Health care policies and procedures, including procedures	154
for the isolation of children with communicable diseases, first;	155

(G) First aid and emergency procedures, procedures;

156

(H) Procedures for discipline and supervision of children,	157
standards;	158

(I) Standards for the provision of nutritious meals and	159
snacks, and procedures;	160

(J) Procedures for screening children and employees,	161
including any necessary physical examinations and the	162
immunizations required pursuant to section 5104.014 of the Revised	163
Code;	164

(F)(K) Procedures for screening employees, including any	165
necessary physical examinations and immunizations;	166

(L) Methods for encouraging parental participation in the	167
type A home and methods for ensuring that the rights of children,	168
parents, and employees are protected and that the responsibilities	169
of parents and employees are met;	170

(G)(M) Procedures for ensuring the safety and adequate	171
supervision of children traveling off the premises of the type A	172
home while under the care of a type A home employee;	173

(H)(N) Procedures for record keeping, organization, and	174
administration;	175

(I)(O) Procedures for issuing, denying, and revoking a	176
license that are not otherwise provided for in Chapter 119. of the	177
Revised Code;	178

(J)(P) Inspection procedures;

179

(K)(Q) Procedures and standards for setting initial license	180
application fees;	181

(L)(R) Procedures for receiving, recording, and responding to	182
complaints about type A homes;	183

(M)(S) Procedures for enforcing section 5104.04 of the	184
Revised Code;	185

(N)(T) A standard requiring the inclusion of a current	186
department of job and family services toll-free telephone number	187
on each type A home license that any person may use to report a	188
suspected violation by the type A home of this chapter or rules	189
adopted pursuant to this chapter;	190

(O)(U) Requirements for the training of administrators and	191
child-care staff members in first aid, in prevention, recognition,	192
and management of communicable diseases, and in child abuse	193
recognition and prevention;	194

(P)(V) Standards providing for the special needs of children	195
who are handicapped or who require treatment for health conditions	196
while the child is receiving child care or publicly funded child	197
care in the type A home;	198

(Q)(W) Standards for the maximum number of children per	199
child-care staff member;	200

(R)(X) Requirements for the amount of usable indoor floor	201
space for each child;	202

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

203

(T)(Z) Qualifications and training requirements for	204
administrators and for child-care staff members;	205

(U)(AA) Procedures for granting a parent who is the	206
residential parent and legal custodian, or a custodian or guardian	207
access to the type A home during its hours of operation;	208

(V)(BB) Standards for the preparation and distribution of a	209
roster of parents, custodians, and guardians;	210

(W)(CC) Any other procedures and standards necessary to carry	211
out the provisions of this chapter regarding type A homes.	212

Sec. 5104.018.  The director of job and family services shall	213
adopt rules in accordance with Chapter 119. of the Revised Code	214
governing the licensure of type B family day-care homes. The rules	215
shall provide for safeguarding the health, safety, and welfare of	216
children receiving child care or publicly funded child care in a	217
licensed type B family day-care home and shall include all of the	218
following:	219

(A) Requirements for the type B home to notify parents with	220
children in the type B home that the type B home is certified as a	221
foster home under section 5103.03 of the Revised Code.	222

(B) Standards for ensuring that the type B home and the	223
physical surroundings of the type B home are safe and sanitary,	224
including physical environment, physical plant, and equipment;	225

(C) Standards for the supervision, care, and discipline of	226
children receiving child care or publicly funded child care in the	227
home;	228

(D) Standards for a program of activities, and for play	229
equipment, materials, and supplies to enhance the development of	230
each child; however, any educational curricula, philosophies, and	231
methodologies that are developmentally appropriate and that	232
enhance the social, emotional, intellectual, and physical	233
development of each child shall be permissible;	234

(E) Admission policies and procedures, health;

235

(F) Health care, first aid and emergency procedures,	236
procedures;	237

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

238

(H) Procedures for discipline and supervision of children,	239
nutritional;	240

(I) Nutritional standards, and procedures;

241

(J) Procedures for screening children and administrators,	242
including any necessary physical examinations and the	243
immunizations required pursuant to section 5104.014 of the Revised	244
Code;	245

(F)(K) Procedures for screening administrators, including any	246
necessary physical examinations and immunizations;	247

(L) Methods of encouraging parental participation and	248
ensuring that the rights of children, parents, and administrators	249
are protected and the responsibilities of parents and	250
administrators are met;	251

(G)(M) Standards for the safe transport of children when	252
under the care of administrators;	253

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

254

(I)(O) Procedures for the inspection of type B homes that	255
require, at a minimum, that each type B home be inspected prior to	256
licensure to ensure that the home is safe and sanitary;	257

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

258

(K)(Q) Procedures for receiving, recording, and responding to	259
complaints;	260

(L)(R) Standards providing for the special needs of children	261
who are handicapped or who receive treatment for health conditions	262
while the child is receiving child care or publicly funded child	263
care in the type B home;	264

(M)(S) Requirements for the amount of usable indoor floor	265
space for each child;	266

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

267

(O)(U) Qualification and training requirements for	268
administrators;	269

(P)(V) Procedures for granting a parent who is the	270
residential parent and legal custodian, or a custodian or guardian	271
access to the type B home during its hours of operation;	272

(Q)(W) Requirements for the type B home to notify parents	273
with children in the type B home that the type B home is certified	274
as a foster home under section 5103.03 of the Revised Code;	275

(R)(X) Any other procedures and standards necessary to carry	276
out the provisions of this chapter regarding licensure of type B	277
homes.	278

Section 2.  That existing sections 5104.015, 5104.017, and	279
5104.018 of the Revised Code are hereby repealed.	280