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

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-Comm_Sub.html

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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 

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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 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 include	98
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 the	178
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 the	259
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