Bill Text: CA SB792 | 2015-2016 | Regular Session | Chaptered
Bill Title: Day care facilities: immunizations: exemptions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-10-11 - Chaptered by Secretary of State. Chapter 807, Statutes of 2015. [SB792 Detail]
Download: California-2015-SB792-Chaptered.html
BILL NUMBER: SB 792 CHAPTERED
BILL TEXT
CHAPTER 807
FILED WITH SECRETARY OF STATE OCTOBER 11, 2015
APPROVED BY GOVERNOR OCTOBER 11, 2015
PASSED THE SENATE SEPTEMBER 10, 2015
PASSED THE ASSEMBLY SEPTEMBER 8, 2015
AMENDED IN ASSEMBLY SEPTEMBER 4, 2015
AMENDED IN ASSEMBLY AUGUST 19, 2015
AMENDED IN ASSEMBLY AUGUST 17, 2015
AMENDED IN ASSEMBLY JULY 2, 2015
AMENDED IN ASSEMBLY JUNE 22, 2015
AMENDED IN SENATE APRIL 30, 2015
AMENDED IN SENATE APRIL 7, 2015
INTRODUCED BY Senator Mendoza
FEBRUARY 27, 2015
An act to amend Sections 1597.055 and 1597.54 of, and to add
Sections 1596.7995 and 1597.622 to, the Health and Safety Code,
relating to day care facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 792, Mendoza. Day care facilities: immunizations: exemptions.
Existing law, the California Child Day Care Facilities Act,
provides for the licensure and regulation of day care centers, as
defined, and family day care homes, as defined, by the State
Department of Social Services. A violation of the act is a crime.
Existing law requires a child to be immunized prior to admission to a
day care center or family day care home. Existing law authorizes an
exemption from those provisions for medical reasons or because of
personal beliefs, if specified forms are submitted to the day care
center or family day care home. Existing law requires an applicant
for licensure as a family day care home to present evidence of a
current tuberculosis clearance for any adult in the home during the
time that children are under care.
This bill, commencing September 1, 2016, would prohibit a person
from being employed or volunteering at a day care center or a family
day care home if he or she has not been immunized against influenza,
pertussis, and measles. The bill would specify circumstances under
which a person would be exempt from the immunization requirement,
based on medical safety, current immunity, declining the influenza
vaccination, or the date upon which he or she was hired, as
specified. The bill would require a day care center or a family day
care home to maintain documentation of the required immunizations or
exemptions from immunization in the employee's or volunteer's
personnel record. The bill would make conforming changes to
provisions that set forth qualifications for day care center teachers
and applicants for licensure as a family day care home. The bill
would provide that a violation of these provisions would not be
subject to a crime. The bill would require any person hired as a
teacher in a day care center to present evidence of a current
tuberculosis clearance, as specified.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1596.7995 is added to the Health and Safety
Code, to read:
1596.7995. (a) (1) Commencing September 1, 2016, a person shall
not be employed or volunteer at a day care center if he or she has
not been immunized against influenza, pertussis, and measles. Each
employee and volunteer shall receive an influenza vaccination between
August 1 and December 1 of each year.
(2) If a person meets all other requirements for employment or
volunteering, as applicable, but needs additional time to obtain and
provide his or her immunization records, the person may be employed
or volunteer conditionally for a maximum of 30 days upon signing and
submitting a written statement attesting that he or she has been
immunized as required.
(b) A person is exempt from the requirements of this section only
under any of the following circumstances:
(1) The person submits a written statement from a licensed
physician declaring that because of the person's physical condition
or medical circumstances, immunization is not safe.
(2) The person submits a written statement from a licensed
physician providing that the person has evidence of current immunity
to the diseases described in subdivision (a).
(3) The person submits a written declaration that he or she has
declined the influenza vaccination. This exemption applies only to
the influenza vaccine.
(4) The person was hired after December 1 of the previous year and
before August 1 of the current year. This exemption applies only to
the influenza vaccine during the first year of employment or
volunteering.
(c) The day care center shall maintain documentation of the
required immunizations or exemptions from immunization, as set forth
in this section, in the person's personnel record that is maintained
by the day care center.
(d) Section 1596.890 does not apply to a violation of this
section.
(e) For purposes of this section, "volunteer" means any
nonemployee who provides care and supervision to children in care.
SEC. 2. Section 1597.055 of the Health and Safety Code is amended
to read:
1597.055. (a) Notwithstanding any other educational requirements,
a person may be hired as a teacher in a day care center if he or she
satisfies all of the following conditions:
(1) Is 18 years of age or older.
(2) Possesses a regional occupation program certificate of
training in child care occupations issued by a regional occupational
program which is accredited by the Western Association of Schools and
Colleges.
(3) Has completed at least 95 hours of classroom instruction in
child care and development and child care occupations and at least
150 hours in supervised field experience in a licensed day care
center or comparable group child care program.
(4) Commencing September 1, 2016, has provided evidence of current
immunity or exemption from immunity, as described in Section
1596.7995.
(5) Has provided evidence of a current tuberculosis clearance, as
described in subdivision (g) of Section 101216 of Title 22 of the
California Code of Regulations. This requirement may be satisfied by
a current certificate, as defined in subdivision (f) of Section
121525, that indicates freedom from infectious tuberculosis as set
forth in Section 121525.
(b) Subsequent to being hired pursuant to subdivision (a), a
teacher shall make satisfactory progress towards meeting the
educational requirement for a fully qualified teacher, as specified
in departmental regulations. For purposes of this section,
"satisfactory progress" shall mean completion, with passing grades,
of a minimum of two units each semester or the equivalent number of
units each quarter until the educational requirement is satisfied.
Six of the required semester or equivalent number of quarter units of
early childhood education from an accredited university or college
shall be completed during the next two consecutive regular semesters
or equivalent quarters.
(c) A teacher hired pursuant to this section shall not be exempt
from satisfying any other noneducation requirements imposed by law on
teachers in day care centers and shall have onsite supervision by a
fully qualified teacher until six of the units specified in
subdivision (b) are completed.
SEC. 3. Section 1597.54 of the Health and Safety Code is amended
to read:
1597.54. All family day care homes for children, shall apply for
a license under this chapter, except that any home which on June 28,
1981, had a valid and unexpired license to operate as a family day
care home for children under other provisions of law shall be deemed
to have a license under this chapter for the unexpired term of the
license at which time a new license may be issued upon fulfilling the
requirements of this chapter.
An applicant for licensure as a family day care home for children
shall file with the department, pursuant to its regulations, an
application on forms furnished by the department, which shall
include, but not be limited to, all of the following:
(a) A brief statement confirming that the applicant is financially
secure to operate a family day care home for children. The
department shall not require any other specific or detailed financial
disclosure.
(b) (1) Evidence that the small family day care home contains a
fire extinguisher or smoke detector device, or both, which meets
standards established by the State Fire Marshal under subdivision (d)
of Section 1597.45, or evidence that the large family day care home
meets the standards established by the State Fire Marshal under
subdivision (d) of Section 1597.46.
(2) Evidence satisfactory to the department that there is a fire
escape and disaster plan for the facility and that fire drills and
disaster drills will be conducted at least once every six months. The
documentation of these drills shall be maintained at the facility on
a form prepared by the department and shall include the date and
time of the drills.
(c) The fingerprints of any applicant of a family day care home
license, and any other adult, as required under subdivision (b) of
Section 1596.871.
(d) Evidence of a current tuberculosis clearance, as defined in
regulations that the department shall adopt, for any adult in the
home during the time that children are under care. This requirement
may be satisfied by a current certificate, as defined in subdivision
(f) of Section 121525, that indicates freedom from infectious
tuberculosis as set forth in Section 121525.
(e) Commencing September 1, 2016, evidence of current immunity or
exemption from immunity, as described in Section 1597.622, for the
applicant and any other person who provides care and supervision to
the children.
(f) Evidence satisfactory to the department of the ability of the
applicant to comply with this chapter and Chapter 3.4 (commencing
with Section 1596.70) and the regulations adopted pursuant to those
chapters.
(g) Evidence satisfactory to the department that the applicant and
all other persons residing in the home are of reputable and
responsible character. The evidence shall include, but not be limited
to, a criminal record clearance pursuant to Section 1596.871,
employment history, and character references.
(h) Failure of the applicant to cooperate with the licensing
agency in the completion of the application shall result in the
denial of the application. Failure to cooperate means that the
information described in this section and in regulations of the
department has not been provided, or not provided in the form
requested by the licensing agency, or both.
(i) Other information as may be required by the department for the
proper administration and enforcement of the act.
SEC. 4. Section 1597.622 is added to the Health and Safety Code,
to read:
1597.622. (a) (1) Commencing September 1, 2016, a person shall
not be employed or volunteer at a family day care home if he or she
has not been immunized against influenza, pertussis, and measles.
Each employee and volunteer shall receive an influenza vaccination
between August 1 and December 1 of each year.
(2) If a person meets all other requirements for employment or
volunteering, as applicable, but needs additional time to obtain and
provide his or her immunization records, the person may be employed
or volunteer conditionally for a maximum of 30 days upon signing and
submitting a written statement attesting that he or she has been
immunized as required.
(b) A person is exempt from the requirements of this section only
under any of the following circumstances:
(1) The person submits a written statement from a licensed
physician declaring that because of the person's physical condition
or medical circumstances, immunization is not safe.
(2) The person submits a written statement by a licensed physician
providing that the person has evidence of current immunity to the
diseases described in subdivision (a).
(3) The person submits a written declaration that he or she has
declined the influenza vaccination. This exemption applies only to
the influenza vaccine.
(4) The person was hired after December 1 of the previous year and
before August 1 of the current year. This exemption applies only to
the influenza vaccine during the first year of employment or
volunteering.
(c) The family day care home shall maintain documentation of the
required immunizations or exemptions from immunization, as set forth
in this section, in the person's personnel record that is maintained
by the family day care home.
(d) For purposes of this section, "volunteer" means any
nonemployee who provides care and supervision to children in care.
