Bill Text: IN HB1070 | 2011 | Regular Session | Introduced
Bill Title: Flu shots for child care center workers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-05 - First reading: referred to Committee on Family, Children and Human Affairs [HB1070 Detail]
Download: Indiana-2011-HB1070-Introduced.html
Citations Affected: IC 12-7-2-128.7; IC 12-17.2-7.
Synopsis: Flu shots for child care center workers. Requires a child
care center to make available influenza immunizations to employees
who have direct contact with children at the child care center. Provides
that the immunizations are not required if there is an inadequate supply
of the vaccine. Provides that a child care center is prohibited from
requiring an employee to receive an immunization under certain
circumstances. Allows the division of family resources to adopt rules
to administer the immunization requirements.
Effective: July 1, 2011.
January 5, 2011, read first time and referred to Committee on Family, Children and Human
Affairs.
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A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
Chapter 7. Child Care Center Employee Immunizations
Sec. 1. This chapter applies only to the following:
(1) Child care centers that are licensed under IC 12-17.2-4 as comprehensive care facilities.
(2) Employees of child care centers described in subdivision (1) who have direct contact with the children who are enrolled in and in the care of the child care center.
Sec. 2. As used in this chapter, "medically contraindicated" means that a vaccine would be detrimental to an individual's health
because of a medical condition of the individual.
Sec. 3. (a) Subject to section 5 of this chapter, a child care center
shall, during the period of each year beginning October 1 of the
year and ending February 1 of the following year, make available
to the employees of the child care center immunizations against the
influenza virus.
(b) A child care center that has a vaccine administered to an
employee of the child care center under subsection (a) must have
the vaccine administered:
(1) subject to the consent of the employee; and
(2) in accordance with the recommendations established by
the Advisory Committee on Immunization Practices of the
United States Centers for Disease Control and Prevention that
are in effect at the time the child care center administers the
vaccine.
Sec. 4. A child care center is not required to make available
annual immunizations to the child care center's employees under
section 3 of this chapter if the department determines that the
necessary vaccine is not in adequate supply.
Sec. 5. Notwithstanding any other provision of this chapter, a
child care center shall not require an employee to receive an
immunization under this chapter if:
(1) the child care center:
(A) has written documentation from the employee's
physician or other health care provider indicating the date
on which and the place where the employee received an
immunization against the influenza virus; and
(B) determines that no additional immunization under this
chapter is required;
(2) the immunization is medically contraindicated for the
employee;
(3) receiving the immunization is against the employee's
religious beliefs; or
(4) the employee refuses to permit the immunization after
being fully informed of the health risks of the immunization.
Sec. 6. The division may adopt rules under IC 4-22-2 to
administer this chapter.
