Amended in Senate April 7, 2015

Senate Bill No. 792

Introduced by Senator Mendoza

February 27, 2015

An act to begin delete add Sections 1596.800 and 1597.622 to end delete begin insert amend Sections 1597.055 and 1597.54 of, and to add Sections 1596.7995 and 1597.622 to, end insert the Health and Safety Code, relating to day care facilities.

LEGISLATIVE COUNSEL’S DIGEST

SB 792, as amended, Mendoza. Day care facilities: begin delete immunizations. end delete begin insert immunizations: exemptions. end insert

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.

This bill begin insert , commencing September 1, 2016, end insert would prohibit a day care center or a family day care home from employing any person who has not been immunized begin delete against influenza, pertussis, and measles. end delete begin insert in accordance with the schedule for routine adult immunizations, prescribed by the federal Centers for Disease Control and Prevention. The bill would specify circumstances under which a person would be exempt from the immunization requirement, based on medical safety and current immunity, as specified. 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 center. end insert Because the bill would extend the application of a crime under the act, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

begin delete

SECTION 1.  

Section 1596.800 is added to the Health and
Safety Code, immediately following Section 1596.799, to read:

1596.800.  

A person shall not be employed at a day care center,
if that person has not been immunized against influenza, pertussis,
and measles.

end delete

begin delete

SEC. 2.  

Section 1597.622 is added to the Health and Safety
Code, immediately following Section 1597.621,, to read:

1597.622.  

A person shall not be employed at a family day care
home, if that person has not been immunized against influenza,
pertussis, and measles.

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1596.7995 is added to the end insert begin insert Health and
Safety Code end insert begin insert , to read: end insert

begin insert

begin insert 1596.7995. end insert   

(a) Commencing September 1, 2016, a person
shall not be employed at a day care center if he or she has not
been immunized according to the schedule for routine adult
immunizations, as recommended by the federal Centers for Disease
Control’s Advisory Committee on Immunization Practices, with
the exception of immunization against human papillomavirus
(HPV).

(b) A person is exempt from the requirements of this section
only under either 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. The statement
shall indicate the probable duration of the medical condition or
circumstances that contraindicate immunization.

(2) The person submits a written statement from a licensed
physician providing that the person has evidence of current
immunity to the diseases included on the immunization schedule
described in subdivision (a).

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1597.055 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

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.

begin insert

(4) Commencing September 1, 2016, has provided evidence of
current immunity, as described in paragraph (1) of subdivision
(b) of Section 1596.7995.

end insert

(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 begin delete on-site end delete begin insert onsite end insert
supervision by a fully qualified teacher until six of the units
specified in subdivision (b) are completed.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 1597.54 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

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.

begin insert

(e) Commencing September 1, 2016, evidence of current
immunity, as described in Section 1597.622, for the applicant and
any other person who provides care and supervision to the
children.

end insert begin delete

(e)

end delete

begin insert (f) end insert  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.

begin delete

(f)

end delete

begin insert (g) end insert  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.

begin delete

(g)

end delete

begin insert (h) end insert  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.

begin delete

(h)

end delete

begin insert (i) end insert  Other information as may be required by the department for
the proper administration and enforcement of the act.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 1597.622 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 1597.622. end insert   

(a) Commencing September 1, 2016, a person shall
not be employed at a family day care home if he or she has not
been immunized according to the schedule for routine adult
immunizations, as recommended by the federal Centers for Disease
Control and Prevention’s Advisory Committee on Immunization
Practices, with the exception of vaccination for human
papillomavirus (HPV).

(b) A person is exempt from the requirements of this section
only under either 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. The statement
shall indicate the probable duration of the medical condition or
circumstances that contraindicate immunization.

(2) If the person submits a written statement by a licensed
physician providing that the person has evidence of current
immunity to one or more of the diseases included on the
immunization schedule described in subdivision (a).

end insert

begin delete SEC. 3. end delete
begin insert SEC. 5. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.