Amended in Assembly July 2, 2015

Amended in Assembly June 22, 2015

Amended in Senate April 30, 2015

Amended in Senate April 7, 2015

Senate BillNo. 792


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, as amended, 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.

This bill, commencing September 1, 2016, would prohibit a day care center or a family day care home from employing any person who 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 make conforming changes to provisions that set forth qualifications for day care center teachers and applicants for licensure as a family day care home. 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:

P2    1

SECTION 1.  

Section 1596.7995 is added to the Health and
2Safety Code
, to read:

3

1596.7995.  

(a) Commencing September 1, 2016, a person
4shall not be employed at a day care center if he or she has not been
5immunized against influenza, pertussis, and measles. An employee
6shall receive an influenza vaccination between August 1 and
7December 1 of each year.

8(b) A person is exempt from the requirements of this section
9only under any of the following circumstances:

10(1) The person submits a written statement from a licensed
11physician declaring that because of the person’s physical condition
12or medical circumstances, immunization is not safe.begin delete The statement
13shall indicate the probable duration of the medical condition or
14circumstances that contraindicate immunization.end delete

15(2) The person submits a written statement from a licensed
16physician providing that the person has evidence of current
17immunity to the diseases described in subdivision (a).

18(3) The person submits a written declaration that he or she has
19declined the influenza vaccination. This exemption applies only
20to the influenza vaccine.

21(4) The person was hired after December 1 of the previous year
22and before August 1 of the current year. This exemption applies
23only to the influenza vaccine.

24

SEC. 2.  

Section 1597.055 of the Health and Safety Code is
25amended to read:

P3    1

1597.055.  

(a)  Notwithstanding any other educational
2requirements, a person may be hired as a teacher in a day care
3center if he or she satisfies all of the following conditions:

4(1)  Is 18 years of age or older.

5(2)  Possesses a regional occupation program certificate of
6training in child care occupations issued by a regional occupational
7program which is accredited by the Western Association of Schools
8and Colleges.

9(3)  Has completed at least 95 hours of classroom instruction
10in child care and development and child care occupations and at
11 least 150 hours in supervised field experience in a licensed day
12care center or comparable group child care program.

13(4) Commencing September 1, 2016, has provided evidence of
14current immunity, as described inbegin delete paragraph (2) of subdivision (b)
15ofend delete
Section 1596.7995.

16(b)  Subsequent to being hired pursuant to subdivision (a), a
17teacher shall make satisfactory progress towards meeting the
18educational requirement for a fully qualified teacher, as specified
19in departmental regulations. For purposes of this section,
20“satisfactory progress” shall mean completion, with passing grades,
21of a minimum of two units each semester or the equivalent number
22of units each quarter until the educational requirement is satisfied.
23Six of the required semester or equivalent number of quarter units
24of early childhood education from an accredited university or
25 college shall be completed during the next two consecutive regular
26semesters or equivalent quarters.

27(c)  A teacher hired pursuant to this section shall not be exempt
28from satisfying any other noneducation requirements imposed by
29law on teachers in day care centers and shall have onsite
30supervision by a fully qualified teacher until six of the units
31specified in subdivision (b) are completed.

32

SEC. 3.  

Section 1597.54 of the Health and Safety Code is
33amended to read:

34

1597.54.  

All family day care homes for children, shall apply
35for a license under this chapter, except that any home which on
36June 28, 1981, had a valid and unexpired license to operate as a
37family day care home for children under other provisions of law
38shall be deemed to have a license under this chapter for the
39unexpired term of the license at which time a new license may be
40issued upon fulfilling the requirements of this chapter.

P4    1An applicant for licensure as a family day care home for children
2shall file with the department, pursuant to its regulations, an
3application on forms furnished by the department, which shall
4include, but not be limited to, all of the following:

5(a) A brief statement confirming that the applicant is financially
6secure to operate a family day care home for children. The
7department shall not require any other specific or detailed financial
8disclosure.

9(b) (1) Evidence that the small family day care home contains
10a fire extinguisher or smoke detector device, or both, which meets
11standards established by the State Fire Marshal under subdivision
12(d) of Section 1597.45, or evidence that the large family day care
13home meets the standards established by the State Fire Marshal
14under subdivision (d) of Section 1597.46.

15(2) Evidence satisfactory to the department that there is a fire
16escape and disaster plan for the facility and that fire drills and
17disaster drills will be conducted at least once every six months.
18The documentation of these drills shall be maintained at the facility
19on a form prepared by the department and shall include the date
20and time of the drills.

21(c) The fingerprints of any applicant of a family day care home
22license, and any other adult, as required under subdivision (b) of
23Section 1596.871.

24(d) Evidence of a current tuberculosis clearance, as defined in
25regulations that the department shall adopt, for any adult in the
26home during the time that children are under care.

27(e) Commencing September 1, 2016, evidence of current
28immunity, as described in Section 1597.622, for the applicant and
29any other person who provides care and supervision to the children.

30(f) Evidence satisfactory to the department of the ability of the
31applicant to comply with this chapter and Chapter 3.4 (commencing
32with Section 1596.70) and the regulations adopted pursuant to
33those chapters.

34(g) Evidence satisfactory to the department that the applicant
35and all other persons residing in the home are of reputable and
36responsible character. The evidence shall include, but not be limited
37to, a criminal record clearance pursuant to Section 1596.871,
38employment history, and character references.

39(h) Failure of the applicant to cooperate with the licensing
40agency in the completion of the application shall result in the denial
P5    1of the application. Failure to cooperate means that the information
2described in this section and in regulations of the department has
3not been provided, or not provided in the form requested by the
4licensing agency, or both.

5(i) Other information as may be required by the department for
6the proper administration and enforcement of the act.

7

SEC. 4.  

Section 1597.622 is added to the Health and Safety
8Code
, to read:

9

1597.622.  

(a) Commencing September 1, 2016, a person shall
10not be employed at a family day care home if he or she has not
11been immunized against influenza, pertussis, and measles. An
12employee shall receive an influenza vaccination between August
131 and December 1 of each year.

14(b) A person is exempt from the requirements of this section
15only under any of the following circumstances:

16(1) The person submits a written statement from a licensed
17physician declaring that because of the person’s physical condition
18or medical circumstances, immunization is not safe.begin delete The statement
19shall indicate the probable duration of the medical condition or
20circumstances that contraindicate immunization.end delete

21(2) The person submits a written statement by a licensed
22physician providing that the person has evidence of current
23immunity to one or more of the diseases described in subdivision
24(a).

25(3) The person submits a written declaration that he or she has
26declined the influenza vaccination. This exemption applies only
27to the influenza vaccine.

28(4) The person was hired after December 1 of the previous year
29and before August 1 of the current year. This exemption applies
30only to the influenzabegin delete vaccination.end deletebegin insert vaccine.end insert

31

SEC. 5.  

No reimbursement is required by this act pursuant to
32Section 6 of Article XIII B of the California Constitution because
33the only costs that may be incurred by a local agency or school
34district will be incurred because this act creates a new crime or
35infraction, eliminates a crime or infraction, or changes the penalty
36for a crime or infraction, within the meaning of Section 17556 of
37the Government Code, or changes the definition of a crime within
P6    1the meaning of Section 6 of Article XIII B of the California
2Constitution.



O

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