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

Senate Bill No. 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. begin delete Because the bill would extend the application of a crime under the act, the bill would impose a state-mandated local program. end delete begin insert The bill would provide that a violation of these provisions would not be subject to a crime. end insert

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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.

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

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

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

(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.

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(c) Section 1596.890 does not apply to a violation of this section.

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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, as described in Section 1596.7995.

(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.

(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.

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

(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 begin delete one or more of end delete 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.

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SEC. 5.  

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.

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