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

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. 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 begin delete a day care center or a family day care home from employing any end delete begin insert a end insert person begin delete who end delete begin insert from being employed or volunteering at a day care center or a family day care home if he or she end insert 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. begin insert 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. end insert 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.

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

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

begin insert

(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.

end insert

(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 begin delete employment. end delete
begin insert employment or volunteering. end insert

begin insert

(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.

end insert begin delete

(c)

end delete

begin insert (d) end insert  Section 1596.890 does not apply to a violation of this section.

begin insert

(e) For purposes of this section, “volunteer” means any
nonemployee who provides care and supervision to children in
care.

end insert

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 begin delete defined end delete begin insert described end insert in begin insert subdivision (g) of end insert Section begin delete 102369 end delete begin insert 101216 end insert
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)  begin insert (1) end insert begin insert   end insert Commencing September 1, 2016, a person
shall not be employed begin insert or volunteer end insert at a family day care home if
he or she has not been immunized against influenza, pertussis, and
measles. begin delete An end delete begin insert Each end insert employee begin insert and volunteer end insert shall receive an
influenza vaccination between August 1 and December 1 of each
year.

begin insert

(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.

end insert

(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 begin delete employment. end delete
begin insert employment or volunteering. end insert

begin insert

(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.

end insert begin insert

(d) For purposes of this section, “volunteer” means any
nonemployee who provides care and supervision to children in
care.

end insert