Substitute House Bill No. 6544
Substitute House Bill No. 6544
PUBLIC ACT NO. 97-14
AN ACT CONCERNING DAY CARE MONITORING OF JUVENILE
DIABETES.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 19a-79 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Commissioner of Public Health shall
adopt regulations, IN ACCORDANCE WITH THE
PROVISIONS OF CHAPTER 54, to further the purposes
of sections 19a-77 to 19a-80, inclusive, and
19a-82 to 19a-87, inclusive, and to assure that
child day care centers and group day care homes
shall meet the health, educational and social
needs of children utilizing such centers and group
day care homes. Such regulations shall (1) specify
that before being permitted to attend any child
day care center or group day care home, each child
must be protected as age-appropriate by adequate
immunization against diphtheria, pertussis,
tetanus, poliomyelitis, measles, mumps, rubella,
hemophilus influenzae type B and any other vaccine
required by the schedule of active immunization
adopted pursuant to section 19a-7f including
appropriate exemptions for children for whom such
immunization is medically contraindicated and for
children whose parents object to such immunization
on religious grounds, (2) specify conditions under
which child day care center directors and teachers
and group day care home providers may ADMINISTER
TESTS TO MONITOR GLUCOSE LEVELS IN A CHILD WITH
DIAGNOSED DIABETES MELLITUS, AND administer
medicinal preparations, including controlled drugs
specified in the regulations by the commissioner,
to a child receiving child day care services at
such center or group day care home pursuant to the
written order of a physician licensed to practice
medicine or a dentist licensed to practice dental
medicine in this or another state, or an advanced
practice registered nurse licensed to prescribe in
accordance with section 20-94a, or a physician
assistant licensed to prescribe in accordance with
section 20-12d, and the written authorization of a
parent or guardian of such child, (3) specify that
an operator of a child day care center or group
day care home, licensed before January 1, 1986, or
an operator who receives a license after January
1, 1986, for a facility licensed prior to January
1, 1986, shall provide a minimum of thirty square
feet per child of total indoor usable space, free
of furniture except that needed for the children's
purposes, exclusive of toilet rooms, bathrooms,
coatrooms, kitchens, halls, isolation room or
other rooms used for purposes other than the
activities of the children, and (4) specify that a
child day care center or group day care home
licensed after January 1, 1986, shall provide
thirty-five square feet per child of total indoor
usable space.
(b) The Commissioner of Public Health may
adopt regulations, pursuant to chapter 54, to
establish civil penalties of not more than one
hundred dollars per day for each day of violation
and other disciplinary remedies that may be
imposed, following a contested-case hearing, upon
the holder of a license issued under section
19a-80 to operate a child day care center or group
day care home or upon the holder of a license
issued under section 19a-87b to operate a family
day care home.
(c) The Commissioner of Public Health shall
exempt Montessori schools accredited by the
American Montessori Society or the Association
Montessori Internationale from any provision in
regulations adopted pursuant to subsection (a) of
this section which sets requirements on group size
or child to staff ratios or the provision of cots.
Sec. 2. Section 19a-87b of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) No person, group of persons, association,
organization, corporation, institution or agency,
public or private, shall maintain a family day
care home, as defined in section 19a-77, without a
license issued by the Commissioner of Public
Health. Licensure forms shall be obtained from the
Department of Public Health. Applications for
licensure shall be made to the Commissioner of
Public Health on forms provided by the department
and shall contain the information required by
regulations adopted under this section. The
licensure and application forms shall contain a
notice that false statements made therein are
punishable in accordance with section 53a-157b.
Applicants shall state, in writing, that they are
in compliance with the regulations adopted by the
Commissioner of Public Health pursuant to
subsection (b) of this section. Before a family
day care home license is granted, the department
shall make an inquiry and investigation which
shall include a visit and inspection of the
premises for which the license is requested. Any
inspection conducted by the department shall
include an inspection for evident sources of lead
poisoning. The department shall provide for a
chemical analysis of any paint chips found on such
premises. The commissioner shall not require an
annual inspection for homes seeking license
renewal or for licensed homes except that the
commissioner shall make unannounced visits, during
customary business hours, to at least thirty-three
and one-third per cent of the licensed family day
care homes each year. A licensed family day care
home shall not be subject to any conditions on the
operation of such home by local officials, other
than those imposed by the department pursuant to
this subsection, if the home complies with all
local codes and ordinances applicable to single
and multifamily dwellings.
(b) The Commissioner of Public Health shall
adopt regulations, in accordance with the
provisions of chapter 54, to assure that family
day care homes, as defined in section 19a-77,
shall meet the health, educational and social
needs of children utilizing such homes. Such
regulations shall ensure that the family day care
home is treated as a residence, and not an
institutional facility. Such regulations shall
specify that each child be protected as
age-appropriate by adequate immunization against
diphtheria, pertussis, tetanus, poliomyelitis,
measles, mumps, rubella, hemophilus influenzae
type B and any other vaccine required by the
schedule of active immunization adopted pursuant
to section 19a-7f. Such regulations shall provide
appropriate exemptions for children for whom such
immunization is medically contraindicated and for
children whose parents object to such immunization
on religious grounds. Such regulations shall also
specify conditions under which family day care
home providers may ADMINISTER TESTS TO MONITOR
GLUCOSE LEVELS IN A CHILD WITH DIAGNOSED DIABETES
MELLITUS, AND administer medicinal preparations,
including controlled drugs specified in the
regulations by the commissioner, to a child
receiving day care services at a family day care
home pursuant to a written order of a physician
licensed to practice medicine in this or another
state, an advanced practice registered nurse
licensed to prescribe in accordance with section
20-94a or a physician assistant licensed to
prescribe in accordance with section 20-12d, and
the written authorization of a parent or guardian
of such child. Such regulations shall specify
appropriate standards for extended care and
intermittent short-term overnight care.
(c) Applications for initial licensure under
this section shall be accompanied by a fee of ten
dollars and such licenses shall be issued for a
term of one year, except that, on and after
December 31, 1995, such applications shall be
accompanied by a fee of twenty dollars and such
licenses shall be issued for a term of two years.
Applications for renewal of licenses granted under
this section shall be accompanied by a fee of ten
dollars and such licenses shall be renewed for a
term of one year, except that, for licenses
expiring on and after December 31, 1995,
applications for renewal shall be accompanied by a
fee of twenty dollars and such licenses shall be
renewed for a term of two years. No such license
shall be renewed unless the licensee certifies
that the children enrolled in the family day care
home have received age-appropriate immunization in
accordance with regulations adopted pursuant to
subsection (b) of this section.
Approved May 6, 1997