PA 07-129—sSB 1192

Public Health Committee

Finance, Revenue and Bonding Committee

AN ACT CONCERNING CHILD DAY CARE SERVICES, YOUTH CAMPS AND THE EMERGENCY DISTRIBUTION OF POTASSIUM IODIDE TABLETS IN CERTAIN FACILITIES

SUMMARY: This act makes changes to day care and youth camp licensing laws and the law governing provision of potassium iodide at various facilities during a public health emergency. It revises (1) the types of recreational programs that are exempt from day care licensure and (2) licensure for day care operations serving six or fewer children outside of a private home. It doubles to four years the duration of a day care license and doubles the license fee, and makes anyone whose license is revoked ineligible for a new license for one year.

The act limits the programs that must be licensed as youth camps to those that (1) operate only during school vacations or on weekends and (2) serve children ages three through 15. And it excludes certain Boys and Girls Clubs' programs from licensure.

The act (1) requires nursing homes, day care providers, and youth camps to provide potassium iodide during a public health emergency to their residents, enrollees, staff, and others present, at the Department of Public Health (DPH) commissioner's direction, and (2) makes changes to related notice requirements.

EFFECTIVE DATE: October 1, 2007, except for the changes in youth camp licensing, which are effective September 1, 2007.

CHILD DAY CARE LICENSING

Licensing Exemption for Recreational Programs

The act changes the types of recreational programs that are exempt from day care license requirements. It adds exemptions for:

1. sports-only programs,

2. rehearsals,

3. academic tutoring programs,

4. 4-H programs (PA 07-252 repeals this exemption), and

5. programs exclusively for children age 13 and above.

It ends the exemptions for (1) creative art studios for children that offer parent-child recreational programs, (2) camping, (3) community-youth programs, and (4) church-related activities (a religious institution's educational activities for members' children continue to be exempt). It modifies the exemption for library programs by requiring them to be less than two hours long; prior law contained no time limit.

Small, Facility-Based Operations

The act requires day care operations that serve between six and nine children, depending on the time of year, and regularly provide between three and 12 hours of care a day in a facility other than a private home to be licensed as group, rather than family, day care homes. The act applies to operations that serve six or fewer children, including the provider's own children who are not in school full-time or, during the school year, serve up to nine children, three of whom, including the provider's children, attend school full-time. Group day care homes must meet essentially the same licensing requirements as day care centers, which are more stringent than family day care home licensing requirements.

License Duration and Fees

Beginning October 1, 2008, the act doubles, from two to four years, the duration of center, group, and family day care home licenses. It correspondingly doubles the licensing fees, from $200 to $400 for centers, from $100 to $200 for group day care homes, and from $20 to $40 for family day care homes.

The act specifies that family day care licenses are not transferable. It also eliminates the ability of centers and group day care homes to obtain a six-month, renewable temporary license.

Revoked Licenses

The act makes any day care provider whose license is revoked for failure to comply with DPH regulations ineligible to apply for a new license for one year from the revocation date.

YOUTH CAMPS

The act limits the programs that must be licensed as youth camps (which include resident and day camps) to those that (1) operate only during school vacations or on weekends and (2) serve children ages three through 15. Prior law covered children up to age 18. The act specifically exempts from licensing requirements (1) programs or parts of programs that serve children under age three or that operate on weekdays and outside of school vacations and (2) drop-in programs for children who are at least six years old that are administered by a nationally chartered boys' and girls' club. Boys' and Girls' Clubs' drop-in programs for three-to-five year olds that operate during school vacations or on weekends apparently must obtain a youth camp license. (PA 07-252 removes the exemption for programs operating on weekdays during the school year and makes technical changes to other provisions. )

POTASSIUM IODIDE

Potassium iodide prevents or decreases the likelihood of developing thyroid cancer following exposure to radiation. The act requires nursing homes, day care providers (centers and group and family day care homes), and youth camps to provide potassium iodide to their residents, enrollees, staff, and others present at the DPH commissioner's direction during a public health emergency. Prior law allowed the commissioner to authorize these entities to provide potassium iodide during such an emergency.

By law, these covered entities must (1) advise people about potassium iodide's contraindications and potential side effects and that taking it is voluntary and (2) obtain prior written permission from the individual or his or her representative or a minor's parent or guardian. The act specifies that each entity must (1) provide the required notice about the medication before obtaining permission and (2) notify people of the permission requirement and obtain the permission when someone is admitted to a nursing home, enrolled in a day care program or youth camp, or hired as a new staff member. It also requires people who do not wish to receive the medication to object in writing.

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