| 1 | | - | Assembly Bill No. 772 CHAPTER 933An act to amend Section 1596.799 of, and to add Section 1596.7916 to, the Health and Safety Code, relating to care facilities. [ Approved by Governor September 29, 2024. Filed with Secretary of State September 29, 2024. ] LEGISLATIVE COUNSEL'S DIGESTAB 772, Jackson. Child day care facilities.Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of daycare centers by the State Department of Social Services. Existing regulation generally requires child daycare facilities that are licensed by the State Department of Social Services to require proof of each childs immunizations, including tuberculosis testing, and to maintain files of this proof on the premises. Existing law exempts from these requirements any child daycare center that exclusively offers a program of services for which there is no contract or agreement between the parent and the center for the regular care of the child, and there is no prearranged schedule of care for any child. Existing law requires parents using these exempt child daycare centers to sign a form acknowledging that they understand the center is not required to verify immunizations and tuberculosis testing for any children accepted for care. Existing law makes a willful or repeated violation of the act a crime.This bill would define the child daycare facilities subject to the above exemption as drop-in childcare centers and would make conforming changes. The bill would require, upon admission of a child to a drop-in childcare center, if the medical assessment required by department regulations is not available for the child, a licensee to obtain a written health assessment completed by the childs authorized representative, as specified. By expanding the scope of a crime, this 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1596.7916 is added to the Health and Safety Code, immediately following Section 1596.7915, to read:1596.7916. Drop-in childcare center means any daycare center, as defined in Section 1596.76, that exclusively offers a program of services for which there is no contract or agreement between any childs authorized representative and the center for the regular or prearranged schedule of care for any child.SEC. 2. Section 1596.799 of the Health and Safety Code is amended to read:1596.799. (a) Notwithstanding Section 1597.05 or any other law, a drop-in childcare center shall not be required to do either of the following:(1) Verify childrens immunizations or tuberculosis testing.(2) Maintain files regarding childrens immunizations or tuberculosis testing.(b) Upon admission of a child into a drop-in childcare center, if the medical assessment required by department regulations is not available for a child, then the licensee shall obtain a written health assessment completed by the childs authorized representative. Except as provided in subdivision (a), a written health assessment shall include the same information and be maintained in the same manner as a medical assessment required by department regulations. A drop-in childcare center shall not require physician approval of the health assessment completed by the childs authorized representative.(c) Upon admission of a child into a drop-in childcare center, the childs authorized representative shall sign an acknowledgment that they understand that verification of immunizations and tuberculosis testing is not required for any child accepted into a drop-in childcare center.(d) This section shall not be construed to exempt a drop-in childcare center from any other licensing requirement.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 1 | + | Enrolled August 29, 2024 Passed IN Senate August 26, 2024 Passed IN Assembly August 27, 2024 Amended IN Senate June 20, 2024 Amended IN Assembly January 03, 2024 Amended IN Assembly April 17, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 772Introduced by Assembly Member JacksonFebruary 13, 2023An act to amend Section 1596.799 of, and to add Section 1596.7916 to, the Health and Safety Code, relating to care facilities.LEGISLATIVE COUNSEL'S DIGESTAB 772, Jackson. Child day care facilities.Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of daycare centers by the State Department of Social Services. Existing regulation generally requires child daycare facilities that are licensed by the State Department of Social Services to require proof of each childs immunizations, including tuberculosis testing, and to maintain files of this proof on the premises. Existing law exempts from these requirements any child daycare center that exclusively offers a program of services for which there is no contract or agreement between the parent and the center for the regular care of the child, and there is no prearranged schedule of care for any child. Existing law requires parents using these exempt child daycare centers to sign a form acknowledging that they understand the center is not required to verify immunizations and tuberculosis testing for any children accepted for care. Existing law makes a willful or repeated violation of the act a crime.This bill would define the child daycare facilities subject to the above exemption as drop-in childcare centers and would make conforming changes. The bill would require, upon admission of a child to a drop-in childcare center, if the medical assessment required by department regulations is not available for the child, a licensee to obtain a written health assessment completed by the childs authorized representative, as specified. By expanding the scope of a crime, this 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1596.7916 is added to the Health and Safety Code, immediately following Section 1596.7915, to read:1596.7916. Drop-in childcare center means any daycare center, as defined in Section 1596.76, that exclusively offers a program of services for which there is no contract or agreement between any childs authorized representative and the center for the regular or prearranged schedule of care for any child.SEC. 2. Section 1596.799 of the Health and Safety Code is amended to read:1596.799. (a) Notwithstanding Section 1597.05 or any other law, a drop-in childcare center shall not be required to do either of the following:(1) Verify childrens immunizations or tuberculosis testing.(2) Maintain files regarding childrens immunizations or tuberculosis testing.(b) Upon admission of a child into a drop-in childcare center, if the medical assessment required by department regulations is not available for a child, then the licensee shall obtain a written health assessment completed by the childs authorized representative. Except as provided in subdivision (a), a written health assessment shall include the same information and be maintained in the same manner as a medical assessment required by department regulations. A drop-in childcare center shall not require physician approval of the health assessment completed by the childs authorized representative.(c) Upon admission of a child into a drop-in childcare center, the childs authorized representative shall sign an acknowledgment that they understand that verification of immunizations and tuberculosis testing is not required for any child accepted into a drop-in childcare center.(d) This section shall not be construed to exempt a drop-in childcare center from any other licensing requirement.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 3 | | - | Assembly Bill No. 772 CHAPTER 933An act to amend Section 1596.799 of, and to add Section 1596.7916 to, the Health and Safety Code, relating to care facilities. [ Approved by Governor September 29, 2024. Filed with Secretary of State September 29, 2024. ] LEGISLATIVE COUNSEL'S DIGESTAB 772, Jackson. Child day care facilities.Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of daycare centers by the State Department of Social Services. Existing regulation generally requires child daycare facilities that are licensed by the State Department of Social Services to require proof of each childs immunizations, including tuberculosis testing, and to maintain files of this proof on the premises. Existing law exempts from these requirements any child daycare center that exclusively offers a program of services for which there is no contract or agreement between the parent and the center for the regular care of the child, and there is no prearranged schedule of care for any child. Existing law requires parents using these exempt child daycare centers to sign a form acknowledging that they understand the center is not required to verify immunizations and tuberculosis testing for any children accepted for care. Existing law makes a willful or repeated violation of the act a crime.This bill would define the child daycare facilities subject to the above exemption as drop-in childcare centers and would make conforming changes. The bill would require, upon admission of a child to a drop-in childcare center, if the medical assessment required by department regulations is not available for the child, a licensee to obtain a written health assessment completed by the childs authorized representative, as specified. By expanding the scope of a crime, this 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES |
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| 3 | + | Enrolled August 29, 2024 Passed IN Senate August 26, 2024 Passed IN Assembly August 27, 2024 Amended IN Senate June 20, 2024 Amended IN Assembly January 03, 2024 Amended IN Assembly April 17, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 772Introduced by Assembly Member JacksonFebruary 13, 2023An act to amend Section 1596.799 of, and to add Section 1596.7916 to, the Health and Safety Code, relating to care facilities.LEGISLATIVE COUNSEL'S DIGESTAB 772, Jackson. Child day care facilities.Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of daycare centers by the State Department of Social Services. Existing regulation generally requires child daycare facilities that are licensed by the State Department of Social Services to require proof of each childs immunizations, including tuberculosis testing, and to maintain files of this proof on the premises. Existing law exempts from these requirements any child daycare center that exclusively offers a program of services for which there is no contract or agreement between the parent and the center for the regular care of the child, and there is no prearranged schedule of care for any child. Existing law requires parents using these exempt child daycare centers to sign a form acknowledging that they understand the center is not required to verify immunizations and tuberculosis testing for any children accepted for care. Existing law makes a willful or repeated violation of the act a crime.This bill would define the child daycare facilities subject to the above exemption as drop-in childcare centers and would make conforming changes. The bill would require, upon admission of a child to a drop-in childcare center, if the medical assessment required by department regulations is not available for the child, a licensee to obtain a written health assessment completed by the childs authorized representative, as specified. By expanding the scope of a crime, this 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES |
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| 14 | 26 | | |
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| 15 | 27 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 28 | | |
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| 17 | 29 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 30 | | |
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| 19 | 31 | | AB 772, Jackson. Child day care facilities. |
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| 20 | 32 | | |
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| 21 | 33 | | Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of daycare centers by the State Department of Social Services. Existing regulation generally requires child daycare facilities that are licensed by the State Department of Social Services to require proof of each childs immunizations, including tuberculosis testing, and to maintain files of this proof on the premises. Existing law exempts from these requirements any child daycare center that exclusively offers a program of services for which there is no contract or agreement between the parent and the center for the regular care of the child, and there is no prearranged schedule of care for any child. Existing law requires parents using these exempt child daycare centers to sign a form acknowledging that they understand the center is not required to verify immunizations and tuberculosis testing for any children accepted for care. Existing law makes a willful or repeated violation of the act a crime.This bill would define the child daycare facilities subject to the above exemption as drop-in childcare centers and would make conforming changes. The bill would require, upon admission of a child to a drop-in childcare center, if the medical assessment required by department regulations is not available for the child, a licensee to obtain a written health assessment completed by the childs authorized representative, as specified. By expanding the scope of a crime, this 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. |
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| 22 | 34 | | |
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| 23 | 35 | | Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of daycare centers by the State Department of Social Services. Existing regulation generally requires child daycare facilities that are licensed by the State Department of Social Services to require proof of each childs immunizations, including tuberculosis testing, and to maintain files of this proof on the premises. Existing law exempts from these requirements any child daycare center that exclusively offers a program of services for which there is no contract or agreement between the parent and the center for the regular care of the child, and there is no prearranged schedule of care for any child. Existing law requires parents using these exempt child daycare centers to sign a form acknowledging that they understand the center is not required to verify immunizations and tuberculosis testing for any children accepted for care. Existing law makes a willful or repeated violation of the act a crime. |
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| 24 | 36 | | |
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| 25 | 37 | | This bill would define the child daycare facilities subject to the above exemption as drop-in childcare centers and would make conforming changes. The bill would require, upon admission of a child to a drop-in childcare center, if the medical assessment required by department regulations is not available for the child, a licensee to obtain a written health assessment completed by the childs authorized representative, as specified. By expanding the scope of a crime, this bill would impose a state-mandated local program. |
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| 26 | 38 | | |
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| 27 | 39 | | 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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| 28 | 40 | | |
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| 29 | 41 | | This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 30 | 42 | | |
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| 31 | 43 | | ## Digest Key |
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| 32 | 44 | | |
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| 33 | 45 | | ## Bill Text |
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| 34 | 46 | | |
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| 35 | 47 | | The people of the State of California do enact as follows:SECTION 1. Section 1596.7916 is added to the Health and Safety Code, immediately following Section 1596.7915, to read:1596.7916. Drop-in childcare center means any daycare center, as defined in Section 1596.76, that exclusively offers a program of services for which there is no contract or agreement between any childs authorized representative and the center for the regular or prearranged schedule of care for any child.SEC. 2. Section 1596.799 of the Health and Safety Code is amended to read:1596.799. (a) Notwithstanding Section 1597.05 or any other law, a drop-in childcare center shall not be required to do either of the following:(1) Verify childrens immunizations or tuberculosis testing.(2) Maintain files regarding childrens immunizations or tuberculosis testing.(b) Upon admission of a child into a drop-in childcare center, if the medical assessment required by department regulations is not available for a child, then the licensee shall obtain a written health assessment completed by the childs authorized representative. Except as provided in subdivision (a), a written health assessment shall include the same information and be maintained in the same manner as a medical assessment required by department regulations. A drop-in childcare center shall not require physician approval of the health assessment completed by the childs authorized representative.(c) Upon admission of a child into a drop-in childcare center, the childs authorized representative shall sign an acknowledgment that they understand that verification of immunizations and tuberculosis testing is not required for any child accepted into a drop-in childcare center.(d) This section shall not be construed to exempt a drop-in childcare center from any other licensing requirement.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 36 | 48 | | |
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| 37 | 49 | | The people of the State of California do enact as follows: |
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| 38 | 50 | | |
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| 39 | 51 | | ## The people of the State of California do enact as follows: |
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| 40 | 52 | | |
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| 41 | 53 | | SECTION 1. Section 1596.7916 is added to the Health and Safety Code, immediately following Section 1596.7915, to read:1596.7916. Drop-in childcare center means any daycare center, as defined in Section 1596.76, that exclusively offers a program of services for which there is no contract or agreement between any childs authorized representative and the center for the regular or prearranged schedule of care for any child. |
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| 42 | 54 | | |
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| 43 | 55 | | SECTION 1. Section 1596.7916 is added to the Health and Safety Code, immediately following Section 1596.7915, to read: |
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| 44 | 56 | | |
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| 45 | 57 | | ### SECTION 1. |
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| 46 | 58 | | |
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| 47 | 59 | | 1596.7916. Drop-in childcare center means any daycare center, as defined in Section 1596.76, that exclusively offers a program of services for which there is no contract or agreement between any childs authorized representative and the center for the regular or prearranged schedule of care for any child. |
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| 48 | 60 | | |
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| 49 | 61 | | 1596.7916. Drop-in childcare center means any daycare center, as defined in Section 1596.76, that exclusively offers a program of services for which there is no contract or agreement between any childs authorized representative and the center for the regular or prearranged schedule of care for any child. |
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| 50 | 62 | | |
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| 51 | 63 | | 1596.7916. Drop-in childcare center means any daycare center, as defined in Section 1596.76, that exclusively offers a program of services for which there is no contract or agreement between any childs authorized representative and the center for the regular or prearranged schedule of care for any child. |
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| 52 | 64 | | |
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| 53 | 65 | | |
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| 54 | 66 | | |
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| 55 | 67 | | 1596.7916. Drop-in childcare center means any daycare center, as defined in Section 1596.76, that exclusively offers a program of services for which there is no contract or agreement between any childs authorized representative and the center for the regular or prearranged schedule of care for any child. |
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| 56 | 68 | | |
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| 57 | 69 | | SEC. 2. Section 1596.799 of the Health and Safety Code is amended to read:1596.799. (a) Notwithstanding Section 1597.05 or any other law, a drop-in childcare center shall not be required to do either of the following:(1) Verify childrens immunizations or tuberculosis testing.(2) Maintain files regarding childrens immunizations or tuberculosis testing.(b) Upon admission of a child into a drop-in childcare center, if the medical assessment required by department regulations is not available for a child, then the licensee shall obtain a written health assessment completed by the childs authorized representative. Except as provided in subdivision (a), a written health assessment shall include the same information and be maintained in the same manner as a medical assessment required by department regulations. A drop-in childcare center shall not require physician approval of the health assessment completed by the childs authorized representative.(c) Upon admission of a child into a drop-in childcare center, the childs authorized representative shall sign an acknowledgment that they understand that verification of immunizations and tuberculosis testing is not required for any child accepted into a drop-in childcare center.(d) This section shall not be construed to exempt a drop-in childcare center from any other licensing requirement. |
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| 58 | 70 | | |
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| 59 | 71 | | SEC. 2. Section 1596.799 of the Health and Safety Code is amended to read: |
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| 60 | 72 | | |
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| 61 | 73 | | ### SEC. 2. |
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| 62 | 74 | | |
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| 63 | 75 | | 1596.799. (a) Notwithstanding Section 1597.05 or any other law, a drop-in childcare center shall not be required to do either of the following:(1) Verify childrens immunizations or tuberculosis testing.(2) Maintain files regarding childrens immunizations or tuberculosis testing.(b) Upon admission of a child into a drop-in childcare center, if the medical assessment required by department regulations is not available for a child, then the licensee shall obtain a written health assessment completed by the childs authorized representative. Except as provided in subdivision (a), a written health assessment shall include the same information and be maintained in the same manner as a medical assessment required by department regulations. A drop-in childcare center shall not require physician approval of the health assessment completed by the childs authorized representative.(c) Upon admission of a child into a drop-in childcare center, the childs authorized representative shall sign an acknowledgment that they understand that verification of immunizations and tuberculosis testing is not required for any child accepted into a drop-in childcare center.(d) This section shall not be construed to exempt a drop-in childcare center from any other licensing requirement. |
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| 64 | 76 | | |
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| 65 | 77 | | 1596.799. (a) Notwithstanding Section 1597.05 or any other law, a drop-in childcare center shall not be required to do either of the following:(1) Verify childrens immunizations or tuberculosis testing.(2) Maintain files regarding childrens immunizations or tuberculosis testing.(b) Upon admission of a child into a drop-in childcare center, if the medical assessment required by department regulations is not available for a child, then the licensee shall obtain a written health assessment completed by the childs authorized representative. Except as provided in subdivision (a), a written health assessment shall include the same information and be maintained in the same manner as a medical assessment required by department regulations. A drop-in childcare center shall not require physician approval of the health assessment completed by the childs authorized representative.(c) Upon admission of a child into a drop-in childcare center, the childs authorized representative shall sign an acknowledgment that they understand that verification of immunizations and tuberculosis testing is not required for any child accepted into a drop-in childcare center.(d) This section shall not be construed to exempt a drop-in childcare center from any other licensing requirement. |
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| 66 | 78 | | |
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| 67 | 79 | | 1596.799. (a) Notwithstanding Section 1597.05 or any other law, a drop-in childcare center shall not be required to do either of the following:(1) Verify childrens immunizations or tuberculosis testing.(2) Maintain files regarding childrens immunizations or tuberculosis testing.(b) Upon admission of a child into a drop-in childcare center, if the medical assessment required by department regulations is not available for a child, then the licensee shall obtain a written health assessment completed by the childs authorized representative. Except as provided in subdivision (a), a written health assessment shall include the same information and be maintained in the same manner as a medical assessment required by department regulations. A drop-in childcare center shall not require physician approval of the health assessment completed by the childs authorized representative.(c) Upon admission of a child into a drop-in childcare center, the childs authorized representative shall sign an acknowledgment that they understand that verification of immunizations and tuberculosis testing is not required for any child accepted into a drop-in childcare center.(d) This section shall not be construed to exempt a drop-in childcare center from any other licensing requirement. |
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| 68 | 80 | | |
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| 69 | 81 | | |
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| 70 | 82 | | |
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| 71 | 83 | | 1596.799. (a) Notwithstanding Section 1597.05 or any other law, a drop-in childcare center shall not be required to do either of the following: |
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| 72 | 84 | | |
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| 73 | 85 | | (1) Verify childrens immunizations or tuberculosis testing. |
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| 74 | 86 | | |
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| 75 | 87 | | (2) Maintain files regarding childrens immunizations or tuberculosis testing. |
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| 76 | 88 | | |
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| 77 | 89 | | (b) Upon admission of a child into a drop-in childcare center, if the medical assessment required by department regulations is not available for a child, then the licensee shall obtain a written health assessment completed by the childs authorized representative. Except as provided in subdivision (a), a written health assessment shall include the same information and be maintained in the same manner as a medical assessment required by department regulations. A drop-in childcare center shall not require physician approval of the health assessment completed by the childs authorized representative. |
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| 78 | 90 | | |
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| 79 | 91 | | (c) Upon admission of a child into a drop-in childcare center, the childs authorized representative shall sign an acknowledgment that they understand that verification of immunizations and tuberculosis testing is not required for any child accepted into a drop-in childcare center. |
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| 80 | 92 | | |
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| 81 | 93 | | (d) This section shall not be construed to exempt a drop-in childcare center from any other licensing requirement. |
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| 82 | 94 | | |
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| 83 | 95 | | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 84 | 96 | | |
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| 85 | 97 | | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 86 | 98 | | |
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| 87 | 99 | | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 88 | 100 | | |
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| 89 | 101 | | ### SEC. 3. |
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