Connecticut 2020 Regular Session

Connecticut House Bill HB05044 Compare Versions

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7-General Assembly Substitute Bill No. 5044
5+General Assembly Raised Bill No. 5044
86 February Session, 2020
7+LCO No. 698
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10+Referred to Committee on PUBLIC HEALTH
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13+Introduced by:
14+(PH)
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1118
1219 AN ACT CONCERNING IM MUNIZATIONS.
1320 Be it enacted by the Senate and House of Representatives in General
1421 Assembly convened:
1522
1623 Section 1. Subsections (a) and (b) of section 10-204a of the general 1
1724 statutes are repealed and the following is substituted in lieu thereof 2
1825 (Effective from passage): 3
1926 (a) Each local or regional board of education, or similar body 4
2027 governing a nonpublic school or schools, shall require each child to be 5
2128 protected by adequate immunization against diphtheria, pertussis, 6
2229 tetanus, poliomyelitis, measles, mumps, rubella, [hemophilus] 7
2330 haemophilus influenzae type B and any other vaccine required by the 8
2431 schedule for active immunization adopted pursuant to section 19a-7f 9
2532 before being permitted to enroll in any program operated by a public or 10
2633 nonpublic school under its jurisdiction. Before being permitted to enter 11
2734 seventh grade, a child shall receive a second immunization against 12
2835 measles. Any such child who (1) presents a certificate from a physician, 13
29-physician assistant, advanced practice registered nurse or local health 14
30-agency stating that initial immunizations have been given to such child 15
31-and additional immunizations are in process under guidelines and 16
32-schedules specified by the Commissioner of Public Health; or (2) 17
33-presents a certificate, in a form prescribed by the commissioner 18
34-pursuant to section 7 of this act, from a physician, physician assistant or 19
35-advanced practice registered nurse stating that in the opinion of such 20
36-physician, physician assistant or advanced practice registered nurse 21 Substitute Bill No. 5044
36+physician assistant, advanced practice registered nurse or local health 14 Raised Bill No. 5044
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43-such immunization is medically contraindicated because of the physical 22
44-condition of such child; or (3) prior to the effective date of this section, 23
45-presents a statement from the parents or guardian of such child that 24
46-such immunization would be contrary to the religious beliefs of such 25
47-child or the parents or guardian of such child, which statement shall be 26
48-acknowledged, in accordance with the provisions of sections 1-32, 1-34 27
49-and 1-35, by (A) a judge of a court of record or a family support 28
50-magistrate, (B) a clerk or deputy clerk of a court having a seal, (C) a town 29
51-clerk, (D) a notary public, (E) a justice of the peace, (F) an attorney 30
52-admitted to the bar of this state, or (G) notwithstanding any provision 31
53-of chapter 6, a school nurse; or (4) in the case of measles, mumps or 32
54-rubella, presents a certificate from a physician, physician assistant or 33
55-advanced practice registered nurse or from the director of health in such 34
56-child's present or previous town of residence, stating that the child has 35
57-had a confirmed case of such disease; or (5) in the case of [hemophilus] 36
58-haemophilus influenzae type B has passed [his] such child's fifth 37
59-birthday; or (6) in the case of pertussis, has passed [his] such child's sixth 38
60-birthday, shall be exempt from the appropriate provisions of this 39
61-section. If the parents or guardians of any child are unable to pay for 40
62-such immunizations, the expense of such immunizations shall, on the 41
63-recommendations of such board of education, be paid by the town. 42
64-Before being permitted to enter seventh grade, the parents or guardian 43
65-of any child who is exempt on religious grounds from the immunization 44
66-requirements of this section, pursuant to subdivision (3) of this 45
67-subsection, shall present to such school a statement that such 46
68-immunization requirements are contrary to the religious beliefs of such 47
69-child or the parents or guardian of such child, which statement shall be 48
70-acknowledged, in accordance with the provisions of sections 1-32, 1-34 49
71-and 1-35, by (A) a judge of a court of record or a family support 50
72-magistrate, (B) a clerk or deputy clerk of a court having a seal, (C) a town 51
73-clerk, (D) a notary public, (E) a justice of the peace, (F) an attorney 52
74-admitted to the bar of this state, or (G) notwithstanding any provision 53
75-of chapter 6, a school nurse. 54
76-(b) The definitions of adequate immunization shall reflect the 55 Substitute Bill No. 5044
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42+agency stating that initial immunizations have been given to such child 15
43+and additional immunizations are in process (A) under guidelines and 16
44+schedules specified by the Commissioner of Public Health; or (B) as such 17
45+additional immunizations are recommended, in writing on a form 18
46+prescribed by the Commissioner of Public Health, for such child by a 19
47+physician, physician assistant or advanced practice registered nurse 20
48+prior to the first day of regular class sessions for the school year 21
49+commencing July 1, 2020, if such child, prior to July 1, 2020, was exempt 22
50+from the appropriate provisions of this section upon presentation of a 23
51+statement that such immunization would be contrary to the religious 24
52+beliefs of such child or the parents or guardian of such child; (2) presents 25
53+a certificate, in a form prescribed by the Commissioner of Public Health 26
54+pursuant to section 6 of this act, from a physician, physician assistant or 27
55+advanced practice registered nurse stating that in the opinion of such 28
56+physician, physician assistant or advanced practice registered nurse 29
57+such immunization is medically contraindicated because of the physical 30
58+condition of such child; [or (3) presents a statement from the parents or 31
59+guardian of such child that such immunization would be contrary to the 32
60+religious beliefs of such child or the parents or guardian of such child, 33
61+which statement shall be acknowledged, in accordance with the 34
62+provisions of sections 1-32, 1-34 and 1-35, by (A) a judge of a court of 35
63+record or a family support magistrate, (B) a clerk or deputy clerk of a 36
64+court having a seal, (C) a town clerk, (D) a notary public, (E) a justice of 37
65+the peace, (F) an attorney admitted to the bar of this state, or (G) 38
66+notwithstanding any provision of chapter 6, a school nurse; or (4)] (3) in 39
67+the case of measles, mumps or rubella, presents a certificate from a 40
68+physician, physician assistant or advanced practice registered nurse or 41
69+from the director of health in such child's present or previous town of 42
70+residence, stating that the child has had a confirmed case of such 43
71+disease; [or (5)] (4) in the case of [hemophilus] haemophilus influenzae 44
72+type B has passed [his] such child's fifth birthday; or [(6)] (5) in the case 45
73+of pertussis, has passed [his] such child's sixth birthday, shall be exempt 46
74+from the appropriate provisions of this section. If the parents or 47
75+guardians of any child are unable to pay for such immunizations, the 48
76+expense of such immunizations shall, on the recommendations of such 49 Raised Bill No. 5044
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83-schedule for active immunization adopted pursuant to section 19a-7f 56
84-and be established by regulation adopted in accordance with the 57
85-provisions of chapter 54 by the Commissioner of Public Health, who 58
86-shall also be responsible for providing procedures under which [said] 59
87-such boards and [said] such similar governing bodies shall collect and 60
88-report immunization data on each child to the Department of Public 61
89-Health for (1) compilation and analysis by [said] the department, and 62
90-(2) release by the department of annual immunization rates for each 63
91-public and nonpublic school in the state, provided such immunization 64
92-data may not contain information that identifies a specific individual. 65
93-Sec. 2. Section 19a-25 of the general statutes is repealed and the 66
94-following is substituted in lieu thereof (Effective from passage): 67
95-(a) All information, records of interviews, written reports, statements, 68
96-notes, memoranda or other data, including personal data as defined in 69
97-subdivision (9) of section 4-190, procured by: [the] (1) The Department 70
98-of Public Health, by staff committees of facilities accredited by the 71
99-Department of Public Health or the maternity mortality review 72
100-committee, established pursuant to section 19a-59i, in connection with 73
101-studies of morbidity and mortality conducted by the Department of 74
102-Public Health, such staff committees or the maternal mortality review 75
103-committee, or carried on by said department, such staff committees or 76
104-the maternal mortality review committee jointly with other persons, 77
105-agencies or organizations, [or procured by] (2) the directors of health of 78
106-towns, cities or boroughs or the Department of Public Health pursuant 79
107-to section 19a-215, or [procured by] (3) such other persons, agencies or 80
108-organizations, for the purpose of reducing the morbidity or mortality 81
109-from any cause or condition, shall be confidential and shall be used 82
110-solely for the purposes of medical or scientific research and, for 83
111-information obtained pursuant to section 19a-215, disease prevention 84
112-and control by the local director of health and the Department of Public 85
113-Health. Such information, records, reports, statements, notes, 86
114-memoranda or other data shall not be admissible as evidence in any 87
115-action of any kind in any court or before any other tribunal, board, 88 Substitute Bill No. 5044
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82+board of education, be paid by the town. [Before being permitted to 50
83+enter seventh grade, the parents or guardian of any child who is exempt 51
84+on religious grounds from the immunization requirements of this 52
85+section, pursuant to subdivision (3) of this subsection, shall present to 53
86+such school a statement that such immunization requirements are 54
87+contrary to the religious beliefs of such child or the parents or guardian 55
88+of such child, which statement shall be acknowledged, in accordance 56
89+with the provisions of sections 1-32, 1-34 and 1-35, by (A) a judge of a 57
90+court of record or a family support magistrate, (B) a clerk or deputy clerk 58
91+of a court having a seal, (C) a town clerk, (D) a notary public, (E) a justice 59
92+of the peace, (F) an attorney admitted to the bar of this state, or (G) 60
93+notwithstanding any provision of chapter 6, a school nurse.] 61
94+(b) The definitions of adequate immunization shall reflect the 62
95+schedule for active immunization adopted pursuant to section 19a-7f 63
96+and be established by regulation adopted in accordance with the 64
97+provisions of chapter 54 by the Commissioner of Public Health, who 65
98+shall also be responsible for providing procedures under which [said] 66
99+such boards and [said] such similar governing bodies shall collect and 67
100+report immunization data on each child to the Department of Public 68
101+Health for (1) compilation and analysis by [said] the department, and 69
102+(2) release by the department of annual immunization rates for each 70
103+public and nonpublic school in the state, provided such immunization 71
104+data may not contain information that identifies a specific individual. 72
105+Sec. 2. Section 19a-25 of the general statutes is repealed and the 73
106+following is substituted in lieu thereof (Effective from passage): 74
107+(a) All information, records of interviews, written reports, statements, 75
108+notes, memoranda or other data, including personal data as defined in 76
109+subdivision (9) of section 4-190, procured by: [the] (1) The Department 77
110+of Public Health, by staff committees of facilities accredited by the 78
111+Department of Public Health or the maternity mortality review 79
112+committee, established pursuant to section 19a-59i, in connection with 80
113+studies of morbidity and mortality conducted by the Department of 81
114+Public Health, such staff committees or the maternal mortality review 82 Raised Bill No. 5044
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122-agency or person, nor shall it be exhibited or its contents disclosed in 89
123-any way, in whole or in part, by any officer or representative of the 90
124-Department of Public Health or of any such facility, by any person 91
125-participating in such a research project or by any other person, except 92
126-as may be necessary for the purpose of furthering the research project to 93
127-which it relates. 94
128-(b) Notwithstanding the provisions of chapter 55, the Department of 95
129-Public Health may exchange personal data for the purpose of medical 96
130-or scientific research, with any other governmental agency or private 97
131-research organization; provided such state, governmental agency or 98
132-private research organization shall not further disclose such personal 99
133-data. The Commissioner of Public Health shall adopt regulations, in 100
134-accordance with the provisions of chapter 54, consistent with the 101
135-purposes of this section to establish the procedures to ensure the 102
136-confidentiality of such disclosures. The furnishing of such information 103
137-to the Department of Public Health or its authorized representative, or 104
138-to any other agency cooperating in such a research project, shall not 105
139-subject any person, hospital, [sanitarium] behavioral health facility, rest 106
140-home, nursing home or other person or agency furnishing such 107
141-information to any action for damages or other relief because of such 108
142-disclosure. [This section shall not be deemed to affect disclosure] 109
143-(c) The provisions of this section shall not affect: (1) Disclosure of 110
144-regular hospital and medical records made in the course of the regular 111
145-notation of the care and treatment of any patient, but only records or 112
146-notations by [such] the staff committees described in subsection (a) of 113
147-this section pursuant to their work, or (2) release by the Department of 114
148-Public Health of annual immunization rates for each public and 115
149-nonpublic school in the state pursuant to section 10-204a, as amended 116
150-by this act. 117
151-Sec. 3. Section 10a-155 of the general statutes is repealed and the 118
152-following is substituted in lieu thereof (Effective from passage): 119
153-(a) Each institution of higher education shall require each full-time or 120 Substitute Bill No. 5044
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120+committee, or carried on by said department, such staff committees or 83
121+the maternal mortality review committee jointly with other persons, 84
122+agencies or organizations, [or procured by] (2) the directors of health of 85
123+towns, cities or boroughs or the Department of Public Health pursuant 86
124+to section 19a-215, or [procured by] (3) such other persons, agencies or 87
125+organizations, for the purpose of reducing the morbidity or mortality 88
126+from any cause or condition, shall be confidential and shall be used 89
127+solely for the purposes of medical or scientific research and, for 90
128+information obtained pursuant to section 19a-215, disease prevention 91
129+and control by the local director of health and the Department of Public 92
130+Health. Such information, records, reports, statements, notes, 93
131+memoranda or other data shall not be admissible as evidence in any 94
132+action of any kind in any court or before any other tribunal, board, 95
133+agency or person, nor shall it be exhibited or its contents disclosed in 96
134+any way, in whole or in part, by any officer or representative of the 97
135+Department of Public Health or of any such facility, by any person 98
136+participating in such a research project or by any other person, except 99
137+as may be necessary for the purpose of furthering the research project to 100
138+which it relates. 101
139+(b) Notwithstanding the provisions of chapter 55, the Department of 102
140+Public Health may exchange personal data for the purpose of medical 103
141+or scientific research, with any other governmental agency or private 104
142+research organization; provided such state, governmental agency or 105
143+private research organization shall not further disclose such personal 106
144+data. The Commissioner of Public Health shall adopt regulations, in 107
145+accordance with the provisions of chapter 54, consistent with the 108
146+purposes of this section to establish the procedures to ensure the 109
147+confidentiality of such disclosures. The furnishing of such information 110
148+to the Department of Public Health or its authorized representative, or 111
149+to any other agency cooperating in such a research project, shall not 112
150+subject any person, hospital, [sanitarium] behavioral health facility, rest 113
151+home, nursing home or other person or agency furnishing such 114
152+information to any action for damages or other relief because of such 115
153+disclosure. [This section shall not be deemed to affect disclosure] 116 Raised Bill No. 5044
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160-matriculating student born after December 31, 1956, to provide proof of 121
161-adequate immunization against measles, rubella, [and on and after 122
162-August 1, 2010, to provide proof of adequate immunization against] 123
163-mumps and varicella as recommended by the national Advisory 124
164-Committee for Immunization Practices before permitting such student 125
165-to enroll in such institution. [Any such] 126
166-(b) Notwithstanding the provisions of subsection (a) of this section, 127
167-any student who (1) presents a certificate, in a form prescribed by the 128
168-Commissioner of Public Health pursuant to section 7 of this act, from a 129
169-physician, physician assistant or an advanced practice registered nurse 130
170-stating that in the opinion of such physician, physician assistant or 131
171-advanced practice registered nurse such immunization is medically 132
172-contraindicated, (2) prior to the effective date of this section, provides a 133
173-statement that such immunization would be contrary to his or her 134
174-religious beliefs, (3) presents a certificate from a physician, physician 135
175-assistant, an advanced practice registered nurse or the director of health 136
176-in the student's present or previous town of residence, stating that the 137
177-student has had a confirmed case of such disease, (4) is enrolled 138
178-exclusively in a program for which students do not congregate on 139
179-campus for classes or to participate in institutional-sponsored events, 140
180-such as students enrolled in distance learning programs for 141
181-individualized home study or programs conducted entirely through 142
182-electronic media in a setting without other students present, or (5) 143
183-graduated from a public or nonpublic high school in this state in 1999 or 144
184-later and was not exempt from the measles, rubella, [and on and after 145
185-August 1, 2010, the] mumps and varicella vaccination requirement 146
186-pursuant to subdivision (2) or (3) of subsection (a) of section 10-204a 147
187-shall be exempt from the appropriate provisions of this section. 148
188-[(b)] (c) Each institution of higher education shall keep uniform 149
189-records of the immunizations and immunization status of each student, 150
190-based on the certificate of immunization or other evidence acceptable 151
191-pursuant to subsection (a) of this section. The record shall be part of the 152
192-student's permanent record. By November first of each year, the chief 153 Substitute Bill No. 5044
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159+(c) The provisions of this section shall not affect: (1) Disclosure of 117
160+regular hospital and medical records made in the course of the regular 118
161+notation of the care and treatment of any patient, but only records or 119
162+notations by [such] the staff committees described in subsection (a) of 120
163+this section pursuant to their work, or (2) release by the Department of 121
164+Public Health of annual immunization rates for each public and 122
165+nonpublic school in the state pursuant to section 10-204a, as amended 123
166+by this act. 124
167+Sec. 3. Section 10a-155 of the general statutes is repealed and the 125
168+following is substituted in lieu thereof (Effective from passage): 126
169+(a) Each institution of higher education shall require each full-time or 127
170+matriculating student born after December 31, 1956, to provide proof of 128
171+adequate immunization against measles, rubella, [and on and after 129
172+August 1, 2010, to provide proof of adequate immunization against] 130
173+mumps and varicella as recommended by the national Advisory 131
174+Committee for Immunization Practices before permitting such student 132
175+to enroll in such institution. [Any such] 133
176+(b) Notwithstanding the provisions of subsection (a) of this section, 134
177+any student who (1) presents a certificate, in a form prescribed by the 135
178+Commissioner of Public Health pursuant to section 6 of this act, from a 136
179+physician or an advanced practice registered nurse stating that in the 137
180+opinion of such physician or advanced practice registered nurse such 138
181+immunization is medically contraindicated, [(2) provides a statement 139
182+that such immunization would be contrary to his religious beliefs, (3)] 140
183+(2) presents a certificate from a physician, an advanced practice 141
184+registered nurse or the director of health in the student's present or 142
185+previous town of residence, stating that the student has had a confirmed 143
186+case of such disease, [(4)] (3) is enrolled exclusively in a program for 144
187+which students do not congregate on campus for classes or to participate 145
188+in institutional-sponsored events, such as students enrolled in distance 146
189+learning programs for individualized home study or programs 147
190+conducted entirely through electronic media in a setting without other 148
191+students present, [or (5)] (4) graduated from a public or nonpublic high 149 Raised Bill No. 5044
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199-administrative officer of each institution of higher education shall cause 154
200-to be submitted to the Commissioner of Public Health, on a form 155
201-provided by the commissioner, a summary report of the immunization 156
202-status of all students enrolling in such institution. 157
203-Sec. 4. Subsection (a) of section 10a-155b of the general statutes is 158
204-repealed and the following is substituted in lieu thereof (Effective from 159
205-passage): 160
206-(a) For students who first enroll in the 2014-2015 school year, and first 161
207-enroll in each school year thereafter, each public or private college or 162
208-university in this state shall require that each student who resides in on-163
209-campus housing be vaccinated against meningitis and submit evidence 164
210-of having received a meningococcal conjugate vaccine not more than 165
211-five years before enrollment as a condition of such residence. The 166
212-provisions of this subsection shall not apply to any such student who (1) 167
213-presents a certificate, in a form prescribed by the Commissioner of 168
214-Public Health pursuant to section 7 of this act, from a physician, an 169
215-advanced practice registered nurse or a physician assistant stating that, 170
216-in the opinion of such physician, advanced practice registered nurse or 171
217-physician assistant, such vaccination is medically contraindicated 172
218-because of the physical condition of such student, or (2) prior to the 173
219-effective date of this section, presents a statement that such vaccination 174
220-would be contrary to the religious beliefs of such student. 175
221-Sec. 5. Section 19a-79 of the 2020 supplement to the general statutes 176
222-is repealed and the following is substituted in lieu thereof (Effective from 177
223-passage): 178
224-(a) The Commissioner of Early Childhood shall adopt regulations, in 179
225-accordance with the provisions of chapter 54, to carry out the purposes 180
226-of sections 19a-77 to 19a-80, inclusive, and 19a-82 to 19a-87, inclusive, 181
227-and to assure that child care centers and group child care homes meet 182
228-the health, educational and social needs of children utilizing such child 183
229-care centers and group child care homes. Such regulations shall (1) 184
230-specify that before being permitted to attend any child care center or 185 Substitute Bill No. 5044
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197+school in this state in 1999 or later and was not exempt from the measles, 150
198+rubella, [and on and after August 1, 2010, the] mumps and varicella 151
199+vaccination requirement pursuant to subdivision (2) [or (3)] of 152
200+subsection (a) of section 10-204a, as amended by this act, or (5) prior to 153
201+July 1, 2020, was exempt from the appropriate provisions of this section 154
202+upon presentation of a statement that such immunization would be 155
203+contrary to his or her religious beliefs and, prior to the first day of the 156
204+fall semester of 2020, presents a certificate, in a form prescribed by the 157
205+Commissioner of Public Health, from a physician or advanced practice 158
206+registered nurse stating that an immunization against measles, rubella, 159
207+mumps and varicella has been given to the student and that any 160
208+additional necessary immunizations of the student against measles, 161
209+rubella, mumps and varicella are in process under guidelines specified 162
210+by the Commissioner of Public Health or as recommended for the 163
211+student by the physician or advanced practice registered nurse, shall be 164
212+exempt from the appropriate provisions of this section. 165
213+[(b)] (c) Each institution of higher education shall keep uniform 166
214+records of the immunizations and immunization status of each student, 167
215+based on the certificate of immunization or other evidence acceptable 168
216+pursuant to subsection (a) of this section. The record shall be part of the 169
217+student's permanent record. By November first of each year, the chief 170
218+administrative officer of each institution of higher education shall cause 171
219+to be submitted to the Commissioner of Public Health, on a form 172
220+provided by the commissioner, a summary report of the immunization 173
221+status of all students enrolling in such institution. 174
222+Sec. 4. Subsection (a) of section 10a-155b of the general statutes is 175
223+repealed and the following is substituted in lieu thereof (Effective from 176
224+passage): 177
225+(a) For students who first enroll in the 2014-2015 school year, and first 178
226+enroll in each school year thereafter, each public or private college or 179
227+university in this state shall require that each student who resides in on-180
228+campus housing be vaccinated against meningitis and submit evidence 181
229+of having received a meningococcal conjugate vaccine not more than 182 Raised Bill No. 5044
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237-group child care home, each child shall be protected as age-appropriate 186
238-by adequate immunization against diphtheria, pertussis, tetanus, 187
239-poliomyelitis, measles, mumps, rubella, [hemophilus] haemophilus 188
240-influenzae type B and any other vaccine required by the schedule of 189
241-active immunization adopted pursuant to section 19a-7f, [including 190
242-appropriate exemptions for children for whom such immunization is 191
243-medically contraindicated and for children whose parent or guardian 192
244-objects to such immunization on religious grounds, and that any 193
245-objection by a parent or a guardian to immunization of a child on 194
246-religious grounds shall be accompanied by a statement from such parent 195
247-or guardian that such immunization would be contrary to the religious 196
248-beliefs of such child or the parent or guardian of such child, which 197
249-statement shall be acknowledged, in accordance with the provisions of 198
250-sections 1-32, 1-34 and 1-35, by (A) a judge of a court of record or a family 199
251-support magistrate, (B) a clerk or deputy clerk of a court having a seal, 200
252-(C) a town clerk, (D) a notary public, (E) a justice of the peace, or (F) an 201
253-attorney admitted to the bar of this state,] (2) specify conditions under 202
254-which child care center directors and teachers and group child care 203
255-home providers may administer tests to monitor glucose levels in a child 204
256-with diagnosed diabetes mellitus, and administer medicinal 205
257-preparations, including controlled drugs specified in the regulations by 206
258-the commissioner, to a child receiving child care services at such child 207
259-care center or group child care home pursuant to the written order of a 208
260-physician licensed to practice medicine or a dentist licensed to practice 209
261-dental medicine in this or another state, or an advanced practice 210
262-registered nurse licensed to prescribe in accordance with section 20-94a, 211
263-or a physician assistant licensed to prescribe in accordance with section 212
264-20-12d, and the written authorization of a parent or guardian of such 213
265-child, (3) specify that an operator of a child care center or group child 214
266-care home, licensed before January 1, 1986, or an operator who receives 215
267-a license after January 1, 1986, for a facility licensed prior to January 1, 216
268-1986, shall provide a minimum of thirty square feet per child of total 217
269-indoor usable space, free of furniture except that needed for the 218
270-children's purposes, exclusive of toilet rooms, bathrooms, coatrooms, 219
271-kitchens, halls, isolation room or other rooms used for purposes other 220 Substitute Bill No. 5044
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235+five years before enrollment as a condition of such residence. The 183
236+provisions of this subsection shall not apply to any such student who (1) 184
237+presents a certificate, in a form prescribed by the Commissioner of 185
238+Public Health pursuant to section 6 of this act, from a physician, an 186
239+advanced practice registered nurse or a physician assistant stating that, 187
240+in the opinion of such physician, advanced practice registered nurse or 188
241+physician assistant, such vaccination is medically contraindicated 189
242+because of the physical condition of such student, or (2) [presents a 190
243+statement that such vaccination would be contrary to the religious 191
244+beliefs of such student] prior to July 1, 2020, was exempt from the 192
245+provisions of this subsection upon presentation of a statement that such 193
246+vaccination would be contrary to the religious beliefs of such student 194
247+and, prior to the first day of the fall semester of 2020, presents a 195
248+certificate, in a form prescribed by the Commissioner of Public Health, 196
249+from a physician, an advanced practice registered nurse or a physician 197
250+assistant stating that a meningococcal conjugate vaccine has been given 198
251+to such student and that any additional necessary vaccinations of the 199
252+student against meningitis are in process under guidelines specified by 200
253+the Commissioner of Public Health or as recommended for the student 201
254+by the physician, advanced practice registered nurse or a physician 202
255+assistant. 203
256+Sec. 5. Section 19a-79 of the 2020 supplement to the general statutes 204
257+is repealed and the following is substituted in lieu thereof (Effective from 205
258+passage): 206
259+(a) The Commissioner of Early Childhood shall adopt regulations, in 207
260+accordance with the provisions of chapter 54, to carry out the purposes 208
261+of sections 19a-77 to 19a-80, inclusive, and 19a-82 to 19a-87, inclusive, 209
262+and to assure that child care centers and group child care homes meet 210
263+the health, educational and social needs of children utilizing such child 211
264+care centers and group child care homes. Such regulations shall (1) 212
265+specify that before being permitted to attend any child care center or 213
266+group child care home, each child shall be protected as age-appropriate 214
267+by adequate immunization against diphtheria, pertussis, tetanus, 215
268+poliomyelitis, measles, mumps, rubella, [hemophilus] haemophilus 216 Raised Bill No. 5044
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278-than the activities of the children, (4) specify that a child care center or 221
279-group child care home licensed after January 1, 1986, shall provide 222
280-thirty-five square feet per child of total indoor usable space, (5) establish 223
281-appropriate child care center staffing requirements for employees 224
282-certified in cardiopulmonary resuscitation by the American Red Cross, 225
283-the American Heart Association, the National Safety Council, American 226
284-Safety and Health Institute, Medic First Aid International, Inc. or an 227
285-organization using guidelines for cardiopulmonary resuscitation and 228
286-emergency cardiovascular care published by the American Heart 229
287-Association and International Liaison Committee on Resuscitation, (6) 230
288-specify that [on and after January 1, 2003,] a child care center or group 231
289-child care home (A) shall not deny services to a child on the basis of a 232
290-child's known or suspected allergy or because a child has a prescription 233
291-for an automatic prefilled cartridge injector or similar automatic 234
292-injectable equipment used to treat an allergic reaction, or for injectable 235
293-equipment used to administer glucagon, (B) shall, not later than three 236
294-weeks after such child's enrollment in such a center or home, have staff 237
295-trained in the use of such equipment on-site during all hours when such 238
296-a child is on-site, (C) shall require such child's parent or guardian to 239
297-provide the injector or injectable equipment and a copy of the 240
298-prescription for such medication and injector or injectable equipment 241
299-upon enrollment of such child, and (D) shall require a parent or 242
300-guardian enrolling such a child to replace such medication and 243
301-equipment prior to its expiration date, (7) specify that [on and after 244
302-January 1, 2005,] a child care center or group child care home (A) shall 245
303-not deny services to a child on the basis of a child's diagnosis of asthma 246
304-or because a child has a prescription for an inhalant medication to treat 247
305-asthma, and (B) shall, not later than three weeks after such child's 248
306-enrollment in such a center or home, have staff trained in the 249
307-administration of such medication on-site during all hours when such a 250
308-child is on-site, and (8) establish physical plant requirements for 251
309-licensed child care centers and licensed group child care homes that 252
310-exclusively serve school-age children. When establishing such 253
311-requirements, the Office of Early Childhood shall give consideration to 254
312-child care centers and group child care homes that are located in private 255 Substitute Bill No. 5044
272+LCO No. 698 8 of 16
273+
274+influenzae type B and any other vaccine required by the schedule of 217
275+active immunization adopted pursuant to section 19a-7f, [including 218
276+appropriate exemptions for children for whom such immunization is 219
277+medically contraindicated and for children whose parent or guardian 220
278+objects to such immunization on religious grounds, and that any 221
279+objection by a parent or a guardian to immunization of a child on 222
280+religious grounds shall be accompanied by a statement from such parent 223
281+or guardian that such immunization would be contrary to the religious 224
282+beliefs of such child or the parent or guardian of such child, which 225
283+statement shall be acknowledged, in accordance with the provisions of 226
284+sections 1-32, 1-34 and 1-35, by (A) a judge of a court of record or a family 227
285+support magistrate, (B) a clerk or deputy clerk of a court having a seal, 228
286+(C) a town clerk, (D) a notary public, (E) a justice of the peace, or (F) an 229
287+attorney admitted to the bar of this state,] (2) specify conditions under 230
288+which child care center directors and teachers and group child care 231
289+home providers may administer tests to monitor glucose levels in a child 232
290+with diagnosed diabetes mellitus, and administer medicinal 233
291+preparations, including controlled drugs specified in the regulations by 234
292+the commissioner, to a child receiving child care services at such child 235
293+care center or group child care home pursuant to the written order of a 236
294+physician licensed to practice medicine or a dentist licensed to practice 237
295+dental medicine in this or another state, or an advanced practice 238
296+registered nurse licensed to prescribe in accordance with section 20-94a, 239
297+or a physician assistant licensed to prescribe in accordance with section 240
298+20-12d, and the written authorization of a parent or guardian of such 241
299+child, (3) specify that an operator of a child care center or group child 242
300+care home, licensed before January 1, 1986, or an operator who receives 243
301+a license after January 1, 1986, for a facility licensed prior to January 1, 244
302+1986, shall provide a minimum of thirty square feet per child of total 245
303+indoor usable space, free of furniture except that needed for the 246
304+children's purposes, exclusive of toilet rooms, bathrooms, coatrooms, 247
305+kitchens, halls, isolation room or other rooms used for purposes other 248
306+than the activities of the children, (4) specify that a child care center or 249
307+group child care home licensed after January 1, 1986, shall provide 250
308+thirty-five square feet per child of total indoor usable space, (5) establish 251 Raised Bill No. 5044
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319-or public school buildings. With respect to this subdivision only, the 256
320-commissioner shall implement policies and procedures necessary to 257
321-implement the physical plant requirements established pursuant to this 258
322-subdivision while in the process of adopting such policies and 259
323-procedures in regulation form. Until replaced by policies and 260
324-procedures implemented pursuant to this subdivision, any physical 261
325-plant requirement specified in the office's regulations that is generally 262
326-applicable to child care centers and group child care homes shall 263
327-continue to be applicable to such centers and homes that exclusively 264
328-serve school-age children. The commissioner shall print notice of the 265
329-intent to adopt regulations pursuant to this subdivision on the 266
330-eRegulations System not later than twenty days after the date of 267
331-implementation of such policies and procedures. Policies and 268
332-procedures implemented pursuant to this subdivision shall be valid 269
333-until the time final regulations are adopted. 270
334-(b) Any child who (1) presents a certificate, in a form prescribed by 271
335-the Commissioner of Public Health pursuant to section 7 of this act, 272
336-signed by a physician, physician assistant or advanced practice 273
337-registered nurse stating that, in the opinion of such physician, physician 274
338-assistant or advanced practice registered nurse, the immunizations 275
339-required pursuant to regulations adopted pursuant to subdivision (1) of 276
340-subsection (a) of this section are medically contraindicated, or (2) prior 277
341-to the effective date of this section, presents a statement that such 278
342-immunizations would be contrary to the religious beliefs of such child 279
343-or the parents or guardians of such child, shall be exempt from the 280
344-immunization requirements set forth in such regulations. Such 281
345-statement shall be acknowledged, in accordance with the provisions of 282
346-sections 1-32, 1-34 and 1-35, by (A) a judge of a court of record or a family 283
347-support magistrate, (B) a clerk or deputy clerk of a court having a seal, 284
348-(C) a town clerk, (D) a notary public, (E) a justice of the peace, or (F) an 285
349-attorney admitted to the bar of this state. 286
350-[(b)] (c) The commissioner may adopt regulations, pursuant to 287
351-chapter 54, to establish civil penalties of not more than one hundred 288 Substitute Bill No. 5044
312+LCO No. 698 9 of 16
313+
314+appropriate child care center staffing requirements for employees 252
315+certified in cardiopulmonary resuscitation by the American Red Cross, 253
316+the American Heart Association, the National Safety Council, American 254
317+Safety and Health Institute, Medic First Aid International, Inc. or an 255
318+organization using guidelines for cardiopulmonary resuscitation and 256
319+emergency cardiovascular care published by the American Heart 257
320+Association and International Liaison Committee on Resuscitation, (6) 258
321+specify that [on and after January 1, 2003,] a child care center or group 259
322+child care home (A) shall not deny services to a child on the basis of a 260
323+child's known or suspected allergy or because a child has a prescription 261
324+for an automatic prefilled cartridge injector or similar automatic 262
325+injectable equipment used to treat an allergic reaction, or for injectable 263
326+equipment used to administer glucagon, (B) shall, not later than three 264
327+weeks after such child's enrollment in such a center or home, have staff 265
328+trained in the use of such equipment on-site during all hours when such 266
329+a child is on-site, (C) shall require such child's parent or guardian to 267
330+provide the injector or injectable equipment and a copy of the 268
331+prescription for such medication and injector or injectable equipment 269
332+upon enrollment of such child, and (D) shall require a parent or 270
333+guardian enrolling such a child to replace such medication and 271
334+equipment prior to its expiration date, (7) specify that [on and after 272
335+January 1, 2005,] a child care center or group child care home (A) shall 273
336+not deny services to a child on the basis of a child's diagnosis of asthma 274
337+or because a child has a prescription for an inhalant medication to treat 275
338+asthma, and (B) shall, not later than three weeks after such child's 276
339+enrollment in such a center or home, have staff trained in the 277
340+administration of such medication on-site during all hours when such a 278
341+child is on-site, and (8) establish physical plant requirements for 279
342+licensed child care centers and licensed group child care homes that 280
343+exclusively serve school-age children. When establishing such 281
344+requirements, the Office of Early Childhood shall give consideration to 282
345+child care centers and group child care homes that are located in private 283
346+or public school buildings. With respect to this subdivision only, the 284
347+commissioner shall implement policies and procedures necessary to 285
348+implement the physical plant requirements established pursuant to this 286 Raised Bill No. 5044
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358-dollars per day for each day of violation and other disciplinary remedies 289
359-that may be imposed, following a contested-case hearing, upon the 290
360-holder of a license issued under section 19a-80 to operate a child care 291
361-center or group child care home or upon the holder of a license issued 292
362-under section 19a-87b, as amended by this act, to operate a family child 293
363-care home. 294
364-[(c)] (d) The commissioner shall exempt Montessori schools 295
365-accredited by the American Montessori Society or the Association 296
366-Montessori Internationale from any provision in regulations adopted 297
367-pursuant to subsection (a) of this section which sets requirements on 298
368-group size or child to staff ratios or the provision of cots. 299
369-[(d)] (e) Upon the declaration by the Governor of a civil preparedness 300
370-emergency pursuant to section 28-9 or a public health emergency 301
371-pursuant to section 19a-131a, the commissioner may waive the 302
372-provisions of any regulation adopted pursuant to this section if the 303
373-commissioner determines that such waiver would not endanger the life, 304
374-safety or health of any child. The commissioner shall prescribe the 305
375-duration of such waiver, provided such waiver shall not extend beyond 306
376-the duration of the declared emergency. The commissioner shall 307
377-establish the criteria by which a waiver request shall be made and the 308
378-conditions for which a waiver will be granted or denied. The provisions 309
379-of section 19a-84 shall not apply to a denial of a waiver request under 310
380-this subsection. 311
381-[(e)] (f) Any child care center or group child care home may provide 312
382-child care services to homeless children and youths, as defined in 42 313
383-USC 11434a, as amended from time to time, for a period not to exceed 314
384-ninety days without complying with any provision in regulations 315
385-adopted pursuant to this section relating to immunization and physical 316
386-examination requirements. Any child care center or group child care 317
387-home that provides child care services to homeless children and youths 318
388-at such center or home under this subsection shall maintain a record on 319
389-file of all homeless children and youths who have attended such center 320
390-or home for a period of two years after such homeless children or youths 321 Substitute Bill No. 5044
352+LCO No. 698 10 of 16
353+
354+subdivision while in the process of adopting such policies and 287
355+procedures in regulation form. Until replaced by policies and 288
356+procedures implemented pursuant to this subdivision, any physical 289
357+plant requirement specified in the office's regulations that is generally 290
358+applicable to child care centers and group child care homes shall 291
359+continue to be applicable to such centers and homes that exclusively 292
360+serve school-age children. The commissioner shall print notice of the 293
361+intent to adopt regulations pursuant to this subdivision on the 294
362+eRegulations System not later than twenty days after the date of 295
363+implementation of such policies and procedures. Policies and 296
364+procedures implemented pursuant to this subdivision shall be valid 297
365+until the time final regulations are adopted. 298
366+(b) Any child who (1) presents a certificate, in a form prescribed by 299
367+the Commissioner of Public Health pursuant to section 6 of this act, 300
368+signed by a physician, physician assistant or advanced practice 301
369+registered nurse stating that, in the opinion of such physician, physician 302
370+assistant or advanced practice registered nurse, the immunizations 303
371+required pursuant to regulations adopted pursuant to subdivision (1) of 304
372+subsection (a) of this section are medically contraindicated, or (2) prior 305
373+to July 1, 2020, was exempt from the immunization requirements set 306
374+forth in such regulations upon presentation of a statement that such 307
375+immunizations would be contrary to the religious beliefs of such child 308
376+or the parents or guardians of such child and, on or before September 1, 309
377+2020, presents a certificate, in a form prescribed by the Commissioner of 310
378+Public Health, from a physician, physician assistant or advanced 311
379+practice registered nurse stating that an immunization against 312
380+diphtheria, pertussis, tetanus, poliomyelitis, measles, mumps, rubella, 313
381+haemophilus influenzae type B and any other vaccine required by the 314
382+schedule of active immunization adopted pursuant to section 19a-7f has 315
383+been given to such child and that any additional neces sary 316
384+immunizations of such student against diphtheria, pertussis, tetanus, 317
385+poliomyelitis, measles, mumps, rubella, haemophilus influenzae type B 318
386+and any other vaccine required by such schedule of active immunization 319
387+are in process under guidelines specified by the Commissioner of Public 320 Raised Bill No. 5044
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397-are no longer receiving child care services at such center or home. 322
398-[(f)] (g) Any child care center or group child care home may provide 323
399-child care services to a foster child for a period not to exceed forty-five 324
400-days without complying with any provision in regulations adopted 325
401-pursuant to this section relating to immunization and physical 326
402-examination requirements. Any child care center or group child care 327
403-home that provides child care services to a foster child at such center or 328
404-home under this subsection shall maintain a record on file of such foster 329
405-child for a period of two years after such foster child is no longer 330
406-receiving child care services at such center or home. For purposes of this 331
407-subsection, "foster child" means a child who is in the care and custody 332
408-of the Commissioner of Children and Families and placed in a foster 333
409-home licensed pursuant to section 17a-114, foster home approved by a 334
410-child-placing agency licensed pursuant to section 17a-149, facility 335
411-licensed pursuant to section 17a-145 or with a relative or fictive kin 336
412-caregiver pursuant to section 17a-114. 337
413-Sec. 6. Section 19a-87b of the 2020 supplement to the general statutes 338
414-is repealed and the following is substituted in lieu thereof (Effective from 339
415-passage): 340
416-(a) No person, group of persons, association, organization, 341
417-corporation, institution or agency, public or private, shall maintain a 342
418-family child care home, as defined in section 19a-77, without a license 343
419-issued by the Commissioner of Early Childhood. Licensure forms shall 344
420-be obtained from the Office of Early Childhood. Applications for 345
421-licensure shall be made to the commissioner on forms provided by the 346
422-office and shall contain the information required by regulations adopted 347
423-under this section. The licensure and application forms shall contain a 348
424-notice that false statements made therein are punishable in accordance 349
425-with section 53a-157b. Applicants shall state, in writing, that they are in 350
426-compliance with the regulations adopted by the commissioner pursuant 351
427-to subsection (f) of this section. Before a family child care home license 352
428-is granted, the office shall make an inquiry and investigation which shall 353
429-include a visit and inspection of the premises for which the license is 354 Substitute Bill No. 5044
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392+
393+Health or as recommended for the child by the physician, physician 321
394+assistant or advanced practice registered nurse, shall be exempt from 322
395+the immunization requirements set forth in such regulations. 323
396+[(b)] (c) The commissioner may adopt regulations, pursuant to 324
397+chapter 54, to establish civil penalties of not more than one hundred 325
398+dollars per day for each day of violation and other disciplinary remedies 326
399+that may be imposed, following a contested-case hearing, upon the 327
400+holder of a license issued under section 19a-80 to operate a child care 328
401+center or group child care home or upon the holder of a license issued 329
402+under section 19a-87b to operate a family child care home. 330
403+[(c)] (d) The commissioner shall exempt Montessori schools 331
404+accredited by the American Montessori Society or the Association 332
405+Montessori Internationale from any provision in regulations adopted 333
406+pursuant to subsection (a) of this section which sets requirements on 334
407+group size or child to staff ratios or the provision of cots. 335
408+[(d)] (e) Upon the declaration by the Governor of a civil preparedness 336
409+emergency pursuant to section 28-9 or a public health emergency 337
410+pursuant to section 19a-131a, the commissioner may waive the 338
411+provisions of any regulation adopted pursuant to this section if the 339
412+commissioner determines that such waiver would not endanger the life, 340
413+safety or health of any child. The commissioner shall prescribe the 341
414+duration of such waiver, provided such waiver shall not extend beyond 342
415+the duration of the declared emergency. The commissioner shall 343
416+establish the criteria by which a waiver request shall be made and the 344
417+conditions for which a waiver will be granted or denied. The provisions 345
418+of section 19a-84 shall not apply to a denial of a waiver request under 346
419+this subsection. 347
420+[(e)] (f) Any child care center or group child care home may provide 348
421+child care services to homeless children and youths, as defined in 42 349
422+USC 11434a, as amended from time to time, for a period not to exceed 350
423+ninety days without complying with any provision in regulations 351
424+adopted pursuant to this section relating to immunization and physical 352 Raised Bill No. 5044
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436-requested. Any inspection conducted by the office shall include an 355
437-inspection for evident sources of lead poisoning. The office shall provide 356
438-for a chemical analysis of any paint chips found on such premises. 357
439-Neither the commissioner nor the commissioner's designee shall require 358
440-an annual inspection for homes seeking license renewal or for licensed 359
441-homes, except that the commissioner or the commissioner's designee 360
442-shall make an unannounced visit, inspection or investigation of each 361
443-licensed family child care home at least once every year. A licensed 362
444-family child care home shall not be subject to any conditions on the 363
445-operation of such home by local officials, other than those imposed by 364
446-the office pursuant to this subsection, if the home complies with all local 365
447-codes and ordinances applicable to single and multifamily dwellings. 366
448-(b) No person shall act as an assistant or substitute staff member to a 367
449-person or entity maintaining a family child care home, as defined in 368
450-section 19a-77, without an approval issued by the commissioner. Any 369
451-person seeking to act as an assistant or substitute staff member in a 370
452-family child care home shall submit an application for such approval to 371
453-the office. Applications for approval shall: (1) Be made to the 372
454-commissioner on forms provided by the office, (2) contain the 373
455-information required by regulations adopted under this section, and (3) 374
456-be accompanied by a fee of fifteen dollars. The approval application 375
457-forms shall contain a notice that false statements made in such form are 376
458-punishable in accordance with section 53a-157b. 377
459-(c) The commissioner, within available appropriations, shall require 378
460-each initial applicant or prospective employee of a family child care 379
461-home in a position requiring the provision of care to a child, including 380
462-an assistant or substitute staff member and each household member 381
463-who is sixteen years of age or older, to submit to comprehensive 382
464-background checks, including state and national criminal history 383
465-records checks. The criminal history records checks required pursuant 384
466-to this subsection shall be conducted in accordance with section 29-17a. 385
467-The commissioner shall also request a check of the state child abuse 386
468-registry established pursuant to section 17a-101k. The commissioner 387 Substitute Bill No. 5044
428+LCO No. 698 12 of 16
429+
430+examination requirements. Any child care center or group child care 353
431+home that provides child care services to homeless children and youths 354
432+at such center or home under this subsection shall maintain a record on 355
433+file of all homeless children and youths who have attended such center 356
434+or home for a period of two years after such homeless children or youths 357
435+are no longer receiving child care services at such center or home. 358
436+[(f)] (g) Any child care center or group child care home may provide 359
437+child care services to a foster child for a period not to exceed forty-five 360
438+days without complying with any provision in regulations adopted 361
439+pursuant to this section relating to immunization and physical 362
440+examination requirements. Any child care center or group child care 363
441+home that provides child care services to a foster child at such center or 364
442+home under this subsection shall maintain a record on file of such foster 365
443+child for a period of two years after such foster child is no longer 366
444+receiving child care services at such center or home. For purposes of this 367
445+subsection, "foster child" means a child who is in the care and custody 368
446+of the Commissioner of Children and Families and placed in a foster 369
447+home licensed pursuant to section 17a-114, foster home approved by a 370
448+child-placing agency licensed pursuant to section 17a-149, facility 371
449+licensed pursuant to section 17a-145 or with a relative or fictive kin 372
450+caregiver pursuant to section 17a-114. 373
451+Sec. 6. (Effective from passage) On or before October 1, 2020, the 374
452+Commissioner of Public Health shall develop and make available on the 375
453+Internet web site of the Department of Public Health a certificate for use 376
454+by a physician, physician assistant or advanced practice registered 377
455+nurse stating that, in the opinion of such physician, physician assistant 378
456+or advanced practice registered nurse, a vaccination required by the 379
457+general statutes is medically contraindicated for a person because of the 380
458+physical condition of such person. The certificate shall include (1) 381
459+definitions of the terms "contraindication" and "precaution", (2) a list of 382
460+contraindications and precautions recognized by the National Centers 383
461+for Disease Control and Prevention for each of the statutorily required 384
462+vaccinations, from which the physician, physician assistant or advanced 385
463+practice registered nurse may select the relevant contraindication or 386 Raised Bill No. 5044
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475-shall notify each licensee of the provisions of this subsection. For 388
476-purposes of this subsection, "household member" means any person, 389
477-other than the person who is licensed to conduct, operate or maintain a 390
478-family child care home, who resides in the family child care home, such 391
479-as the licensee's spouse or children, tenants and any other occupant. 392
480-(d) An application for initial licensure pursuant to this section shall 393
481-be accompanied by a fee of forty dollars and such license shall be issued 394
482-for a term of four years. An application for renewal of a license issued 395
483-pursuant to this section shall be accompanied by a fee of forty dollars 396
484-and a certification from the licensee that any child enrolled in the family 397
485-child care home has received age-appropriate immunizations in 398
486-accordance with regulations adopted pursuant to subsection (f) of this 399
487-section. A license issued pursuant to this section shall be renewed for a 400
488-term of four years. In the case of an applicant submitting an application 401
489-for renewal of a license that has expired, and who has ceased operations 402
490-of a family child care home due to such expired license, the 403
491-commissioner may renew such expired license within thirty days of the 404
492-date of such expiration upon receipt of an application for renewal that 405
493-is accompanied by such fee and such certification. 406
494-(e) An application for initial staff approval or renewal of staff 407
495-approval shall be accompanied by a fee of fifteen dollars. Such 408
496-approvals shall be issued or renewed for a term of two years. 409
497-(f) The commissioner shall adopt regulations, in accordance with the 410
498-provisions of chapter 54, to assure that family child care homes, as 411
499-defined in section 19a-77, meet the health, educational and social needs 412
500-of children utilizing such homes. Such regulations shall ensure that the 413
501-family child care home is treated as a residence, and not an institutional 414
502-facility. Such regulations shall specify that each child be protected as 415
503-age-appropriate by adequate immunization against diphtheria, 416
504-pertussis, tetanus, poliomyelitis, measles, mumps, rubella, 417
505-[hemophilus] haemophilus influenzae type B and any other vaccine 418
506-required by the schedule of active immunization adopted pursuant to 419
507-section 19a-7f. [Such regulations shall provide appropriate exemptions 420 Substitute Bill No. 5044
467+LCO No. 698 13 of 16
468+
469+precaution on behalf of such person, (3) a section in which the physician, 387
470+physician assistant or advanced practice registered nurse may record a 388
471+contraindication or precaution that is not recognized by the National 389
472+Centers for Disease Control and Prevention, but in his or her discretion, 390
473+results in the vaccination being medically contraindicated, (4) a section 391
474+in which the physician, physician assistant or advanced practice 392
475+registered nurse may include a written explanation for the exemption 393
476+from any statutorily required vaccinations, (5) a section requiring the 394
477+signature of the physician, physician assistant or advanced practice 395
478+registered nurse, (6) a requirement that the physician, physician 396
479+assistant or advanced practice registered nurse attach such person's 397
480+most current immunization record, and (7) a synopsis of the grounds for 398
481+any order of quarantine or isolation pursuant to section 19a-131b of the 399
482+general statutes. 400
483+Sec. 7. (NEW) (Effective from passage) (a) There is established an 401
484+Advisory Committee on Medically Contraindicated Vaccinations within 402
485+the Department of Public Health for the purpose of advising the 403
486+Commissioner of Public Health on issues concerning exemptions from 404
487+state or federal requirements for vaccinations that result from a 405
488+physician, physician assistant or advanced practice registered nurse 406
489+stating that a vaccination is medically contraindicated for a person due 407
490+to the medical condition of such person. For the purpose of performing 408
491+its function, the advisory committee shall (1) have access to the 409
492+childhood immunization registry established by the department 410
493+pursuant to section 19a-7h of the general statutes, (2) evaluate the 411
494+process used by the Department of Public Health in collecting data 412
495+concerning exemptions resulting from a vaccination being medically 413
496+contraindicated and whether the department should have any oversight 414
497+over such exemptions, (3) examine whether enrollment of an 415
498+unvaccinated child into a program operated by a public or nonpublic 416
499+school, institution of higher education, child care center or group child 417
500+care home should be conditioned upon the child meeting certain 418
501+criteria, (4) calculate the ratio of school nurses to students in each public 419
502+and nonpublic school in the state and the funding issues surrounding 420 Raised Bill No. 5044
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514-for children for whom such immunization is medically contraindicated 421
515-and for children whose parents or guardian objects to such 422
516-immunization on religious grounds and require that any such objection 423
517-be accompanied by a statement from such parents or guardian that such 424
518-immunization would be contrary to the religious beliefs of such child or 425
519-the parents or guardian of such child, which statement shall be 426
520-acknowledged, in accordance with the provisions of sections 1-32, 1-34 427
521-and 1-35, by (1) a judge of a court of record or a family support 428
522-magistrate, (2) a clerk or deputy clerk of a court having a seal, (3) a town 429
523-clerk, (4) a notary public, (5) a justice of the peace, or (6) an attorney 430
524-admitted to the bar of this state.] Such regulations shall also specify 431
525-conditions under which family child care home providers may 432
526-administer tests to monitor glucose levels in a child with diagnosed 433
527-diabetes mellitus, and administer medicinal preparations, including 434
528-controlled drugs specified in the regulations by the commissioner, to a 435
529-child receiving child care services at a family child care home pursuant 436
530-to a written order of a physician licensed to practice medicine in this or 437
531-another state, an advanced practice registered nurse licensed to 438
532-prescribe in accordance with section 20-94a or a physician assistant 439
533-licensed to prescribe in accordance with section 20-12d, and the written 440
534-authorization of a parent or guardian of such child. Such regulations 441
535-shall specify appropriate standards for extended care and intermittent 442
536-short-term overnight care. The commissioner shall inform each licensee, 443
537-by way of a plain language summary provided not later than sixty days 444
538-after the regulation's effective date, of any new or changed regulations 445
539-adopted under this subsection with which a licensee must comply. 446
540-(g) Any child who (1) presents a certificate, in a form prescribed by 447
541-the Commissioner of Public Health pursuant to section 7 of this act, 448
542-signed by a physician, physician assistant or advanced practice 449
543-registered nurse stating that, in the opinion of such physician, physician 450
544-assistant or advanced practice registered nurse, the immunizations 451
545-required pursuant to regulations adopted pursuant to subsection (f) of 452
546-this section are medically contraindicated, or (2) prior to the effective 453
547-date of this section, presents a statement that such immunizations 454 Substitute Bill No. 5044
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508+such ratio, (5) assess whether immunizations should be required more 421
509+frequently than prior to enrollment into a program operated by a public 422
510+or nonpublic school and prior to entering seventh grade, and (6) 423
511+determine whether (A) there are any discrepancies in the issuance of 424
512+certificates stating that a vaccine is medically contraindicated, and (B) to 425
513+recommend continuing education of physicians, physician assistants or 426
514+advanced practice registered nurses in vaccine contraindications and 427
515+precautions. All information obtained by the advisory committee from 428
516+such registry shall be confidential pursuant to section 19a-25 of the 429
517+general statutes, as amended by this act. 430
518+(b) The advisory committee shall consist of the following members: 431
519+(1) Two appointed by the speaker of the House of Representatives, 432
520+one of whom shall be a physician licensed pursuant to chapter 370 of the 433
521+general statutes who is a pediatrician, and one of whom shall be a 434
522+member of the public; 435
523+(2) Two appointed by the president pro tempore of the Senate, one of 436
524+whom shall be a physician licensed pursuant to chapter 370 of the 437
525+general statutes who has expertise in the efficacy of vaccines, and one of 438
526+whom shall be a member of the public; 439
527+(3) One appointed by the majority leader of the House of 440
528+Representatives, who shall be a school nurse; 441
529+(4) One appointed by the majority leader of the Senate, who shall be 442
530+a physician assistant licensed pursuant to chapter 370 of the general 443
531+statutes who has experience in the administration of vaccines; 444
532+(5) One appointed by the minority leader of the House of 445
533+Representatives, who shall be an advanced practice registered nurse 446
534+licensed pursuant to chapter 378 of the general statutes who has 447
535+experience in the administration of vaccines; 448
536+(6) One appointed by the minority leader of the Senate, who shall be 449
537+a representative of the Connecticut Chapter of the American Academy 450 Raised Bill No. 5044
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554-would be contrary to the religious beliefs of such child or the parents or 455
555-guardians of such child, shall be exempt from the immunization 456
556-requirements set forth in such regulations. Such statement shall be 457
557-acknowledged, in accordance with the provisions of sections 1-32, 1-34 458
558-and 1-35, by (A) a judge of a court of record or a family support 459
559-magistrate, (B) a clerk or deputy clerk of a court having a seal, (C) a town 460
560-clerk, (D) a notary public, (E) a justice of the peace, or (F) an attorney 461
561-admitted to the bar of this state. 462
562-[(g)] (h) Upon the declaration by the Governor of a civil preparedness 463
563-emergency pursuant to section 28-9 or a public health emergency 464
564-pursuant to section 19a-131a, the commissioner may waive the 465
565-provisions of any regulation adopted pursuant to this section if the 466
566-commissioner determines that such waiver would not endanger the life, 467
567-safety or health of any child. The commissioner shall prescribe the 468
568-duration of such waiver, provided such waiver shall not extend beyond 469
569-the duration of the declared emergency. The commissioner shall 470
570-establish the criteria by which a waiver request shall be made and the 471
571-conditions for which a waiver will be granted or denied. The provisions 472
572-of section 19a-84 shall not apply to a denial of a waiver request under 473
573-this subsection. 474
574-[(h)] (i) Any family child care home may provide child care services 475
575-to homeless children and youths, as defined in 42 USC 11434a, as 476
576-amended from time to time, for a period not to exceed ninety days 477
577-without complying with any provision in regulations adopted pursuant 478
578-to this section relating to immunization and physical examination 479
579-requirements. Any family child care home that provides child care 480
580-services to homeless children and youths at such home under this 481
581-subsection shall maintain a record on file of all homeless children and 482
582-youths who have attended such home for a period of two years after 483
583-such homeless children or youths are no longer receiving child care 484
584-services at such home. 485
585-[(i)] (j) Any family child care home may provide child care services to 486
586-a foster child for a period not to exceed forty-five days without 487 Substitute Bill No. 5044
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543+of Pediatrics; 451
544+(7) The Commissioner of Public Health, or the commissioner's 452
545+designee; and 453
546+(8) The Commissioner of Education, or the commissioner's designee. 454
547+(c) The advisory committee shall meet not less than biannually. On or 455
548+before January 1, 2021, and annually thereafter, the committee shall 456
549+report, in accordance with the provisions of section 11-4a of the general 457
550+statutes, on its activities and findings to the joint standing committee of 458
551+the General Assembly having cognizance of matters relating to public 459
552+health. 460
553+Sec. 8. Subsection (f) of section 19a-87b of the 2020 supplement to the 461
554+general statutes is repealed and the following is substituted in lieu 462
555+thereof (Effective from passage): 463
556+(f) The commissioner shall adopt regulations, in accordance with the 464
557+provisions of chapter 54, to assure that family child care homes, as 465
558+defined in section 19a-77, meet the health, educational and social needs 466
559+of children utilizing such homes. Such regulations shall ensure that the 467
560+family child care home is treated as a residence, and not an institutional 468
561+facility. Such regulations shall specify that each child be protected as 469
562+age-appropriate by adequate immunization against diphtheria, 470
563+pertussis, tetanus, poliomyelitis, measles, mumps, rubella, 471
564+[hemophilus] haemophilus influenzae type B and any other vaccine 472
565+required by the schedule of active immunization adopted pursuant to 473
566+section 19a-7f. Such regulations shall provide appropriate exemptions 474
567+for children for whom such immunization is medically contraindicated 475
568+and for children whose parents or guardian objects to such 476
569+immunization on religious grounds and require that any such objection 477
570+be accompanied by a statement from such parents or guardian that such 478
571+immunization would be contrary to the religious beliefs of such child or 479
572+the parents or guardian of such child, which statement shall be 480
573+acknowledged, in accordance with the provisions of sections 1-32, 1-34 481
574+and 1-35, by (1) a judge of a court of record or a family support 482 Raised Bill No. 5044
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593-complying with any provision in regulations adopted pursuant to this 488
594-section relating to immunization and physical examination 489
595-requirements. Any family child care home that provides child care 490
596-services to a foster child at such home under this subsection shall 491
597-maintain a record on file of such foster child for a period of two years 492
598-after such foster child is no longer receiving child care services at such 493
599-home. For purposes of this subsection, "foster child" means a child who 494
600-is in the care and custody of the Commissioner of Children and Families 495
601-and placed in a foster home licensed pursuant to section 17a-114, foster 496
602-home approved by a child-placing agency licensed pursuant to section 497
603-17a-149, facility licensed pursuant to section 17a-145 or with a relative 498
604-or fictive kin caregiver pursuant to section 17a-114. 499
605-Sec. 7. (Effective from passage) On or before October 1, 2020, the 500
606-Commissioner of Public Health shall develop and make available on the 501
607-Internet web site of the Department of Public Health a certificate for use 502
608-by a physician, physician assistant or advanced practice registered 503
609-nurse stating that, in the opinion of such physician, physician assistant 504
610-or advanced practice registered nurse, a vaccination required by the 505
611-general statutes is medically contraindicated for a person because of the 506
612-physical condition of such person. The certificate shall include (1) 507
613-definitions of the terms "contraindication" and "precaution", (2) a list of 508
614-contraindications and precautions recognized by the National Centers 509
615-for Disease Control and Prevention for each of the statutorily required 510
616-vaccinations, from which the physician, physician assistant or advanced 511
617-practice registered nurse may select the relevant contraindication or 512
618-precaution on behalf of such person, (3) a section in which the physician, 513
619-physician assistant or advanced practice registered nurse may record a 514
620-contraindication or precaution that is not recognized by the National 515
621-Centers for Disease Control and Prevention, but in his or her discretion, 516
622-results in the vaccination being medically contraindicated, including, 517
623-but not limited to, any autoimmune disorder or family history of any 518
624-autoimmune disorder, (4) a section in which the physician, physician 519
625-assistant or advanced practice registered nurse may include a written 520
626-explanation for the exemption from any statutorily required 521 Substitute Bill No. 5044
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632-
633-vaccinations, (5) a section requiring the signature of the physician, 522
634-physician assistant or advanced practice registered nurse, (6) a 523
635-requirement that the physician, physician assistant or advanced practice 524
636-registered nurse attach such person's most current immunization 525
637-record, and (7) a synopsis of the grounds for any order of quarantine or 526
638-isolation pursuant to section 19a-131b of the general statutes. 527
639-Sec. 8. (NEW) (Effective from passage) (a) There is established an 528
640-Advisory Committee on Medically Contraindicated Vaccinations within 529
641-the Department of Public Health for the purpose of advising the 530
642-Commissioner of Public Health on issues concerning exemptions from 531
643-state or federal requirements for vaccinations that result from a 532
644-physician, physician assistant or advanced practice registered nurse 533
645-stating that a vaccination is medically contraindicated for a person due 534
646-to the medical condition of such person. For the purpose of performing 535
647-its function, the advisory committee shall (1) have access to the 536
648-childhood immunization registry established by the department 537
649-pursuant to section 19a-7h of the general statutes, (2) evaluate the 538
650-process used by the Department of Public Health in collecting data 539
651-concerning exemptions resulting from a vaccination being medically 540
652-contraindicated and whether the department should have any oversight 541
653-over such exemptions, (3) examine whether enrollment of an 542
654-unvaccinated child into a program operated by a public or nonpublic 543
655-school, institution of higher education, child care center or group child 544
656-care home should be conditioned upon the child meeting certain 545
657-criteria, (4) calculate the ratio of school nurses to students in each public 546
658-and nonpublic school in the state and the funding issues surrounding 547
659-such ratio, (5) assess whether immunizations should be required more 548
660-frequently than prior to enrollment into a program operated by a public 549
661-or nonpublic school and prior to entering seventh grade, and (6) 550
662-determine whether (A) there are any discrepancies in the issuance of 551
663-certificates stating that a vaccine is medically contraindicated, and (B) to 552
664-recommend continuing education of physicians, physician assistants or 553
665-advanced practice registered nurses in vaccine contraindications and 554
666-precautions. All information obtained by the advisory committee from 555 Substitute Bill No. 5044
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672-
673-such registry shall be confidential pursuant to section 19a-25 of the 556
674-general statutes, as amended by this act. 557
675-(b) The advisory committee shall consist of the following members: 558
676-(1) Two appointed by the speaker of the House of Representatives, 559
677-one of whom shall be a physician licensed pursuant to chapter 370 of the 560
678-general statutes who is a pediatrician, and one of whom shall be a 561
679-member of the public; 562
680-(2) Two appointed by the president pro tempore of the Senate, one of 563
681-whom shall be a physician licensed pursuant to chapter 370 of the 564
682-general statutes who has expertise in the efficacy of vaccines, and one of 565
683-whom shall be a member of the public; 566
684-(3) One appointed by the majority leader of the House of 567
685-Representatives, who shall be a school nurse; 568
686-(4) One appointed by the majority leader of the Senate, who shall be 569
687-a physician assistant licensed pursuant to chapter 370 of the general 570
688-statutes who has experience in the administration of vaccines; 571
689-(5) One appointed by the minority leader of the House of 572
690-Representatives, who shall be an advanced practice registered nurse 573
691-licensed pursuant to chapter 378 of the general statutes who has 574
692-experience in the administration of vaccines; 575
693-(6) One appointed by the minority leader of the Senate, who shall be 576
694-a representative of the Connecticut Chapter of the American Academy 577
695-of Pediatrics; 578
696-(7) The Commissioner of Public Health, or the commissioner's 579
697-designee; 580
698-(8) The Commissioner of Education, or the commissioner's designee; 581
699-and 582
700-(9) The Commissioner of Early Childhood, or the commissioner's 583 Substitute Bill No. 5044
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707-designee. 584
708-(c) The advisory committee shall meet not less than biannually. On or 585
709-before January 1, 2021, and annually thereafter, the committee shall 586
710-report, in accordance with the provisions of section 11-4a of the general 587
711-statutes, on its activities and findings to the joint standing committee of 588
712-the General Assembly having cognizance of matters relating to public 589
713-health. 590
714-Sec. 9. (NEW) (Effective from passage) The Department of Public 591
715-Health, in collaboration with the State Department of Education and the 592
716-Office of Early Childhood, shall evaluate all of the data collected by said 593
717-departments concerning exemptions from immunization requirements. 594
718-Not later than January 1, 2021, and annually thereafter, the 595
719-Commissioners of Public Health, Education and Early Childhood shall 596
720-jointly report, in accordance with the provisions of section 11-4a of the 597
721-general statutes, to the joint standing committee of the General 598
722-Assembly having cognizance of matters relating to public health 599
723-regarding the evaluation of such data. 600
580+magistrate, (2) a clerk or deputy clerk of a court having a seal, (3) a town 483
581+clerk, (4) a notary public, (5) a justice of the peace, or (6) an attorney 484
582+admitted to the bar of this state. Such regulations shall also specify 485
583+conditions under which family child care home providers may 486
584+administer tests to monitor glucose levels in a child with diagnosed 487
585+diabetes mellitus, and administer medicinal preparations, including 488
586+controlled drugs specified in the regulations by the commissioner, to a 489
587+child receiving child care services at a family child care home pursuant 490
588+to a written order of a physician licensed to practice medicine in this or 491
589+another state, an advanced practice registered nurse licensed to 492
590+prescribe in accordance with section 20-94a or a physician assistant 493
591+licensed to prescribe in accordance with section 20-12d, and the written 494
592+authorization of a parent or guardian of such child. Such regulations 495
593+shall specify appropriate standards for extended care and intermittent 496
594+short-term overnight care. The commissioner shall inform each licensee, 497
595+by way of a plain language summary provided not later than sixty days 498
596+after the regulation's effective date, of any new or changed regulations 499
597+adopted under this subsection with which a licensee must comply. 500
724598 This act shall take effect as follows and shall amend the following
725599 sections:
726600
727601 Section 1 from passage 10-204a(a) and (b)
728602 Sec. 2 from passage 19a-25
729603 Sec. 3 from passage 10a-155
730604 Sec. 4 from passage 10a-155b(a)
731605 Sec. 5 from passage 19a-79
732-Sec. 6 from passage 19a-87b
606+Sec. 6 from passage New section
733607 Sec. 7 from passage New section
734-Sec. 8 from passage New section
735-Sec. 9 from passage New section
608+Sec. 8 from passage 19a-87b(f)
736609
737-Statement of Legislative Commissioners:
738-In Section 1(a)(2), ", in a form prescribed by the commissioner pursuant
739-to section 7 of this act," was added for consistency.
740-
741-PH Joint Favorable Subst.
610+Statement of Purpose:
611+To protect the public health by ensuring adequate and appropriate
612+immunizations of children.
613+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
614+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
615+underlined.]
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