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 |
---|
| 40 | + | LCO No. 698 2 of 16 |
---|
| 41 | + | |
---|
| 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 |
---|
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 |
---|
| 80 | + | LCO No. 698 3 of 16 |
---|
| 81 | + | |
---|
| 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 |
---|
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 |
---|
| 118 | + | LCO No. 698 4 of 16 |
---|
| 119 | + | |
---|
| 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 |
---|
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 |
---|
| 157 | + | LCO No. 698 5 of 16 |
---|
| 158 | + | |
---|
| 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 |
---|
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 |
---|
| 195 | + | LCO No. 698 6 of 16 |
---|
| 196 | + | |
---|
| 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 |
---|
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 |
---|
| 233 | + | LCO No. 698 7 of 16 |
---|
| 234 | + | |
---|
| 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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
| 391 | + | LCO No. 698 11 of 16 |
---|
| 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 |
---|
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 |
---|
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 |
---|
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 |
---|
| 506 | + | LCO No. 698 14 of 16 |
---|
| 507 | + | |
---|
| 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 |
---|
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 |
---|
| 541 | + | LCO No. 698 15 of 16 |
---|
| 542 | + | |
---|
| 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 |
---|
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 |
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606 | | - | Commissioner of Public Health shall develop and make available on the 501 |
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607 | | - | Internet web site of the Department of Public Health a certificate for use 502 |
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608 | | - | by a physician, physician assistant or advanced practice registered 503 |
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609 | | - | nurse stating that, in the opinion of such physician, physician assistant 504 |
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610 | | - | or advanced practice registered nurse, a vaccination required by the 505 |
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611 | | - | general statutes is medically contraindicated for a person because of the 506 |
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612 | | - | physical condition of such person. The certificate shall include (1) 507 |
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613 | | - | definitions of the terms "contraindication" and "precaution", (2) a list of 508 |
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614 | | - | contraindications and precautions recognized by the National Centers 509 |
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615 | | - | for Disease Control and Prevention for each of the statutorily required 510 |
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616 | | - | vaccinations, from which the physician, physician assistant or advanced 511 |
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617 | | - | practice registered nurse may select the relevant contraindication or 512 |
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618 | | - | precaution on behalf of such person, (3) a section in which the physician, 513 |
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619 | | - | physician assistant or advanced practice registered nurse may record a 514 |
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620 | | - | contraindication or precaution that is not recognized by the National 515 |
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621 | | - | Centers for Disease Control and Prevention, but in his or her discretion, 516 |
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622 | | - | results in the vaccination being medically contraindicated, including, 517 |
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623 | | - | but not limited to, any autoimmune disorder or family history of any 518 |
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624 | | - | autoimmune disorder, (4) a section in which the physician, physician 519 |
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625 | | - | assistant or advanced practice registered nurse may include a written 520 |
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626 | | - | explanation for the exemption from any statutorily required 521 Substitute Bill No. 5044 |
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631 | | - | 17 of 19 |
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632 | | - | |
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633 | | - | vaccinations, (5) a section requiring the signature of the physician, 522 |
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634 | | - | physician assistant or advanced practice registered nurse, (6) a 523 |
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635 | | - | requirement that the physician, physician assistant or advanced practice 524 |
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636 | | - | registered nurse attach such person's most current immunization 525 |
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637 | | - | record, and (7) a synopsis of the grounds for any order of quarantine or 526 |
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638 | | - | isolation pursuant to section 19a-131b of the general statutes. 527 |
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639 | | - | Sec. 8. (NEW) (Effective from passage) (a) There is established an 528 |
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640 | | - | Advisory Committee on Medically Contraindicated Vaccinations within 529 |
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641 | | - | the Department of Public Health for the purpose of advising the 530 |
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642 | | - | Commissioner of Public Health on issues concerning exemptions from 531 |
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643 | | - | state or federal requirements for vaccinations that result from a 532 |
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644 | | - | physician, physician assistant or advanced practice registered nurse 533 |
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645 | | - | stating that a vaccination is medically contraindicated for a person due 534 |
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646 | | - | to the medical condition of such person. For the purpose of performing 535 |
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647 | | - | its function, the advisory committee shall (1) have access to the 536 |
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648 | | - | childhood immunization registry established by the department 537 |
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649 | | - | pursuant to section 19a-7h of the general statutes, (2) evaluate the 538 |
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650 | | - | process used by the Department of Public Health in collecting data 539 |
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651 | | - | concerning exemptions resulting from a vaccination being medically 540 |
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652 | | - | contraindicated and whether the department should have any oversight 541 |
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653 | | - | over such exemptions, (3) examine whether enrollment of an 542 |
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654 | | - | unvaccinated child into a program operated by a public or nonpublic 543 |
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655 | | - | school, institution of higher education, child care center or group child 544 |
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656 | | - | care home should be conditioned upon the child meeting certain 545 |
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657 | | - | criteria, (4) calculate the ratio of school nurses to students in each public 546 |
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658 | | - | and nonpublic school in the state and the funding issues surrounding 547 |
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659 | | - | such ratio, (5) assess whether immunizations should be required more 548 |
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660 | | - | frequently than prior to enrollment into a program operated by a public 549 |
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661 | | - | or nonpublic school and prior to entering seventh grade, and (6) 550 |
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662 | | - | determine whether (A) there are any discrepancies in the issuance of 551 |
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663 | | - | certificates stating that a vaccine is medically contraindicated, and (B) to 552 |
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664 | | - | recommend continuing education of physicians, physician assistants or 553 |
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665 | | - | advanced practice registered nurses in vaccine contraindications and 554 |
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666 | | - | precautions. All information obtained by the advisory committee from 555 Substitute Bill No. 5044 |
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667 | | - | |
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668 | | - | |
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671 | | - | 18 of 19 |
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672 | | - | |
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673 | | - | such registry shall be confidential pursuant to section 19a-25 of the 556 |
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674 | | - | general statutes, as amended by this act. 557 |
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675 | | - | (b) The advisory committee shall consist of the following members: 558 |
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676 | | - | (1) Two appointed by the speaker of the House of Representatives, 559 |
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677 | | - | one of whom shall be a physician licensed pursuant to chapter 370 of the 560 |
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678 | | - | general statutes who is a pediatrician, and one of whom shall be a 561 |
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679 | | - | member of the public; 562 |
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680 | | - | (2) Two appointed by the president pro tempore of the Senate, one of 563 |
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681 | | - | whom shall be a physician licensed pursuant to chapter 370 of the 564 |
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682 | | - | general statutes who has expertise in the efficacy of vaccines, and one of 565 |
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683 | | - | whom shall be a member of the public; 566 |
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684 | | - | (3) One appointed by the majority leader of the House of 567 |
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685 | | - | Representatives, who shall be a school nurse; 568 |
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686 | | - | (4) One appointed by the majority leader of the Senate, who shall be 569 |
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687 | | - | a physician assistant licensed pursuant to chapter 370 of the general 570 |
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688 | | - | statutes who has experience in the administration of vaccines; 571 |
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689 | | - | (5) One appointed by the minority leader of the House of 572 |
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690 | | - | Representatives, who shall be an advanced practice registered nurse 573 |
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691 | | - | licensed pursuant to chapter 378 of the general statutes who has 574 |
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692 | | - | experience in the administration of vaccines; 575 |
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693 | | - | (6) One appointed by the minority leader of the Senate, who shall be 576 |
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694 | | - | a representative of the Connecticut Chapter of the American Academy 577 |
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695 | | - | of Pediatrics; 578 |
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696 | | - | (7) The Commissioner of Public Health, or the commissioner's 579 |
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697 | | - | designee; 580 |
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698 | | - | (8) The Commissioner of Education, or the commissioner's designee; 581 |
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699 | | - | and 582 |
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700 | | - | (9) The Commissioner of Early Childhood, or the commissioner's 583 Substitute Bill No. 5044 |
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701 | | - | |
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702 | | - | |
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705 | | - | 19 of 19 |
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706 | | - | |
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707 | | - | designee. 584 |
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708 | | - | (c) The advisory committee shall meet not less than biannually. On or 585 |
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709 | | - | before January 1, 2021, and annually thereafter, the committee shall 586 |
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710 | | - | report, in accordance with the provisions of section 11-4a of the general 587 |
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711 | | - | statutes, on its activities and findings to the joint standing committee of 588 |
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712 | | - | the General Assembly having cognizance of matters relating to public 589 |
---|
713 | | - | health. 590 |
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714 | | - | Sec. 9. (NEW) (Effective from passage) The Department of Public 591 |
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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 |
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719 | | - | Commissioners of Public Health, Education and Early Childhood shall 596 |
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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 |
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722 | | - | Assembly having cognizance of matters relating to public health 599 |
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723 | | - | regarding the evaluation of such data. 600 |
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| 580 | + | magistrate, (2) a clerk or deputy clerk of a court having a seal, (3) a town 483 |
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| 581 | + | clerk, (4) a notary public, (5) a justice of the peace, or (6) an attorney 484 |
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| 582 | + | admitted to the bar of this state. Such regulations shall also specify 485 |
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| 583 | + | conditions under which family child care home providers may 486 |
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| 584 | + | administer tests to monitor glucose levels in a child with diagnosed 487 |
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| 585 | + | diabetes mellitus, and administer medicinal preparations, including 488 |
---|
| 586 | + | controlled drugs specified in the regulations by the commissioner, to a 489 |
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| 587 | + | child receiving child care services at a family child care home pursuant 490 |
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| 588 | + | to a written order of a physician licensed to practice medicine in this or 491 |
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| 589 | + | another state, an advanced practice registered nurse licensed to 492 |
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| 590 | + | prescribe in accordance with section 20-94a or a physician assistant 493 |
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| 591 | + | licensed to prescribe in accordance with section 20-12d, and the written 494 |
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| 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 |
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| 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 |
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