Connecticut 2022 Regular Session

Connecticut Senate Bill SB00122 Compare Versions

Version 1 (Old)

Version 2 (New)

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	3	+	LCO No. 948 1 of 6
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7		-	General Assembly ~~Substitute~~ Bill No. 122
	5	+	General Assembly Raised Bill No. 122
8	6		February Session, 2022
	7	+	LCO No. 948
	8	+
	9	+
	10	+	Referred to Committee on COMMITTEE ON CHILDREN
	11	+
	12	+
	13	+	Introduced by:
	14	+	(KID)
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13		-
14		-	AN ACT CONCERNING RECORD -KEEPING AND PARENTAL
15		-	NOTIFICATION OF CERTAIN INCIDENTS INVOLVING CHILDREN BY
16		-	CHILD CARE CENTERS AND GROUP CHILD CARE HOMES.
	19	+	AN ACT REQUIRING PARENTAL NOTIFICATION BY CHILD CARE
	20	+	FACILITIES OF CERTAIN INCIDENTS INVOLVING CHILDREN.
17	21		Be it enacted by the Senate and House of Representatives in General
18	22		Assembly convened:
19	23
20	24		Section 1. Subsection (a) of section 19a-79 of the 2022 supplement to 1
21	25		the general statutes is repealed and the following is substituted in lieu 2
22	26		thereof (Effective July 1, 2022): 3
23	27		(a) The Commissioner of Early Childhood shall adopt regulations, in 4
24	28		accordance with the provisions of chapter 54, to carry out the purposes 5
25	29		of sections 19a-77 to 19a-80, inclusive, and 19a-82 to 19a-87, inclusive, 6
26	30		and to assure that child care centers and group child care homes meet 7
27	31		the health, educational and social needs of children utilizing such child 8
28	32		care centers and group child care homes. Such regulations shall (1) 9
29	33		specify that before being permitted to attend any child care center or 10
30	34		group child care home, each child shall be protected as age-appropriate 11
31	35		by adequate immunization against diphtheria, pertussis, tetanus, 12
32	36		poliomyelitis, measles, mumps, rubella, haemophilus influenzae type B 13
33	37		and any other vaccine required by the schedule of active immunization 14
34		-	adopted pursuant to section 19a-7f, (2) specify conditions under which 15
35		-	child care center directors and teachers and group child care home 16
36		-	providers may administer tests to monitor glucose levels in a child with 17 Substitute Bill No. 122
	38	+	adopted pursuant to section 19a-7f, (2) specify conditions under which 15 Raised Bill No. 122
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	42	+	LCO No. 948 2 of 6
	43	+
	44	+	child care center directors and teachers and group child care home 16
	45	+	providers may administer tests to monitor glucose levels in a child with 17
43	46		diagnosed diabetes mellitus, and administer medicinal preparations, 18
44	47		including controlled drugs specified in the regulations by the 19
45	48		commissioner, to a child receiving child care services at such child care 20
46	49		center or group child care home pursuant to the written order of a 21
47	50		physician licensed to practice medicine or a dentist licensed to practice 22
48	51		dental medicine in this or another state, or an advanced practice 23
49	52		registered nurse licensed to prescribe in accordance with section 20-94a, 24
50	53		or a physician assistant licensed to prescribe in accordance with section 25
51	54		20-12d, and the written authorization of a parent or guardian of such 26
52	55		child, (3) specify that an operator of a child care center or group child 27
53	56		care home, licensed before January 1, 1986, or an operator who receives 28
54	57		a license after January 1, 1986, for a facility licensed prior to January 1, 29
55	58		1986, shall provide a minimum of thirty square feet per child of total 30
56	59		indoor usable space, free of furniture except that needed for the 31
57	60		children's purposes, exclusive of toilet rooms, bathrooms, coatrooms, 32
58	61		kitchens, halls, isolation room or other rooms used for purposes other 33
59	62		than the activities of the children, (4) specify that a child care center or 34
60	63		group child care home licensed after January 1, 1986, shall provide 35
61	64		thirty-five square feet per child of total indoor usable space, (5) establish 36
62	65		appropriate child care center staffing requirements for employees 37
63	66		certified in cardiopulmonary resuscitation by the American Red Cross, 38
64	67		the American Heart Association, the National Safety Council, American 39
65	68		Safety and Health Institute, Medic First Aid International, Inc. or an 40
66	69		organization using guidelines for cardiopulmonary resuscitation and 41
67	70		emergency cardiovascular care published by the American Heart 42
68	71		Association and International Liaison Committee on Resuscitation, (6) 43
69	72		specify that a child care center or group child care home (A) shall not 44
70	73		deny services to a child on the basis of a child's known or suspected 45
71	74		allergy or because a child has a prescription for an automatic prefilled 46
72	75		cartridge injector or similar automatic injectable equipment used to treat 47
73	76		an allergic reaction, or for injectable equipment used to administer 48
74	77		glucagon, (B) shall, not later than three weeks after such child's 49
75		-	enrollment in such a center or home, have staff trained in the use of such 50
76		-	equipment on-site during all hours when such a child is on-site, (C) shall 51
77		-	require such child's parent or guardian to provide the injector or 52 Substitute Bill No. 122
	78	+	enrollment in such a center or home, have staff trained in the use of such 50 Raised Bill No. 122
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	82	+	LCO No. 948 3 of 6
	83	+
	84	+	equipment on-site during all hours when such a child is on-site, (C) shall 51
	85	+	require such child's parent or guardian to provide the injector or 52
84	86		injectable equipment and a copy of the prescription for such medication 53
85	87		and injector or injectable equipment upon enrollment of such child, and 54
86	88		(D) shall require a parent or guardian enrolling such a child to replace 55
87	89		such medication and equipment prior to its expiration date, (7) specify 56
88	90		that a child care center or group child care home (A) shall not deny 57
89	91		services to a child on the basis of a child's diagnosis of asthma or because 58
90	92		a child has a prescription for an inhalant medication to treat asthma, and 59
91	93		(B) shall, not later than three weeks after such child's enrollment in such 60
92	94		a center or home, have staff trained in the administration of such 61
93	95		medication on-site during all hours when such a child is on-site, [and] 62
94	96		(8) establish physical plant requirements for licensed child care centers 63
95	97		and licensed group child care homes that exclusively serve school-age 64
96	98		children, (9) specify that a child care center or group child care home 65
97	99		shall immediately notify the parent or guardian of a child enrolled in 66
98		-	such center or home if such child becomes ill or is injured while in the 67
99		-	care of such center or home, (10) specify that a child care center or group 68
100		-	child care home shall create a written record of any illness or injury 69
101		-	described in subdivision (9) of this subsection, which shall, (A) include, 70
102		-	but not be limited to, (i) a description of such illness or injury, (ii) the 71
103		-	date, time of occurrence and location of such illness or injury, (iii) any 72
104		-	responsive action taken by an employee of such center or home, and (iv) 73
105		-	whether such child was transported to a hospital emergency room, 74
106		-	doctor's office or other medical facility as a result of such illness or 75
107		-	injury, (B) be provided to the parent or guardian of such child not later 76
108		-	than the next business day, and (C) be maintained by such center or 77
109		-	home for a period of not less than two years and be made immediately 78
110		-	available upon the request of the Office of Early Childhood, and (11) 79
111		-	specify that a child care center or group child care home shall maintain 80
112		-	any video recordings created at such center or home for a period of not 81
113		-	less than thirty days and make such recordings immediately available 82
114		-	upon the request of the Office of Early Childhood. When establishing 83
115		-	such requirements, the Office of Early Childhood shall give 84
116		-	consideration to child care centers and group child care homes that are 85
117		-	located in private or public school buildings. With respect to [this] 86
118		-	subdivision [only] (8) of this subsection, the commissioner shall 87 Substitute Bill No. 122
	100	+	such center or home if such child is transported to a hospital emergency 67
	101	+	room, doctor's office or other medical facility while in the care of such 68
	102	+	center or home, and (10) specify that a child care center or group child 69
	103	+	care home shall, not later than one hour after any incident occurring on 70
	104	+	the premises of such center or home, or off-premises during an event 71
	105	+	sponsored or supervised by such center or home, that results in the 72
	106	+	injury or illness of a child enrolled at such center or home, create a 73
	107	+	written record of such incident, which shall (A) include, but not be 74
	108	+	limited to, a description of such incident and injury or illness, the date, 75
	109	+	time and location of such incident, any action taken by an employee of 76
	110	+	the center or home in response to such incident, and whether such child 77
	111	+	was transported to a hospital emergency room, doctor's office or other 78
	112	+	medical facility as a result of such incident, (B) be provided to the parent 79
	113	+	or guardian of the child who was injured or became ill not later than the 80
	114	+	next business day, and (C) be maintained by such center or home for a 81
	115	+	period of not less than two years and be made immediately available 82
	116	+	upon request of the Office of Early Childhood. When establishing such 83
	117	+	requirements, the Office of Early Childhood shall give consideration to 84
	118	+	child care centers and group child care homes that are located in private 85 Raised Bill No. 122
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125		-	implement policies and procedures necessary to implement the physical 88
126		-	plant requirements established pursuant to this subdivision while in the 89
127		-	process of adopting such policies and procedures in regulation form. 90
128		-	Until replaced by policies and procedures implemented pursuant to this 91
129		-	subdivision, any physical plant requirement specified in the office's 92
130		-	regulations that is generally applicable to child care centers and group 93
131		-	child care homes shall continue to be applicable to such centers and 94
132		-	homes that exclusively serve school-age children. The commissioner 95
133		-	shall post notice of the intent to adopt regulations pursuant to this 96
134		-	subdivision on the eRegulations System not later than twenty days after 97
135		-	the date of implementation of such policies and procedures. Policies and 98
	122	+	LCO No. 948 4 of 6
	123	+
	124	+	or public school buildings. With respect to this subdivision only, the 86
	125	+	commissioner shall implement policies and procedures necessary to 87
	126	+	implement the physical plant requirements established pursuant to this 88
	127	+	subdivision while in the process of adopting such policies and 89
	128	+	procedures in regulation form. Until replaced by policies and 90
	129	+	procedures implemented pursuant to this subdivision, any physical 91
	130	+	plant requirement specified in the office's regulations that is generally 92
	131	+	applicable to child care centers and group child care homes shall 93
	132	+	continue to be applicable to such centers and homes that exclusively 94
	133	+	serve school-age children. The commissioner shall post notice of the 95
	134	+	intent to adopt regulations pursuant to this subdivision on the 96
	135	+	eRegulations System not later than twenty days after the date of 97
	136	+	implementation of such policies and procedures. Policies and 98
136	137		procedures implemented pursuant to this subdivision shall be valid 99
137	138		until the time final regulations are adopted. 100
	139	+	Sec. 2. Subsection (f) of section 19a-87b of the 2022 supplement to the 101
	140	+	general statutes is repealed and the following is substituted in lieu 102
	141	+	thereof (Effective July 1, 2022): 103
	142	+	(f) The commissioner shall adopt regulations, in accordance with the 104
	143	+	provisions of chapter 54, to ensure that family child care homes, as 105
	144	+	described in section 19a-77, meet the health, educational and social 106
	145	+	needs of children utilizing such homes. Such regulations shall (1) ensure 107
	146	+	that the family child care home is treated as a residence, and not an 108
	147	+	institutional facility, [. Such regulations shall] (2) specify that each child 109
	148	+	be protected as age-appropriate by adequate immunization against 110
	149	+	diphtheria, pertussis, tetanus, poliomyelitis, measles, mumps, rubella, 111
	150	+	haemophilus influenzae type B and any other vaccine required by the 112
	151	+	schedule of active immunization adopted pursuant to section 19a-7f, [. 113
	152	+	Such regulations shall also] (3) specify conditions under which family 114
	153	+	child care home providers may administer tests to monitor glucose 115
	154	+	levels in a child with diagnosed diabetes mellitus, and administer 116
	155	+	medicinal preparations, including controlled drugs specified in the 117
	156	+	regulations by the commissioner, to a child receiving child care services 118
	157	+	at a family child care home pursuant to a written order of a physician 119 Raised Bill No. 122
	158	+
	159	+
	160	+
	161	+	LCO No. 948 5 of 6
	162	+
	163	+	licensed to practice medicine in this or another state, an advanced 120
	164	+	practice registered nurse licensed to prescribe in accordance with 121
	165	+	section 20-94a or a physician assistant licensed to prescribe in 122
	166	+	accordance with section 20-12d, and the written authorization of a 123
	167	+	parent or guardian of such child, [. Such regulations shall] (4) specify 124
	168	+	appropriate standards for extended care and intermittent short-term 125
	169	+	overnight care, (5) specify that a family child care home shall 126
	170	+	immediately notify the parent or guardian of a child enrolled in such 127
	171	+	home if such child is transported to a hospital emergency room, doctor's 128
	172	+	office or other medical facility while in the care of such home, and (6) 129
	173	+	specify that a family child care home shall, not later than one hour after 130
	174	+	any incident occurring on the premises of such home, or off-premises 131
	175	+	during an event sponsored or supervised by such home, that results in 132
	176	+	the injury or illness of a child enrolled at such home, create a written 133
	177	+	record of such incident, which shall (A) include, but not be limited to, a 134
	178	+	description of such incident and injury or illness, the date, time and 135
	179	+	location of such incident, any action taken by an employee of the home 136
	180	+	in response to such incident, and whether such child was transported to 137
	181	+	a hospital emergency room, doctor's office or other medical facility as a 138
	182	+	result of such incident, (B) be provided to the parent or guardian of the 139
	183	+	child who was injured or became ill not later than the next business day, 140
	184	+	and (C) be maintained by such home for a period of not less than two 141
	185	+	years and be made immediately available upon request of the Office of 142
	186	+	Early Childhood. The commissioner shall inform each licensee, by way 143
	187	+	of a plain language summary provided not later than sixty days after 144
	188	+	the regulation's effective date, of any new or changed regulations 145
	189	+	adopted under this subsection with which a licensee must comply. 146
138	190		This act shall take effect as follows and shall amend the following
139	191		sections:
140	192
141	193		Section 1 July 1, 2022 19a-79(a)
	194	+	Sec. 2 July 1, 2022 19a-87b(f)
	195	+	Raised Bill No. 122
142	196
143		-	KID Joint Favorable Subst.
	197	+
	198	+
	199	+	LCO No. 948 6 of 6
	200	+
	201	+	Statement of Purpose:
	202	+	To require the Commissioner of Early Childhood to adopt regulations
	203	+	to require child care centers, group child care homes and family child
	204	+	care homes to (1) immediately notify a parent or guardian upon the
	205	+	transport of a child to a hospital emergency room, doctor's office or
	206	+	other medical facility, (2) create and maintain records concerning
	207	+	incidents resulting in injury or illness to children enrolled in such
	208	+	centers or homes, and (3) provide copies of such records to such
	209	+	children's parents or guardians and the Office of Early Childhood.
	210	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	211	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	212	+	underlined.]
144	213