BILL NUMBER: SB 792 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 17, 2015
AMENDED IN ASSEMBLY JULY 2, 2015
AMENDED IN ASSEMBLY JUNE 22, 2015
AMENDED IN SENATE APRIL 30, 2015
AMENDED IN SENATE APRIL 7, 2015
INTRODUCED BY Senator Mendoza
FEBRUARY 27, 2015
An act to amend Sections 1597.055 and 1597.54 of, and to add
Sections 1596.7995 and 1597.622 to, the Health and Safety Code,
relating to day care facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 792, as amended, Mendoza. Day care facilities: immunizations:
exemptions.
Existing law, the California Child Day Care Facilities Act,
provides for the licensure and regulation of day care centers, as
defined, and family day care homes, as defined, by the State
Department of Social Services. A violation of the act is a crime.
Existing law requires a child to be immunized prior to admission to a
day care center or family day care home. Existing law authorizes an
exemption from those provisions for medical reasons or because of
personal beliefs, if specified forms are submitted to the day care
center or family day care home.
This bill, commencing September 1, 2016, would prohibit a day care
center or a family day care home from employing any person who has
not been immunized against influenza, pertussis, and measles. The
bill would specify circumstances under which a person would be exempt
from the immunization requirement, based on medical safety, current
immunity, declining the influenza vaccination, or the date upon which
he or she was hired, as specified. The bill would make conforming
changes to provisions that set forth qualifications for day care
center teachers and applicants for licensure as a family day care
home. Because the bill would extend the application of a
crime under the act, the bill would impose a state-mandated local
program. The bill would provide that a violation of
these provisions would not be subject to a crime.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1596.7995 is added to the Health and Safety
Code, to read:
1596.7995. (a) Commencing September 1, 2016, a person shall not
be employed at a day care center if he or she has not been immunized
against influenza, pertussis, and measles. An employee shall receive
an influenza vaccination between August 1 and December 1 of each
year.
(b) A person is exempt from the requirements of this section only
under any of the following circumstances:
(1) The person submits a written statement from a licensed
physician declaring that because of the person's physical condition
or medical circumstances, immunization is not safe.
(2) The person submits a written statement from a licensed
physician providing that the person has evidence of current immunity
to the diseases described in subdivision (a).
(3) The person submits a written declaration that he or she has
declined the influenza vaccination. This exemption applies only to
the influenza vaccine.
(4) The person was hired after December 1 of the previous year and
before August 1 of the current year. This exemption applies only to
the influenza vaccine.
(c) Section 1596.890 does not apply to a violation of this
section.
SEC. 2. Section 1597.055 of the Health and Safety Code is amended
to read:
1597.055. (a) Notwithstanding any other educational
requirements, a person may be hired as a teacher in a day care center
if he or she satisfies all of the following conditions:
(1) Is 18 years of age or older.
(2) Possesses a regional occupation program certificate of
training in child care occupations issued by a regional occupational
program which is accredited by the Western Association of Schools and
Colleges.
(3) Has completed at least 95 hours of classroom instruction in
child care and development and child care occupations and at least
150 hours in supervised field experience in a licensed day care
center or comparable group child care program.
(4) Commencing September 1, 2016, has provided evidence of current
immunity, as described in Section 1596.7995.
(b) Subsequent to being hired pursuant to subdivision (a), a
teacher shall make satisfactory progress towards meeting the
educational requirement for a fully qualified teacher, as specified
in departmental regulations. For purposes of this section,
"satisfactory progress" shall mean completion, with passing grades,
of a minimum of two units each semester or the equivalent number of
units each quarter until the educational requirement is satisfied.
Six of the required semester or equivalent number of quarter units of
early childhood education from an accredited university or college
shall be completed during the next two consecutive regular semesters
or equivalent quarters.
(c) A teacher hired pursuant to this section shall not be exempt
from satisfying any other noneducation requirements imposed by law on
teachers in day care centers and shall have onsite supervision by a
fully qualified teacher until six of the units specified in
subdivision (b) are completed.
SEC. 3. Section 1597.54 of the Health and Safety Code is amended
to read:
1597.54. All family day care homes for children, shall apply for
a license under this chapter, except that any home which on June 28,
1981, had a valid and unexpired license to operate as a family day
care home for children under other provisions of law shall be deemed
to have a license under this chapter for the unexpired term of the
license at which time a new license may be issued upon fulfilling the
requirements of this chapter.
An applicant for licensure as a family day care home for children
shall file with the department, pursuant to its regulations, an
application on forms furnished by the department, which shall
include, but not be limited to, all of the following:
(a) A brief statement confirming that the applicant is financially
secure to operate a family day care home for children. The
department shall not require any other specific or detailed financial
disclosure.
(b) (1) Evidence that the small family day care home contains a
fire extinguisher or smoke detector device, or both, which meets
standards established by the State Fire Marshal under subdivision (d)
of Section 1597.45, or evidence that the large family day care home
meets the standards established by the State Fire Marshal under
subdivision (d) of Section 1597.46.
(2) Evidence satisfactory to the department that there is a fire
escape and disaster plan for the facility and that fire drills and
disaster drills will be conducted at least once every six months. The
documentation of these drills shall be maintained at the facility on
a form prepared by the department and shall include the date and
time of the drills.
(c) The fingerprints of any applicant of a family day care home
license, and any other adult, as required under subdivision (b) of
Section 1596.871.
(d) Evidence of a current tuberculosis clearance, as defined in
regulations that the department shall adopt, for any adult in the
home during the time that children are under care.
(e) Commencing September 1, 2016, evidence of current immunity, as
described in Section 1597.622, for the applicant and any other
person who provides care and supervision to the children.
(f) Evidence satisfactory to the department of the ability of the
applicant to comply with this chapter and Chapter 3.4 (commencing
with Section 1596.70) and the regulations adopted pursuant to those
chapters.
(g) Evidence satisfactory to the department that the applicant and
all other persons residing in the home are of reputable and
responsible character. The evidence shall include, but not be limited
to, a criminal record clearance pursuant to Section 1596.871,
employment history, and character references.
(h) Failure of the applicant to cooperate with the licensing
agency in the completion of the application shall result in the
denial of the application. Failure to cooperate means that the
information described in this section and in regulations of the
department has not been provided, or not provided in the form
requested by the licensing agency, or both.
(i) Other information as may be required by the department for the
proper administration and enforcement of the act.
SEC. 4. Section 1597.622 is added to the Health and Safety Code,
to read:
1597.622. (a) Commencing September 1, 2016, a person shall not be
employed at a family day care home if he or she has not been
immunized against influenza, pertussis, and measles. An employee
shall receive an influenza vaccination between August 1 and December
1 of each year.
(b) A person is exempt from the requirements of this section only
under any of the following circumstances:
(1) The person submits a written statement from a licensed
physician declaring that because of the person's physical condition
or medical circumstances, immunization is not safe.
(2) The person submits a written statement by a licensed physician
providing that the person has evidence of current immunity to
one or more of the diseases described in
subdivision (a).
(3) The person submits a written declaration that he or she has
declined the influenza vaccination. This exemption applies only to
the influenza vaccine.
(4) The person was hired after December 1 of the previous year and
before August 1 of the current year. This exemption applies only to
the influenza vaccine.
SEC. 5. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.