Substitute House Bill No. 6544
          Substitute House Bill No. 6544

               PUBLIC ACT NO. 97-14


AN ACT CONCERNING  DAY CARE MONITORING OF JUVENILE
DIABETES.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section  1.  Section  19a-79  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) The Commissioner  of  Public  Health shall
adopt   regulations,  IN   ACCORDANCE   WITH   THE
PROVISIONS OF CHAPTER  54, to further the purposes
of  sections  19a-77  to  19a-80,  inclusive,  and
19a-82 to 19a-87,  inclusive,  and  to assure that
child day care  centers  and  group day care homes
shall  meet the  health,  educational  and  social
needs of children utilizing such centers and group
day care homes. Such regulations shall (1) specify
that before being  permitted  to  attend any child
day care center or group day care home, each child
must be protected  as  age-appropriate by adequate
immunization   against   diphtheria,    pertussis,
tetanus, poliomyelitis, measles,  mumps,  rubella,
hemophilus influenzae type B and any other vaccine
required by the  schedule  of  active immunization
adopted  pursuant  to   section  19a-7f  including
appropriate exemptions for  children for whom such
immunization is medically  contraindicated and for
children whose parents object to such immunization
on religious grounds, (2) specify conditions under
which child day care center directors and teachers
and group day  care  home providers may ADMINISTER
TESTS TO MONITOR  GLUCOSE  LEVELS  IN A CHILD WITH
DIAGNOSED   DIABETES  MELLITUS,   AND   administer
medicinal preparations, including controlled drugs
specified in the  regulations by the commissioner,
to a child  receiving  child  day care services at
such center or group day care home pursuant to the
written order of  a physician licensed to practice
medicine or a  dentist licensed to practice dental
medicine in this  or another state, or an advanced
practice registered nurse licensed to prescribe in
accordance with section  20-94a,  or  a  physician
assistant licensed to prescribe in accordance with
section 20-12d, and the written authorization of a
parent or guardian of such child, (3) specify that
an operator of  a  child  day care center or group
day care home, licensed before January 1, 1986, or
an operator who  receives  a license after January
1, 1986, for  a facility licensed prior to January
1, 1986, shall  provide a minimum of thirty square
feet per child  of total indoor usable space, free
of furniture except that needed for the children's
purposes, exclusive of  toilet  rooms,  bathrooms,
coatrooms,  kitchens,  halls,  isolation  room  or
other  rooms used  for  purposes  other  than  the
activities of the children, and (4) specify that a
child day care  center  or  group  day  care  home
licensed  after January  1,  1986,  shall  provide
thirty-five square feet  per child of total indoor
usable space.
    (b)  The Commissioner  of  Public  Health  may
adopt  regulations, pursuant  to  chapter  54,  to
establish civil penalties  of  not  more  than one
hundred dollars per  day for each day of violation
and  other  disciplinary   remedies  that  may  be
imposed, following a  contested-case hearing, upon
the  holder of  a  license  issued  under  section
19a-80 to operate a child day care center or group
day care home  or  upon  the  holder  of a license
issued under section  19a-87b  to operate a family
day care home.
    (c) The Commissioner  of  Public  Health shall
exempt  Montessori  schools   accredited   by  the
American  Montessori Society  or  the  Association
Montessori Internationale from  any  provision  in
regulations adopted pursuant  to subsection (a) of
this section which sets requirements on group size
or child to staff ratios or the provision of cots.
    Sec.  2.  Section   19a-87b   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) No person,  group of persons, association,
organization, corporation, institution  or agency,
public or private,  shall  maintain  a  family day
care home, as defined in section 19a-77, without a
license  issued  by  the  Commissioner  of  Public
Health. Licensure forms shall be obtained from the
Department  of  Public  Health.  Applications  for
licensure shall be  made  to  the  Commissioner of
Public Health on  forms provided by the department
and  shall contain  the  information  required  by
regulations  adopted  under   this   section.  The
licensure and application  forms  shall  contain a
notice  that false  statements  made  therein  are
punishable in accordance  with  section  53a-157b.
Applicants shall state,  in writing, that they are
in compliance with  the regulations adopted by the
Commissioner   of  Public   Health   pursuant   to
subsection (b) of  this  section.  Before a family
day care home  license  is granted, the department
shall  make an  inquiry  and  investigation  which
shall  include  a  visit  and  inspection  of  the
premises for which  the  license is requested. Any
inspection  conducted  by   the  department  shall
include an inspection  for evident sources of lead
poisoning.  The department  shall  provide  for  a
chemical analysis of any paint chips found on such
premises. The commissioner  shall  not  require an
annual  inspection  for   homes   seeking  license
renewal or for  licensed  homes  except  that  the
commissioner shall make unannounced visits, during
customary business hours, to at least thirty-three
and one-third per  cent of the licensed family day
care homes each  year.  A licensed family day care
home shall not be subject to any conditions on the
operation of such  home  by local officials, other
than those imposed  by  the department pursuant to
this subsection, if  the  home  complies  with all
local codes and  ordinances  applicable  to single
and multifamily dwellings.
    (b) The Commissioner  of  Public  Health shall
adopt   regulations,  in   accordance   with   the
provisions of chapter  54,  to  assure that family
day care homes,  as  defined  in  section  19a-77,
shall  meet the  health,  educational  and  social
needs  of  children  utilizing  such  homes.  Such
regulations shall ensure  that the family day care
home  is  treated  as  a  residence,  and  not  an
institutional  facility.  Such  regulations  shall
specify   that  each   child   be   protected   as
age-appropriate by adequate  immunization  against
diphtheria,  pertussis,  tetanus,   poliomyelitis,
measles,  mumps,  rubella,  hemophilus  influenzae
type B and  any  other  vaccine  required  by  the
schedule of active  immunization  adopted pursuant
to section 19a-7f.  Such regulations shall provide
appropriate exemptions for  children for whom such
immunization is medically  contraindicated and for
children whose parents object to such immunization
on religious grounds.  Such regulations shall also
specify conditions under  which  family  day  care
home providers may  ADMINISTER  TESTS  TO  MONITOR
GLUCOSE LEVELS IN  A CHILD WITH DIAGNOSED DIABETES
MELLITUS, AND administer  medicinal  preparations,
including  controlled  drugs   specified   in  the
regulations  by  the   commissioner,  to  a  child
receiving day care  services  at a family day care
home pursuant to  a  written  order of a physician
licensed to practice  medicine  in this or another
state,  an  advanced   practice  registered  nurse
licensed to prescribe  in  accordance with section
20-94a  or  a   physician  assistant  licensed  to
prescribe in accordance  with  section 20-12d, and
the written authorization  of a parent or guardian
of  such child.  Such  regulations  shall  specify
appropriate  standards  for   extended   care  and
intermittent short-term overnight care.
    (c) Applications for  initial  licensure under
this section shall  be accompanied by a fee of ten
dollars and such  licenses  shall  be issued for a
term  of one  year,  except  that,  on  and  after
December  31, 1995,  such  applications  shall  be
accompanied by a  fee  of  twenty dollars and such
licenses shall be  issued for a term of two years.
Applications for renewal of licenses granted under
this section shall  be accompanied by a fee of ten
dollars and such  licenses  shall be renewed for a
term  of  one  year,  except  that,  for  licenses
expiring  on  and   after   December   31,   1995,
applications for renewal shall be accompanied by a
fee of twenty  dollars  and such licenses shall be
renewed for a  term  of two years. No such license
shall be renewed  unless  the  licensee  certifies
that the children  enrolled in the family day care
home have received age-appropriate immunization in
accordance with regulations  adopted  pursuant  to
subsection (b) of this section.

Approved May 6, 1997