Sec. 19a-79. (Formerly Sec. 19-43d). Regulations. Exemptions. Variance.
               	 		
      Sec. 19a-79. (Formerly Sec. 19-43d). Regulations. Exemptions. Variance. (a) 
The Commissioner of Public Health shall adopt regulations, in accordance with the 
provisions of chapter 54, to carry out 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 child day care 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 shall 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 child 
day care 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, 
(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, (5) 
establish appropriate child day care center staffing requirements for employees certified 
in cardiopulmonary resuscitation by the American Red Cross, the American Heart Association, the National Safety Council, American Safety and Health Institute or Medic 
First Aid International, Inc., (6) specify that on and after January 1, 2003, a child day 
care center or group day care home (A) shall not deny services to a child on the basis 
of a child's known or suspected allergy or because a child has a prescription for an 
automatic prefilled cartridge injector or similar automatic injectable equipment used to 
treat an allergic reaction, or for injectable equipment used to administer glucagon, (B) 
shall, not later than three weeks after such child's enrollment in such a center or home, 
have staff trained in the use of such equipment on-site during all hours when such a 
child is on-site, (C) shall require such child's parent or guardian to provide the injector 
or injectable equipment and a copy of the prescription for such medication and injector 
or injectable equipment upon enrollment of such child, and (D) shall require a parent 
or guardian enrolling such a child to replace such medication and equipment prior to 
its expiration date, and (7) specify that on and after January 1, 2005, a child day care 
center or group day care home (A) shall not deny services to a child on the basis of a 
child's diagnosis of asthma or because a child has a prescription for an inhalant medication to treat asthma, and (B) shall, not later than three weeks after such child's enrollment 
in such a center or home, have staff trained in the administration of such medication 
on-site during all hours when such a child is on-site.
      (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.
      (d) Any child day care center or group day care home that operates in a public school 
building and serves exclusively school-age children may apply for a variance to the 
physical plant requirements adopted as regulations pursuant to subsection (a) of this 
section on a form and in the manner prescribed by the Commissioner of Public Health. 
The commissioner may not grant a variance under this subsection unless (1) the operator 
of a child day care center or group day care home provides documentation to the commissioner that the intent of the specific requirement or requirements affected by the variance 
will be satisfactorily achieved in a manner other than that prescribed by the regulations, 
and (2) the child day care center or group day care home and the Department of Public 
Health enter into a written agreement specifying the physical plant requirement or requirements affected by the variance, the duration of the variance and the terms under 
which the variance is granted. If a child day care center or group day care home fails 
to comply with the terms of such written agreement, the agreement and the variance 
shall be subject to immediate cancellation. Any operator of a child day care center or 
group day care home who is granted a variance under this section shall post such variance 
in close proximity to the operator's license and, at the time of enrollment of any child 
in the child day care center or group day care home, and annually thereafter, notify the 
child's parents or guardians of such variance. Such notification shall include the specific 
physical plant requirement or requirements for which the variance has been granted and 
an explanation of how the child day care center or group day care home will achieve 
the intent of the specific requirement or requirements affected by the variance in a 
manner that protects the health and safety of the children enrolled in the child day care 
center or group day care home.
      (1967, P.A. 696, S. 5; P.A. 75-527, S. 4, 5; P.A. 76-38, S. 2, 3; P.A. 77-157, S. 3, 11; P.A. 78-303, S. 60, 136; P.A. 85-59, S. 1, 2; 85-495, S. 2, 7; 85-613, S. 41, 154; P.A. 88-182, S. 2, 3; P.A. 90-97; P.A. 91-327, S. 4, 8; P.A. 93-381, S. 9, 
39; P.A. 94-38; 94-213, S. 2; May 25 Sp. Sess. P.A. 94-1, S. 129, 130; P.A. 95-257, S. 12, 21, 58; 95-360, S. 16, 22, 32; 
P.A. 97-14, S. 1; June Sp. Sess. P.A. 01-4, S. 48, 58; P.A. 02-84, S. 1; P.A. 04-221, S. 24, 32; P.A. 07-252, S. 83.)
      History: P.A. 75-527 required consultation with office of child day care; P.A. 76-38 changed placement of phrase re 
consultation with office of child day care; P.A. 77-157 included regulations re group day care homes; P.A. 78-303 replaced 
public health council with commissioner of health services; Sec. 19-43d transferred to Sec. 19a-79 in 1983; P.A. 85-59 
made the existing section Subsec. (a) and added Subsec. (b) re exemptions for certain Montessori schools; P.A. 85-495 
removed a reference to the office of child day care as consulting authority re regulatory power; P.A. 85-613 made technical 
changes; P.A. 88-182 amended Subsec. (a) to delete provisions requiring consultation with the child day care council; P.A. 
90-97 added language in Subsec. (a) on the administration of medication; P.A. 91-327 directed the department to establish 
regulations to require immunization according to the schedule established by the department before attending a child day 
care center or group day care home; P.A. 93-381 replaced commissioner of health services with commissioner of public 
health and addiction services, effective July 1, 1993; P.A. 94-38 added Subsec. (a) (3) and (4) re minimum square footage 
requirements; P.A. 94-213 amended Subsec. (a) to add reference to prescriptions by advanced practice registered nurses 
and physicians assistants; May 25 Sp. Sess. 94-1 amended Subsec. (a) to add the word "total" before indoor usable space; 
P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and 
Department of Public Health, effective July 1, 1995; P.A. 95-360 substituted Sec. 19a-82 for Sec. 19a-81 in Subsec. (a) 
and inserted new Subsec. (b) re adoption of regulations on civil penalties and disciplinary remedies, relettering the former 
Subsec., effective July 13, 1995; P.A. 97-14 added provision re diabetes monitoring in Subsec. (a)(2); June Sp. Sess. P.A. 
01-4 amended Subsec. (a) by making technical changes and adding Subdiv. (5) re staffing requirements for employees 
certified in cardiopulmonary resuscitation; P.A. 02-84 added Subsec. (a)(6) providing for regulations prohibiting a child 
day care center or group day care home from denying services to a child based on the child's known or suspected allergy 
or because the child has a prescription for certain automatic injectable medication equipment, requiring the training of 
staff in the use of such equipment, and requiring the child's parent or guardian to provide the equipment and a copy of the 
prescription and to replace the medication or equipment prior to its expiration date; P.A. 04-221 amended Subsec. (a)(5) 
by allowing certification by the National Safety Council, American Safety and Health Institute and Medic First Aid International, Inc., effective June 8, 2004, and amended Subsec. (a)(6) by adding provision re use of injectable equipment to 
administer glucagon in Subpara. (A) and making technical changes in Subpara. (B), and added Subsec. (a)(7) re services 
for children with asthma; P.A. 07-252 added Subsec. (d) establishing process for certain child day care centers and group 
day care homes to obtain a variance to physical plant requirements adopted as regulations pursuant to Subsec. (a), effective 
July 12, 2007.
      See chapter 54 re uniform administrative procedure.