65-508. Equipment, supplies, accommodations; immunizations.

65-508

Chapter 65.--PUBLIC HEALTH
Article 5.--MATERNITY CENTERS AND CHILD CARE FACILITIES

      65-508.   Equipment, supplies, accommodations; immunizations.(a) Any maternity center orchild care facility subject to theprovisions of this act shall: (1) Be properly heated, plumbed, lighted andventilated; (2) have plumbing,water and sewerage systems which conform to all applicable state and locallaws; and (3) be operated with strictregard to the health, comfort, safety and social welfare of theresidents.

      (b)   Every maternity center orchild care facilityshall furnish or cause to be furnished for the use of each resident andemployee individual towel, wash cloth, comb and individual drinking cupor sanitary bubbling fountain, and toothbrushes for all other thaninfants, and shall keep or require such articles to be kept at all timesin a clean and sanitary condition. Every maternitycenter or child care facility shall comply with all applicable fire codes andrules andregulations of the state fire marshal.

      (c)   The secretary of health and environment with the cooperation of thesecretary of social and rehabilitation services shall developand adopt rules and regulations for the operation and maintenance of maternitycenters and child care facilities. The rules andregulations for operating andmaintainingmaternity centers and childcare facilities shall be designed topromote the health, safety and welfare of the residents who are to be servedin such facilities by ensuring safe and adequate physicalsurroundings,healthful food, supervision and care of the residents by capable, qualifiedpersons of sufficient number, an adequate program of activities and servicesand such appropriate parental participation as may be feasible under thecircumstances.Boarding schools are excluded from requirements regarding the number ofqualified persons who must supervise and provide care to residents.

      (d)   Each child cared for in a child care facility, includingchildren of thepersonmaintaining the facility, shall berequired to have current such immunizations as the secretary of health andenvironment considers necessary. The person maintaining achild care facilityshall maintain a record of each child's immunizations and shallprovide to thesecretary of health and environment such information relating thereto, inaccordance with rules and regulations of the secretary, butthe person maintaining a child care facility shall nothave such person's licenserevoked solely for the failure to have or to maintain the immunization recordsrequired by this subsection.

      (e)   The immunization requirement of subsection (d)shall not apply ifone of the following is obtained:

      (1)   Certification from a licensed physician stating that the physicalcondition of the child is such that immunization would endanger the child'slife or health; or

      (2)   a written statement signed by a parent or guardian that the parent orguardian is an adherent of a religious denomination whose teachings are opposedto immunizations.

      History:   L. 1919, ch. 210, § 8; R.S. 1923, 65-508; L. 1951, ch. 358,§ 4;L. 1974, ch. 352, § 90; L. 1978, ch. 236, § 7;L. 1992, ch. 55, § 2;L. 1994, ch. 279, § 11;L. 1995, ch. 183, § 9;L. 1998, ch. 166, § 2; July 1.