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.