TITLE 39

HEALTH AND SAFETY

CHAPTER 11

BASIC DAY CARE LICENSE

39-1118.  Immunization. 

(1)(a)  Within fourteen (14) days of a child’s initial attendance at any licensed daycare facility, the parent or guardian shall provide an immunization record to the operator of the daycare facility regarding the child’s immunity to certain childhood diseases. This record, signed by a physician or his representative or another licensed health care professional, shall verify that the child has received or is in the process of receiving immunizations as specified by this section; or can effectively demonstrate, through verification in a form approved by the department, immunity gained through prior contraction of the disease. Documentation shall be retained by the licensed daycare facility for each child as long as the child attends the daycare facility, plus one (1) year after last attendance.

(b)  The age appropriate immunizations required pursuant to this paragraph shall conform to recognized standard medical practices in the state:

(i)   Diphtheria, Tetanus and A-Cellular Pertussis (DTaP) vaccine;

(ii)  Polio vaccine;

(iii) Measles, Mumps, and Rubella (MMR) vaccine;

(iv)  Haemophilus Influenza Type B (HIB) vaccine;

(v)   Hepatitis B vaccine;

(vi)  Varicella vaccine;

(vii) Pneumococcal vaccine;

(viii) Rotavirus vaccine; and

(ix)  Hepatitis A vaccine.

(2)  Any minor child whose parent or guardian has submitted to officials of a licensed daycare facility a certificate signed by a physician licensed by the state board of medicine stating that the physical condition of the child is such that all or any of the immunizations would endanger the life or health of the child shall be exempt from the provisions of this section. Any minor child whose parent or guardian has submitted a signed statement to officials of the daycare facility stating their objections on religious or other grounds shall be exempt from the provisions of this section.

(3)  Licensed daycare facilities shall describe the exemptions provided in subsection (2) of this section and shall provide a citation to this code section in any communication to parents or guardians regarding immunization.

(4)  A child not meeting the conditions of this section shall be excluded by the licensed daycare facility operator until the child is in compliance. A child exempt from the provisions of this section pursuant to subsection (2) of this section may be excluded by the department in the event of a disease outbreak.

(5)(a)  The department may randomly select and visit licensed daycare facilities to evaluate compliance with this section. The department shall inform licensed daycare facilities at least thirty (30) days in advance of such visits.

(b)  The department shall record violations in writing and provide a copy to the licensed daycare operator. Licensed daycare operators shall have thirty (30) days following an inspection to state that the specified violations have been corrected. Failure to respond shall result in notification to the licensed daycare operator’s licensing authority.

History:

[39-1118, added 1990, ch. 150, sec. 1, p. 334; am. 2009, ch. 295, sec. 18, p. 882; am. 2011, ch. 103, sec. 1, p. 266; am. 2023, ch. 72, sec. 1, p. 240; am. 2025, ch. 174, sec. 1, p. 819.]