Section 5-A152. HEALTH, SAFETY AND WELFARE: REQUIRED HEALTH EXAMINATIONS & IMMUNIZATIONS  


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    152.1 A Licensee shall ensure that each child attending a Facility shall, prior to the child’s first day of services and at least annually thereafter, submit to the Facility and to OSSE upon request, appropriate, complete documentation of a comprehensive physical health examination, which shall include evidence of age-appropriate health examinations or screenings and up-to-date immunizations, and, for each child three (3) years of age or older, evidence of an oral health examination.  Each examination shall have been performed by a licensed health care practitioner within one (1) year prior to the date of submission of the complete documentation.

     

    152.2 A Licensee shall provide a sixty (60) day grace period from the first day of service to submit documentation required in Subsection 152.1 for a child experiencing homelessness or a child who is a ward of the District in foster care.

     

    152.3 Pursuant to D.C. Official Code §§ 38-501 et seq. and 22-B DCMR §§ 130.1 et seq., each child shall be immunized according to the requirements set forth in 22-B DCMR §§ 131-137 before entering the Facility, unless the child is part of a group exempted from this requirement in Subsection 152.10.

     

    152.4 In addition to the information otherwise required under this section, each parent or guardian of a child under six (6) years of age attending a Facility shall submit, and the Licensee shall maintain and provide to OSSE upon request, documentation with respect to blood tests for lead poisoning as follows: 

     

    (a) Documentation, preferably in the form of a Certificate of Testing for Lead Poisoning, that the child was tested between the ages of six (6) months and fourteen (14) months, and again between the ages of twenty-two (22) months and twenty-six (26) months; or

     

    (b) If the child was not tested before the age of twenty-six months (26), the child was or will be screened two (2) times before the age of six (6) years. Lead test results will be valid for two (2) months from date of testing and the results will not exclude a child from schoolrelated programs or activities.

     

    152.5 Blood tests for lead poisoning shall be conducted, and results shall be disseminated and maintained, in accordance with the Childhood Lead Poisoning Screening and Reporting Act of 2002, effective October 1, 2002 (D.C. Law 14-190; D.C. Official Code §§ 7-871.01 et seq.).

     

    152.6 Licensee shall maintain documentation at the Facility at all times evidencing that enrolled children have received all required immunizations, health and oral examinations, or evidence that a child is exempted from a requirement, pursuant to Subsection 152.10.

     

    152.7 An enrolled child’s compliance with requirement to have annual health and oral examinations shall include a thirty (30) day grace period from the child’s birthday or date of required annual examination for parents to meet all required health and oral examinations. 

     

    152.8 An enrolled child’s’ compliance with the requirement to be immunized, shall include a ten (10) day grace period from the child’s birthday or date of required annual immunization for all required immunizations.

     

    152.9 An enrolled child’s compliance with the requirement to be immunized and have health and oral examinations shall include a sixty (60) day grace period from the first day of service for a child experiencing homelessness or a ward of the District in foster care. 

     

    152.10 The following groups are exempted from receiving the immunizations required in Subsection 152.3:

     

    (a) Children whose parents object on religious grounds; and

     

    (b) Children whose medical condition requires that immunizations not be given or for whom immunization is determined to be not medically advisable.

     

    152.11 If immunizations have not been administered because of a medical condition, the child’s parent(s) or guardian(s) shall provide documentation from the child’s licensed health care provider stating that because of a medical condition the child should not receive a particular immunization

     

    152.12 If immunizations have not been administered because of the child’s parent(s) or guardian(s)’ religious beliefs, the parent(s) or guardian(s) shall provide documentation stating that they have a good faith religious objection to immunizing their child to the Licensee. 

     

    152.13 If unimmunized children are exposed to a vaccine-preventable disease at the Facility, the Licensee shall contact the Department of Health to determine the action they should take (if any) related to the unimmunized children.

     

     

authority

Sections 3(b)(6A), 3(b)(9), 3(b)(9A), 3(b)(11) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code §§ 38-2602(b)(6A), (b)(9), (b)(9A), and (b)(11)) (2012 Repl. & 2016 Supp.)); the Day Care Policy Act of 1979, effective September 19, 1979 (D.C. Law 3-16; D.C. Official Code §§ 4-401 et seq. (2012 Repl. & 2016 Supp.)) (“Day Care Act”); Mayor’s Order 2009-3, dated January 15, 2009; the Child Development Facilities Regulation Act of 1998, effective April 13, 1999 (D.C. Law 12-215; D.C. Official Code §§ 7-2031 et seq. (2012 Repl.)) (“Facilities Act”); Mayor’s Order 2009-130, dated July 16, 2009; Sections 503 and 504 of the Early Intervention Program Establishment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 7-863.03 and 7-863.04 (2012 Repl.)); Mayor’s Order 2009-167, dated September 28, 2009; Titles I and II of the Child and Youth, Safety and Health Omnibus Amendment Act of 2004 (“CYSHA”), effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 1-620.31 et seq. and §§ 4-1501.01 et seq. (2012 Repl. & 2016 Supp.)); and the Healthy Tots Act of 2014, effective February 26, 2015 (D.C. Law 20-155; D.C. Official Code §§ 38-281 et seq. (2016 Supp.)); and pursuant to the Social Security Act, approved February 22, 2012 (Pub.L. 112-96; 42 U.S.C. § 618(c)); the Child Care and Development Block Grant Act of 2014 (“CCDBG Act”), approved November 19, 2014 (Pub.L. 113-186; 42 U.S.C. §§ 9858 et seq.), and regulations promulgated thereunder at 45 C.F.R. Parts 98 and 99.

source

Final Rulemaking at 63 DCR 14640 (December 2, 2016).