10-411.

§10-411.


    A.  No person, firm, corporation, partnership or other legal
entity operating a day care center or day care home in this state
shall cause or permit a minor child two (2) months of age or older to
be admitted to such facility unless and until the parent, guardian,
or other related person of such child presents certification from a
licensed physician or authorized representative of any state or local
department of public health that such child has received or will
receive immunization at the medically appropriate time against
diphtheria, pertussis, tetanus, haemophilus influenzae type B (HIB),
measles (rubeola), rubella, hepatitis A, varicella, and
poliomyelitis; or presents such certification that the child is
likely to be immune as a result of the disease.  Provided, however,
that in the event the parent, guardian, or other person presenting a
child for admission to a day care center or day care home certifies
in writing that a family emergency exists, the requirement imposed by
this section may be waived for a period not to exceed thirty (30)
days.  Such certification shall be made prior to the provision of
care.  No such waiver shall be knowingly permitted more than once for
any child.
    B.  The State Board of Health, by rule, may alter the list of
immunizations required under this section after notice and hearing.
Any change in the list of immunizations required shall be submitted
to the next regular session of the Legislature and such change shall
remain in force and effect unless and until a concurrent resolution
of disapproval is passed.  Hearings shall be conducted by the State
Board of Health, or such officer, agents or employees as the State
Board of Health may designate for that purpose.  The State Board of
Health shall give appropriate notice of the proposed change in the
list of immunizations required and of the time and place for hearing.
The change shall become effective on a date fixed by the State Board
of Health.  Any change in the list of immunizations required may be
amended or repealed in the same manner as provided for its adoption.
Proceedings pursuant to this subsection shall be governed by the
Administrative Procedures Act.