SB 1114 — schools; immunization; religious exemption.

SB1114 - 541R - IS-Education-Proposed Ver    Fifty-fourth  Legislature                                                REFERENCEEducation TITLE:First Regular Session                                                   S.B.

schools;  PROPOSED SENATE AMENDMENTS TO S.B.

immunization;1114 (Reference to printed bill)   Page 1, line 11, after "personal" insert "or religious" Line 13, after the period insert "The signed statement submitted pursuant to this paragraph may be either a form provided by the department of health services or a document provided and signed by the parent or guardian." Line 14, strike "a religious exemption" insert "these exemptions" After line 30, insert:

religious"Sec. 2.  Section exemption.36-883, Arizona Revised Statutes, is amended to read:

 START_STATUTE36-883.  Standards       State of Arizonacare; Senate Fifty-fourth Legislature First Regular Session       SB 1114   Introduced by Senator Boyer:

Representativerules; Barto     AN ACT   amending section 15‑873, Arizona Revised Statutes;

relatingclassifications A.  The director of the department of health services shall prescribe reasonable rules regarding the health, safety and well‑being of the children to immunizationbe exemptions.cared for in a child care facility.  These rules shall include standards for the following:

 1.  Adequate  physical (TEXTfacilities OFfor BILLthe BEGINScare ONof NEXTchildren, PAGE)such  as Bebuilding itconstruction, enactedfire protection, sanitation, sleeping facilities, isolation facilities, toilet facilities, heating, ventilation, indoor and outdoor activity areas and, if provided by the Legislaturefacility, oftransportation thesafely Stateto ofand Arizona:from the premises.

Section 1.  Section2.  Adequate 15-873,staffing Arizonaper Revisednumber Statutes,and isage amendedgroups of children by persons who are qualified by education or experience to read:meet their respective responsibilities in the care of children.

START_STATUTE15-873.  Exemptions;3.  Activities, toys and equipment to enhance the development of each child.

nonattendance4.  Nutritious duringand outbreakwell‑balanced A.  Documentaryfood. proof is not required for a pupil to be admitted to school if one of the following occurs:

1.  The5.  Encouragement parent or guardian of theparental pupilparticipation. submits a signed statement to the school administrator stating that the parent or guardian has received information about immunizations provided by the department of health services and understands the risks and benefits of immunizations and the potential risks of nonimmunization and that due to personal beliefs, the parent or guardian does not consent to the immunization of the pupil.  a pupil at any level or grade through twelfth grade is eligible for a religious exemption pursuant to this paragraph.

2.  The6.  Exclusion schoolof administratorany receivesperson writtenfrom certification that is signed by the parentfacility orwhose guardianpresence and by a physician or a registered nurse practitioner, that states that one or more of the required immunizations may be detrimental to the pupil'swelfare health and that indicates the specific nature and probable duration of thechildren. medical condition or circumstance that precludes immunization.

B.  AnB.  The exemptiondepartment shall adopt rules pursuant to subsectiontitle A,41, paragraphchapter of6 thisand section is36‑115. only valid during the duration of the circumstance or condition that precludes immunization.

C.  PupilsC.  Any whorule lackthat documentaryrelates proofto ofeducational activities, physical examination, medical treatment or immunization shall notinclude attendappropriate schoolexemptions duringfor outbreakchildren periodswhose ofparents communicableobject immunization‑preventableon diseasesthe asground determinedthat byit conflicts with the departmenttenets and practices of healtha servicesrecognized church or localreligious healthdenomination department.  Theof departmentwhich ofthe healthparent servicesor child is an adherent or localmember healthdue departmentto shallpersonal transmitor noticereligious ofbeliefs.  A rule adopted pursuant to this determinationsubsection may not require a parent to sign a form provided by the schooldepartment administratorand whoshall allow a parent to sign a document provided by the parent.  A child at any level of child care is responsibleeligible for the exclusionexemptions prescribed by this subsection.  D.  The department of health services shall conduct a comprehensive review of its rules at least once every two years.  Before conducting this review, the pupils.department shall consult with agencies and organizations that are knowledgeable about the provision of child care facilities to children, including:

END_STATUTE1.  The department of economic security.

2.  The department of education.

3.  The office of the state fire marshal.

4.  The league of Arizona cities and towns.

5.  Citizen groups.

6.  Licensed child care facility representatives.

7.  The department of child safety.

E.  The department shall designate appropriate classifications and establish corresponding standards pertaining to the type of care offered.  These classifications shall include:

1.  Facilities offering infant care.

2.  Facilities offering specific educational programs.

3.  Facilities offering evening and nighttime care.

F.  Rules for the operation of child care facilities shall be stated in a way that clearly states the purpose of each rule." END_STATUTE Amend title to conform     PAUL BOYER   1114BOYER.docx 02/07/2019 09:54 AM C:

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