H.P. 1650 - L.D. 2281
Resolve, Regarding Legislative Review of Chapter 32: Rules for the Licensing of Children's Day Care Facilities and Chapter 33: Rules for Home Day Care Providers, Major Substantive Rules of the Department of Human Services, Auditing, Contracting and Licensing Service Center
Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II-A, requires legislative authorization before major substantive agency rules may be finally adopted by the agency; and
Whereas, the above named major substantive rule has been submitted to the Legislature for review; and
Whereas, immediate enactment of this resolve is necessary to record the Legislature's position on final adoption of the rule; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it
Sec. 1. Adoption. Resolved: That final adoption of Chapter 32: Rules for the Licensing of Children's Day Care Facilities and Chapter 33: Rules for Home Day Care Providers, a provisionally adopted major substantive rule of the Department of Human Services, Auditing, Contracting and Licensing Service Center, and submitted to the Legislature for review pursuant to the Maine Administrative Procedure Act, is authorized, but only if Chapter 33 is amended as follows: Chapter 33: Rules for Home Day Care Providers must be amended to include a provision that no child may be required to be immunized if the child's parent states in writing that it is contrary to the child's religious teachings and practice or if the child's physician submits documentation that such immunization is medically contraindicated. The rule must also include a provision that in the event of a disease outbreak, a child not vaccinated for religious or medical reasons must be excluded from the home day care until the outbreak no longer exists or until the child receives the necessary immunization.
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective April 3, 1998.
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