Title 36, Public Health and Safety

The director shall prescribe reasonable rules and standards regarding the health, safety and well-being of children cared for in any public school child care program. These rules shall be comparable to the rules and standards prescribed pursuant to section 36-883. The director sh…

A. A child care facility that provides child care services utilizing the practice of a documented educational philosophy including least restrictive environment for infants and meets the requirements of this section may use floor bedding in the facility instead of cribs. B. Floor…

This article does not apply to the care given to children by or in: 1. The homes of parents or blood relatives. 2. A religious institution conducting a nursery in conjunction with its religious services or conducting parent-supervised occasional drop-in care. 3. A unit of the pub…

A. The department or designated local health departments or its agents may at any time visit during hours of operation and inspect a child care facility to determine if it complies with this article and rules adopted under this article. B. The department shall visit each child ca…

A. If it appears that any person is maintaining or operating a child care facility without a license, the department shall notify the facility's operator either by mail, by certified mail with return receipt requested or by delivery in person. The person affected by the notice sh…

If the department believes that a child care facility is operating under conditions that present possibilities of serious harm to children, the department shall notify the county attorney or the attorney general who shall immediately seek a restraining order and injunction agains…

A. Records maintained by the department for child care facilities are available to the public for review and copying. B. Personally identifiable information that relates to a child, parent or guardian is confidential. The department shall disclose this information only as follows…

A. The department may deny, suspend or revoke a license for a violation of this article or department rules. At least thirty days before the department denies, revokes or suspends a license it shall mail the applicant or licensee a notice of that person's right to a hearing. The …

A. Each licensee, other than a corporation, a limited liability company, an association or a partnership, shall be a citizen of the United States who is a resident of this state, or a legal resident alien who is a resident of this state. A corporation, association or limited liab…

All decisions rendered by the director, pursuant to the applicable law and regulations, shall be in writing and filed of record in the office of the department. Notice of such decisions shall be given to the affected person or licensee. If no appeal is taken by any such person or…

A. The director may impose a civil penalty on a person who violates this article or rules adopted pursuant to this article in an amount of not more than one hundred dollars for each violation. Each day that a violation occurs constitutes a separate violation. The director may iss…

A. If the director has reasonable cause to believe that a licensee is violating this article or rules adopted pursuant to this article and that the health or safety of the children is endangered, the director may impose, on written notice to the licensee, one or more of the follo…

Any person violating the provisions of the applicable law, or regulations, is guilty of a class 2 misdemeanor unless another classification is specifically prescribed in this article.

A. The department shall not act on an application for licensure of a currently licensed child care facility while any enforcement or court action related to child care facility licensure is pending against that facility's current licensee. B. The director may continue to pursue a…

(Added with a 1998 Prop. 105 clause pursuant to L12, Ch. 159) A person, including a cardholder as defined in section 36-2801, may not lawfully possess or use marijuana in any child care facility in this state.

A school-age child who attends a child care facility in this state may possess and use a topical sunscreen product without a note or prescription from a licensed health care professional.

An out-of-school time program provider that opts to be licensed as a child care facility pursuant to this article is not required to keep a roster of school-age children for each room or activity area within the child care facility if both of the following apply: 1. The program p…

A. The department of health services shall license child care facilities and monitor their operation to ensure that the level of care being provided is adequate. The department of economic security shall not duplicate the monitoring functions of the department of health services …

In this article, unless the context otherwise requires: 1. "Child care group home" means a residential facility in which child care is regularly provided for compensation for periods of less than twenty-four hours per day for not less than five children but no more than ten child…

A. A child care group home shall be certified by the department. An application for a certificate shall be made on a written or electronic form prescribed by the department and shall contain all information required by the department. B. If a child care group home is within one-f…

A. The department by rule shall establish standards of care for child care group homes. These rules shall include minimum programmatic, personnel, supervision of children, training, physical environment and financial stability standards. B. At least two adults shall be present in…

A. Child care personnel, including volunteers, shall submit the form prescribed in subsection B of this section to the employer and shall have valid fingerprint clearance cards issued pursuant to section 41-1758.07 before starting employment or volunteer work. B. Applicants, cert…

A. This article does not apply to the care given to children by or in: 1. The homes of their own parents. 2. A religious institution conducting a nursery in conjunction with its religious services. 3. A unit of the public school system. 4. A regularly organized private school eng…

A. The department or designated local health departments or its agents may at any time visit, during hours of operation, and inspect a child care group home in order to determine whether it is certified and is being conducted in compliance with applicable law, this article and ru…

A. The director may impose a civil penalty on a person who violates this article or rules adopted pursuant to this article in an amount of not more than one hundred dollars for each violation. Each day that a violation occurs constitutes a separate violation. The director may iss…

The director shall establish a training program to provide training for child care group homes and users of child care group home services, technical assistance materials for child care group homes and information to enhance consumer awareness.

A. If the director has reasonable cause to believe that a child care group home is in violation of this article or a rule adopted pursuant to this article and that the health or safety of the children is endangered, on written notice to the child care group home the director may …

A. If the department has reasonable cause to believe that a person is operating a child care group home without a certificate, it shall notify that person to cease operation within ten days of receiving the notice. The department shall give notice either by certified mail or by p…

A. The department shall not act on an application for certification of a currently certified child care group home while any enforcement or court action related to child care group home certification is pending against that group home's current certificate holder. B. The director…

A. If the department believes that a child care group home is operating under conditions that may cause serious harm to children, the department shall notify the attorney general or the county attorney of the county in which the child care group home is located who shall immediat…

A. Records maintained by the department for child care group homes are available to the public for review and copying. B. Personally identifiable information that relates to a child, parent or guardian is confidential. The department shall disclose this information only as follow…

A school-age child who attends a child care group home in this state may possess and use a topical sunscreen product without a note or prescription from a licensed health care professional.

A. The director, in consultation with licensees, personnel of licensees, parents, guardians, administrators, members of the public, a qualifying party and at least one health professional, shall develop and adopt a policy to provide parents, guardians, children and personnel with…

In this chapter, unless the context otherwise requires: 1. "Department" means the department of health services. 2. "Director" means the director of the department of health services. 3. "Hearing evaluation services" means services which include the identification, testing, evalu…

A. A program of hearing evaluation services is established by the department. Such services shall be administered to all children as early as possible, but in no event later than the first year of attendance in any public or private education program, or residential facility for …

A. The department may, in administering the program of hearing evaluation services: 1. Provide consulting services, establish or supplement hearing evaluation services in local health departments, public or private education programs or other community agencies. 2. Provide for th…

The director shall develop rules and regulations governing standards, procedures, techniques and criteria for conducting and administering hearing evaluation services.

No child shall be required to submit to any test required by this chapter if a parent or guardian of the child objects and submits a statement of such objection to the agency administering such hearing evaluation services.

A. Each school shall provide vision screening services to the following: 1. Students upon initial entry to school and for not more than two additional grade levels as prescribed by the department by rule. A school, at the school's discretion, may provide vision screening services…

(Caution: 1998 Prop. 105 applies) In this article, unless the context otherwise requires: 1. "Eligible patient" means a person to whom all of the following apply: (a) The person has a terminal illness as determined by the person's physician and a consulting physician. (b) The per…

(Caution: 1998 Prop. 105 applies) A. A manufacturer of an investigational drug, biological product or device may make available the manufacturer's investigational drug, biological product or device to eligible patients pursuant to this article. This article does not require that …

(Caution: 1998 Prop. 105 applies) A. Notwithstanding any other law, a state regulatory board may not revoke, fail to renew or take any other action against a physician's license issued pursuant to title 32, chapter 13 or 17 based solely on a physician's recommendation to an eligi…

(Caution: 1998 Prop. 105 applies) An official, employee or agent of this state who blocks or attempts to block access of an eligible patient to an investigational drug, biological product or device is guilty of a class 1 misdemeanor.

In this article, unless the context otherwise requires: 1. "Discriminate" means taking or threatening any adverse action, including any of the following: (a) Termination of employment. (b) Transfer from current position. (c) Demotion from current position. (d) Adverse administrat…

A. A person may not discriminate against a health care entity on the basis that the health care entity does not provide, assist in providing or facilitate in providing any health care item or service for the purpose of causing or assisting in causing the death of any individual, …

A. A health care entity may bring a civil action in superior court for a violation of section 36-1322. B. An additional burden or expense on another health care entity arising from the exercise of rights pursuant to section 36-1322 is not a defense in any civil action under this …