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69th Legislature 2025 HB 747.1
- 1 - Authorized Print Version – HB 747
1 HOUSE BILL NO. 747
2 INTRODUCED BY M. CAFERRO
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT ALLOWING DAY-CARE CENTERS TO ADOPT A POLICY TO
5 DETERMINE WHETHER TO ACCEPT CHILDREN WITH CERTAIN IMMUNIZATION EXCEPTIONS IN
6 CERTAIN CIRCUMSTANCES; AND AMENDING SECTION 52-2-735, MCA.”
7
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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10Section 1. Section 52-2-735, MCA, is amended to read:
11 "52-2-735. Health protection -- certification required. (1) The department shall adopt rules for the
12 protection of children in day-care centers from the health hazards of inadequate food preparation, poor
13 nutrition, and communicable diseases. Rules adopted by the department must include rules requiring children
14 under 5 years of age to be immunized against Haemophilus influenza type "b" before being admitted for care in
15 the facility unless an exemption has been claimed as provided in 20-5-405.
16 (2) A day-care center that provides care for children who are under 1 year of age or who are
17 considered at risk of becoming severely ill from communicable diseases because of individual health care
18 needs may adopt a policy regarding whether the day-care center accepts exemptions pursuant to 20-5-405(1).
19 The day-care center shall provide notice to parents or guardians of a policy adopted under this subsection (2).
20 (2)(3) Local public health authorities shall arrange to provide training to day-care center providers and
21 employees regarding health hazards. Upon successful completion of the training the local public health
22 authorities shall issue certificates to the providers and employees.
23 (3)(4) In lieu of training, local public health authorities may elect to inspect facilities and issue
24 certificates of approval to child-care center providers.
25 (4)(5) Each applicant for a license to operate a day-care center shall submit to the department a
26 certificate issued pursuant to subsection (2) or (3) or (4) before the department will issue a license.
27 (5)(6) The local public health authority may charge the applicant a reasonable fee, not to exceed $25,
28 for any inspection necessary to issue a certificate of approval, or a fee not to exceed the documented cost for
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69th Legislature 2025 HB 747.1
- 2 - Authorized Print Version – HB 747
1 training it provides under this section."
2 - END -