Appendix
A - Medical Statement Requirements
for Administrator, Employees, and Child Care Staff Members in a Licensed Child
Care Center
Appendix
B - Verification of High School
Education
Appendix
C - Center Requirements for
Positive Tuberculosis (TB) Test Results
Appendix
D - High School Students and
Graduates Working as Child Care Staff Members (CCSM)
(A)What are the
requirements for an employee in a licensed child care center?
Each employee is to:
(1)Have on file,
on or before the employee's first day of employment, a completed medical
statement that meets the requirements detailed in appendix A to this rule.
(2)Have written
documentation on file of current immunization against tetanus, diphtheria and
pertussis (Tdap) from a licensed physician, as defined in Chapter 4731. of the
Revised Code, physician's assistant, advanced practice registered nurse,
certified nurse midwife, certified nurse practitioner or licensed pharmacist.
The employee may be exempt from the immunization requirement for religious
reasons with written documentation signed by the individual and for medical
reasons with written documentation signed by a licensed physician.
(3)For the purpose
of tuberculosis (TB) screening, notify the child care center if the person has
both resided in a country identified by the world health organization (WHO) as
having a high burden of TB and arrived in the United States within the five
years immediately preceding the date of application for employment. A current
list of identified high burden countries (HBC) for TB can be found in the most
recent report on the WHO website at
https://www.who.int/teams/global-tuberculosis-programme/tb-reports.
(a)Notification is
to be made on a completed medical statement that meets the requirements
detailed in appendix A to this rule.
(b)If the person
meets the criteria described above, the child care center is to comply with the
testing requirements of section 5104.037 of the Revised Code before employment.
The TB test is either a two-step mantoux tuberculin skin test or a blood assay
for m. tuberculosis.
(i)If the result
of the TB test is negative, the child care center may employ the person.
(ii)If the result
of any TB test performed is positive, the child care center is to follow the
requirements outlined in appendix C to this rule.
(B)What are the
requirements for a child care staff member in a licensed child care center?
Each child care staff member is to:
(1)Meet one of the following:
(a)(1) Be at least eighteen sixteen years of age and have
completed a high school education.
(i)High school education is defined in
appendix B to this rule.
(ii)Verification shall be on file on or
before the child care staff member's first day of employment.
(b)(2) Be Have completed a high school education or be at least a high
school junior (on or after the start of high school junior year) and enrolled
in or completed one of the following: the second year of or have completed a two year
career-technical program in child development or early childhood education or
be a high school senior and also enrolled in a college credit program in child
development or early childhood education.
(a)An early childhood education or child
development career technical program.
(b)A child development associate (CDA)
training program or achieved a CDA credential for the age group in which the
high school student is working.
(c)A college credit program with early
childhood education or child development focus.
(i)Enrollment or completion of a two year
career-technical program shall be verified by a signed statement from student's
teacher/coordinator of the training program verifying that the student is
enrolled in the program and receiving supervision by the training program.
(ii)Enrollment in a college credit program
shall be verified by written documentation from the college credit program.
(3)Follow the limitations on child
supervision and safety outlined in appendix D to this rule when the child care
staff member is a high school student and high school graduate under the age of
eighteen.
(iii)(4) Verification Provide verification of education shall be on file on or before the child care staff
member's first day of employment.
(a)Verification is to be kept on file at
the center or in the Ohio professional registry (OPR).
(b)High school education is defined in
appendix B to this rule.
(c)For high school students, documentation
of high school grade level and enrollment in or completion of a technical,
training or college credit program as described in paragraph (B)(2) of this
rule is to be verified.
(2)(5) Have on file, on or before the child care
staff member's first day of employment, a completed medical statement that
meets the requirements detailed in appendix A to this rule.
(3)(6) Have written documentation on file of current
immunization against tetanus, diphtheria and pertussis (Tdap) from a licensed
physician, as defined in Chapter 4731. of the Revised Code, physician's
assistant, advanced practice registered nurse, certified nurse midwife,
certified nurse practitioner or licensed pharmacist. The child care staff
member may be exempt from the immunization requirement for religious reasons
with written documentation signed by the individual and for medical reasons
with written documentation signed by a licensed physician.
(4)(7) For the purpose of TB screening, notify the
child care center if the person has both resided in a country identified by the
WHO as having a high burden of TB and arrived in the United States within the
five years immediately preceding the date of application for employment.
(a)Notification is
to be made on a completed medical statement that meets the requirements
detailed in appendix A to this rule.
(b)If the person
meets the criteria described above, the child care center is to comply with the
testing requirements of section 5104.037 of the Revised Code before employment.
The TB test is either a two-step mantoux tuberculin skin test or a blood assay
for m. tuberculosis.
(i)If the result
of the TB test is negative, the child care center may employ the person.
(ii)If the result
of any TB test performed is positive, the child care center is to follow the
requirements outlined in appendix C to this rule.
(C)What are the
orientation requirements for child care staff members?
(1)Child care
staff members, including substitute child care staff members, shall complete
the child care center staff orientation training as prescribed by the ODJFS
within thirty days of starting employment at the center as a child care staff
member unless the child care staff member has documentation of completion of
the training after December 31, 2016.
(2)Completion of
the training shall be documented with verification from the OPR.
(3)The child care
staff member may be used in ratio, but is not to be left alone with children
until the orientation is completed.
(D)What are the
Ohio professional registry (OPR) requirements for employees and child care
staff members in a child care center?
All employees and child care staff members, including substitute
child care staff members, are to:
(1)Create or
update their individual profile in the OPR.
(2)Create an
employment record for the child care center on or before the first day of
employment, including date of hire.
(3)Update their
individual profiles or employment records in the OPR within five calendar days
of a change, including:
(a)Contact
information.
(b)Positions or
roles, and related dates.
(E)Do employees
and child care staff members have whistle blower protection?
Yes, an employer is not to discharge, demote, suspend or
threaten to discharge, demote, suspend or in any manner discriminate against
any employee or child care staff member based solely on the employee taking any
of the following actions:
(1)Making any good
faith oral or written complaint to the ODJFS or other agency responsible for
enforcing Chapter 5104. of the Revised Code regarding a violation of this
chapter or the rules adopted pursuant to Chapter 5104. of the Revised Code;
(2)Instituting or
causing to be instituted any proceeding against the employer under section
5104.04 of the Revised Code;
(3)Acting as a
witness in any proceeding under section 5104.04 of the Revised Code;
(4)Refusing to
perform work that constitutes a violation of Chapter 5104. or the rules adopted
pursuant to Chapter 5104. of the Revised Code.
Effective: 1/27/2024
Five Year Review (FYR) Dates: 10/29/2026
Certification: CERTIFIED ELECTRONICALLY
Date: 01/17/2024
Promulgated Under: 119.03
Statutory Authority: 5104.016
Rule Amplifies: 5104.0110
Prior Effective Dates: 03/01/1981, 02/08/1982, 09/01/1986,
01/02/1992 (Emer.), 04/01/1992, 04/01/2003, 01/01/2007, 09/01/2007, 09/29/2011,
12/31/2016, 10/29/2017, 10/29/2021