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
(A)What are the
requirements offor
an employee in a licensed child care center?
Each employee is to:
(1)An employee shall haveHave
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)The completed medical statement shall be
on file on or before the employee's first day of employment.
(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?
A child care staff member shall meet one
of the following:
Each child care staff member is to:
(1)Meet one of the following:
(1)(a) Be at least eighteen years of age and have
completed a high school education.
(a)(i) High school education is defined in appendix
B to this rule.
(b)(ii) Verification shall be on file on or before
the child care staff member's first day of employment.
(2)(b) Be enrolled in 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)(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.
(b)(ii) Enrollment in a college credit program shall
be verified by written documentiondocumentation from the college credit program.
(c)(iii) Verification shall be on file on or before the
child care staff member's first day of employment.
(2)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)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)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 documentation requirements
for employees in a child care center?
(1)The center shall maintain documentation
for each current employee on file at the center.
(2)Employment records shall be made
available upon request by the Ohio department of job and family services
(ODJFS) for at least three years after each employee's departure.
(3)Employment records shall include days
and hours worked, duties and group assignments, if applicable.
(4)Employee records shall be confidential,
except that they shall be available to the ODJFS for the purpose of
administering Chapter 5104. of the Revised Code and Chapter 5101:2-12 of the
Administrative Code.
(D)(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)The online training may be used for up
to six hours of professional development pursuant to rule 5101:2-12-10 of the
Administrative Code.
(3)(2) Completion of the training shall be documented
with verification from the Ohio professional registryOPR.
(4)(3) The child care staff member may be used in
ratio, but may not have sole care ofis 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?
NoYes, an
employer shall 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: 10/29/2021
Five Year Review (FYR) Dates: 7/28/2021 and 10/29/2026
Certification: CERTIFIED ELECTRONICALLY
Date: 10/13/2021
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