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                                                       PRINTER'S NO. 398

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 385 Session of 1999


        INTRODUCED BY MUNDY, SOLOBAY, MANDERINO, BUXTON, TULLI, BELARDI,
           GEIST, GEORGE, SEYFERT, COY, BEBKO-JONES, GIGLIOTTI,
           MARKOSEK, NICKOL, PESCI, STURLA, MAITLAND, HERMAN, SANTONI,
           LEDERER, SHANER, TRAVAGLIO, READSHAW, DRUCE, PLATTS, RUBLEY,
           TANGRETTI, DeWEESE, McILHINNEY, HENNESSEY, WOJNAROSKI,
           WILLIAMS, HALUSKA, VAN HORNE, GORDNER, TRELLO, WALKO,
           SAINATO, BROWNE, STABACK, HORSEY, MAHER, GODSHALL, DeLUCA,
           CURRY, STEELMAN, ORIE, HARHAI, McCALL, ROEBUCK, L. I. COHEN,
           BARRAR, SURRA, RAMOS, MELIO, JOSEPHS, COLAFELLA, ROBINSON,
           SCRIMENTI, M. COHEN, PETRARCA, TRICH, JAMES, YOUNGBLOOD AND
           THOMAS, FEBRUARY 8, 1999

        REFERRED TO COMMITTEE ON AGING AND YOUTH, FEBRUARY 8, 1999

                                     AN ACT

     1  Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
     2     act to consolidate, editorially revise, and codify the public
     3     welfare laws of the Commonwealth," providing for unannounced
     4     inspections.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  The act of June 13, 1967 (P.L.31, No.21), known
     8  as the Public Welfare Code, is amended by adding a section to
     9  read:
    10     Section 215.  Regulations for Inspections Without Prior
    11  Notice.--(a)  For the purpose of conducting an inspection of a
    12  child day care center or group child day care home as defined by
    13  this act or by regulation, without prior notice, the department
    14  shall be authorized to apply specific core health and safety


     1  regulations that it has determined, if not enforced, would pose
     2  a significant risk to the health and safety of a child. At all
     3  times, the department shall retain the authority to enforce all
     4  department regulations that pertain to the child day care
     5  facility or agency.
     6     (b)  The department shall promulgate regulations that specify
     7  the core health and safety regulations that it may apply for the
     8  purpose of conducting an inspection without prior notice. Core
     9  health and safety regulations shall include, but not be limited
    10  to, regulations pertaining to staff-to-child ratios, group
    11  sizes, prevention of disease, equipment safety, sanitation and
    12  food handling.
    13     (c)  The department shall conduct at least one inspection
    14  annually during operational hours without prior notice of child
    15  day care centers and group child day care homes to determine the
    16  standard of care being administered to the children for whom
    17  child day care is provided.
    18     (d)  The department shall promulgate regulations to implement
    19  this section.
    20     Section 2.  This act shall take effect in one year.







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