Resolve, Regarding Legislative Review of Chapter 33: Family Child Care Provider Licensing Rule, a Major Substantive Rule of the Department of Health and Human Services, Office of Child and Family Services
Maine Legislature, Session 130, LD 1864
Committee Amendment CA_A_H783 (House)

COMMITTEE AMENDMENT" A" to H.P. 1374, L.D. 1864, "Resolve, Regarding 
Legislative Review of Chapter 33: Family Child Care Provider Licensing Rule, a Major 
Substantive Rule of the Department of Health and Human Services, Office of Child and 
Family Services" 
Amend the resolve by striking out the title and substituting the following:· . 
'Resolve, Regarding Legislative Review of Portions of Chapter 33: Family Child Care 
Provider Licensing Rule, a Major Substantive Rule of the Department of Health and 
Human Services, Office of Child and Family Services' 
Amend the resolve by striking out all of section 1 and inserting the following: 
'Sec. 1. Adoption. Resolved: That final adoption of portions of Chapter 33: 
Family Child Care Provider Licensing Rule, a provisionally adopted major substantive rule 
of the Department of Health and Human Services, Office of Child and Family Services that 
has been submitted to the Legislature for review pursuant to the Maine Revised Statutes, 
Title 5, chapter 375, subchapter 2-A, is authorized only if the following changes are made: 
1. The rule must be amended to remove critical violation in Section l.B.11 as a 
category of violation by providers that do not meet licensing requirements; 
2. The rule must be amended to remove all references to "CV" for critical violations 
from the margins; 
3. In Section 2.G.12, the rule must be amended to require providers to enroll rather 
than register with the Quality Rating and Improvement System within the Office of Child 
and Family Services; 
4. In Section 6.F.4, the rule must be amended to remove the requirement for providers 
to notify the department of a critical violation within 24 hours of occurrence; 
5. In Section 7.F.5 and Section 7.F.6, the rule must be amended to specify that the 
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immunization records of providers and staff members document immunity against tetanus, 
pertussis and diphtheria; 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"A"toH.P. 1374, L.D. 1864 
6. In Section 8.A.10, the rule must be amended to clarify that training for staff 
members on transportation of children is required biennially rather than biannually; 
7. In Section 12.A.1.a, the rule must be amended to update the child care immunization 
standards from those published in September 2019 to those published on August 8, 2021; 
8. In Section 14.M, the rule must be amended to remove the requirement for both hot 
and cold running water in toilet facilities and require only running water; and 
9. The rule must be amended to remove administrative fines from Section 20.D as a 
penalty for noncompliance with licensing rules and from Section 20.P.1.c.v from actions 
that are subject to the right to appeal.' 
Amend the resolve by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment authorizes the Department of Health and Human Services, Office of 
Child and Family Services to adopt its major substantive rule Chapter 33: Family Child 
Care Provider Licensing Rule only if certain changes are made to the rule. The rule must 
be amended to remove certain references to critical violations and administrative fines. The 
rule must make clarifications to immunization records for providers and staff and must 
update the child care immunization standards to those published in 2021. The rule must be 
amended to replace the requirement for. both hot and cold water in toilet facilities with a 
requirement for only running water, make training on transportation of children biennial 
and require providers to enroll in the Quality Rating and Improvement System within the 
Office of Child and Family Services. 
COMMITTEE AMENDMENT