2026 Minnesota Statutes
142H.19 SICK CARE PROGRAM.
Subdivision 1.Licensure of sick care programs.
If a license holder chooses to operate as a sick care program, the license holder must operate a sick care program that complies with the requirements in this section.
Subd. 2.Review of admission and health policies and practices.
(a) A licensed physician, physician assistant, or advanced practice registered nurse with a specialization in pediatric care must review and approve a sick care program's admission policy at the time of initial license application, after the first six months of initial operation, and at least once each calendar year.
(b) The review must include consultation with the licensed registered nurse or physician responsible for admissions.
(c) A report of the findings must be sent to the commissioner with the initial application for licensure, and subsequent reports must be placed in the center's administrative record.
Subd. 3.Evaluation of a sick child.
(a) A license holder that operates a sick care program must evaluate the condition of a sick child before admitting the child to the center.
(b) The evaluation must be based on the physical symptoms of the child each day of admission, the probable contagion and risk to the health of others present, the ability of the program to provide the care the child requires, and whether the child can be grouped together with other children in care with contagious or noncontagious illnesses. Documentation of the evaluation must be placed in the child's record.
(c) Before admitting a child to a sick care program:
(1) a parent must describe the child's symptoms over the phone;
(2) a health care provider affiliated with the center must tell the parent whether the parent may bring the child to the center for further evaluation; and
(3) the health care provider must conduct a physical assessment of the child and obtain a health history from the parent at the center.
Subd. 4.Information to parents.
A summary of the sick care program's health care policies and practices and the center's procedures for notification of parents in the event of an emergency must be given to the parent the first time a child is admitted and every admission following a change to any of the information.
Subd. 5.Parent conference exception.
Centers licensed to provide child care exclusively to sick children are not required to provide parent conferences under section 142H.20, subdivision 2.
Subd. 6.Child care program emphasis exception.
A sick care program does not need to meet the child care program plan requirements under section 142H.11. However, the child care program plan for the care of sick children must emphasize quiet activities.
Subd. 7.Group size and age category grouping exceptions.
The maximum group sizes specified under section 142H.10, subdivision 1, and the age category grouping restrictions under section 142H.10, subdivision 3, do not apply to sick care programs. There must be no more than 16 children in sick care in the same room at the same time.
Subd. 8.Staff-to-child ratios and staff distribution requirements.
(a) A one-to-four staff-to-child ratio must be maintained at all times in a room used to care for sick children.
(b) At least two program staff persons must be present in a center operating a sick care program whenever sick children are in care.
(c) The first program staff person must be a registered nurse. The remaining program staff persons must at least meet the qualifications and follow the staff distribution pattern under section 142H.10.
Subd. 9.Limitation on staff assignment.
Staff must not care for nonsick children or prepare food for nonsick children on the same day as sick children. Staff caring for sick children must not enter the kitchen used to prepare food for nonsick children.
Subd. 10.Food preparation.
Food provided by the license holder and prepared at the center must be prepared in a room separate from rooms where sick care is provided and must be delivered to each sick care room in individual servings and in covered containers. Procedures for preparing, handling, and serving food and washing food, utensils, and equipment must comply with the requirements in the Minnesota Food Code, Minnesota Rules, chapter 4626.
Subd. 12.Additional facility requirements.
A license holder operating a sick care program must provide:
(1) a room or rooms that are exclusively used to care for sick children and that are not used at any time for any other child care purpose; and
(2) toilets and hand sinks that are within or immediately adjacent to the room or rooms used for sick care and are not used by well children in care.
Subd. 13.Outdoor activity area, activities, and equipment exception.
Sick care programs under this section are exempt from the requirements for an outdoor activity area under section 142H.34, subdivision 7; outdoor activities under section 142H.11, subdivision 2; and outdoor equipment under section 142H.14.
Subd. 14.Cleaning and disinfection.
Floors in rooms where sick care is provided and all linens, toileting equipment, sinks, furnishings, objects, and equipment used by sick children must be cleaned and disinfected at least daily and as needed pursuant to the requirements under section 142H.31.
Subd. 15.Bedding and sleeping equipment.
(a) Each sick child must be provided appropriate bedding and sleeping equipment, depending on the age of the child, as follows:
(1) a crib and crib sheets pursuant to the requirements of section 142B.45, cot, mat, or bed, depending on the age of the child;
(2) a pillow, except if the child is an infant;
(3) a pillowcase, except if the child is an infant; and
(4) a blanket or quilt, except if the child is an infant.
(b) Bedding provided by the center must be laundered after each use. Sleeping equipment must be cleaned and disinfected after each use.
History:
NOTE: This chapter, as added by Laws 2026, chapter 127, article 12, sections 1 to 37, is effective July 1, 2027. Laws 2026, chapter 127, article 12, section 41.
Official Publication of the State of Minnesota
Revisor of Statutes