5 CSR 25-400.125
Medical Examination Reports
PURPOSE: This rule sets forth the requirements for medical
examinations for caregivers and children in care.
PUBLISHER’S NOTE: The secretary of state has determined that the
publication of the entire text of the material which is incorporated
by reference as a portion of this rule would be unduly cumbersome
or expensive. This material as incorporated by reference in this
rule shall be maintained by the agency at its headquarters and
shall be made available to the public for inspection and copying
at no more than the actual cost of reproduction. This note applies
only to the reference material. The entire text of the rule is printed
here.
(1) Child Care Provider and Assistants.
(A) The child care provider shall be in good physical and
emotional health with no physical or mental conditions which
would interfere with child care responsibilities.
(B) The provider shall have a medical examination report on
file at the time of initial licensure.
(C) All assistants shall be in good physical and emotional
health with no physical or mental conditions which would
interfere with child care responsibilities.
(D) Assistants who are employed or volunteer more than five
(5) hours per week shall have a medical examination report
on file within thirty (30) days of beginning work in the home.
(E) Medical examination reports shall include either a
Tuberculosis (TB) Risk Assessment form, completed and signed
by a health care professional, or a negative tuberculin skin
test (TST) completed not more than twelve (12) months before
beginning work in the facility. The Tuberculosis (TB) Risk
Assessment form, revised March 2014, is incorporated by
reference in this rule, as published by the Missouri Department
of Health and Senior Services, PO Box 570, Jefferson City,
MO 65102 and available by the Missouri Department of
Health and Senior Services at https://health.mo.gov/living/
healthcondiseases/communicable/tuberculosis/tbmanual/pdf/
RiskAssessmentform.pdf. This rule does not incorporate any
subsequent amendments or additions to this publication. If the
person has signs or symptoms of tuberculosis, or risk factors for
tuberculosis, then testing for tuberculosis shall occur.
1. If the person has no documented history of ever
receiving a tuberculin skin test (TST), and elects to receive a
TST, then a two- (2-) step TST is required. A history of bacilli
Calmette-Guerin vaccination (BCG) shall not exempt a person
from receiving a tuberculin test.
2. Persons that have a newly positive tuberculin test(s) shall
not be allowed to work until a medical evaluation is performed
to determine if the person has active contagious tuberculosis.
3. Persons with active contagious tuberculosis shall be
excluded from employment until deemed non-infectious by
the Missouri Department of Health and Senior Services or the
local public health agency. The person may return to work
once the above criteria have been met, as long as the person
adheres to his/her prescribed treatment regimen.
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4. All positive tuberculin tests shall be reported to the
Missouri Department of Health and Senior Services or local
public health agency as required by 19 CSR 20-20.020.
(F) Medical examination reports shall be signed by a licensed
physician or registered nurse who is under the supervision
of a licensed physician and completed not more than twelve
(12) months prior to beginning work in the home. These
reports may be transferable to another child care facility for
subsequent employment.
(G) The medical examination report form shall be supplied
by the department or the provider may use his/her own
form if it contains all the information on the department’s
form. The Medical Examination Report for Caregivers and Staff
form, revised 2021, is incorporated by reference in this rule,
as published by the Missouri Department of Elementary
and Secondary Education, PO Box 480, Jefferson City, MO
65102-0480 and available by the department at https://dese.
mo.gov/childhood/forms. This rule does not incorporate any
subsequent amendments or additions.
(H) A child care employee, who is identified as a contact to
an active tuberculosis case, shall be evaluated for tuberculosis
to determine if the person has active contagious tuberculosis,
or be excluded from work.
(I) If at any time the department has reason to question
the physical or mental health of a provider or assistant, the
department shall require a physical or mental examination of
that person.
(J) No individual shall work when ill if the health or wellbeing of children is endangered.
(2) Children.
(A) The provider shall require, within thirty (30) days following
the admission of each infant, toddler, or preschool child, a
medical examination report signed by a licensed physician
or registered nurse who is under the supervision of licensed
physician and completed not more than twelve (12) months
prior to admission. The provider may use the department’s
medical assessment form or the provider may use its own
form if it contains all the information on the department’s
form. The Child Medical Examination Report (Infant/Toddler/
Pre-School), revised 2021, is incorporated by reference in this
rule, as published by the Missouri Department of Elementary
and Secondary Education, PO Box 480, Jefferson City, MO
65102-0480 and available by the department at https://dese.
mo.gov/childhood/forms. This rule does not incorporate any
subsequent amendments or additions.
(B) Examination reports shall determine if a child’s
medical history and current state of health is satisfactory for
participation in a child care program.
(C) Medical examination reports shall not apply to any child
if the parent(s) files a signed statement of objection based on
religious beliefs.
(D) The parent(s) of a school-age child shall provide a report
at the time of enrollment indicating the child’s health history,
any current health problems, and any restrictions necessary for
the child’s care.
(E) The medical examination report form and the health
history report for school-age children shall be supplied by
the department or the provider may use his/her own form
if it contains all the information on the department’s form.
The School-Age Child Health Report form, revised 2021, is
incorporated by reference in this rule, as published by the
Missouri Department of Elementary and Secondary Education,
PO Box 480, Jefferson City, MO 65102-0480 and available by
the department at https://dese.mo.gov/childhood/forms. This
rule does not incorporate any subsequent amendments or
additions.
AUTHORITY: section 161.092, RSMo 2016, and section 210.221,
RSMo Supp. 2021.* This rule was previously filed as 13 CSR 4061.110, 13 CSR 40-61.125, and 19 CSR 40-61.125. Original rule filed
March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 4061.125, effective Dec. 9, 1993. Emergency amendment filed Aug.
18, 1993, effective Aug. 28, 1993, expired Dec. 25, 1993. Emergency
amendment filed Jan. 4, 1994, effective Jan. 14, 1994, expired
May 13, 1994. Amended: Filed Aug. 18, 1993, effective April 9,
1994. Changed to 19 CSR 30-61.125 July 30, 1998. Amended: Filed
April 29, 2011, effective Oct. 30, 2011. Moved to 5 CSR 25-400.125,
effective Aug. 30, 2021. Amended: Filed Oct. 7, 2021, effective May
30, 2022.
*Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and
210.221, RSMo 1949, amended 1955, 1987, 1993, 1995, 1999, 2015, 2019, 2020.