Montana Families For Health Freedom
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Vaccines and Employment in the Daycare/Preschool Setting in MT
The Administrative Rules of Montana (ARM) are the guiding regulations with reference to vaccines and employment in the daycare/preschool setting.
(1) Good health habits, such as washing hands, must be taught during everyday activities. The staff members must ensure that each child washes their hands:
(a) before eating;
(b) before participating in food preparation activities; and
(c) after using the toilet.
(2) Every employee, volunteer, or resident at a day care facility must:
(a) be excluded from the day care facility if the person has a communicable disease, a sore throat or cold that is accompanied by a fever of 101°F or greater, or if the person exhibits any of the symptoms outlined in ARM 37.95.139(4) for which a child would be excluded;
(b) wash their hands and exposed portions of their arms with a cleaning compound in a sink by vigorously rubbing together the surfaces of their lathered hands and arms for at least 20 seconds and thoroughly rinsing with clear water, paying particular attention to the areas underneath the fingernails and between the fingers, at the following times:
(i) after touching bare human body parts other than clean hands and clean exposed portions of arms;
(ii) after using the toilet;
(iii) after every diapering;
(iv) after coughing, sneezing, or using a handkerchief or disposable tissue;
(v) immediately before engaging in food preparation and before feeding any child;
(vi) during food preparation as often as necessary to remove soil and contamination and to prevent cross contamination when changing tasks; and
(vii) after engaging in other activities that contaminate the hands; and
(c) provide documentation of at least one dose of Tdap vaccine, and for all adults born in 1957 or after, one dose of MMR vaccine unless they have a medical contraindication to the vaccines or laboratory evidence of immunity to each of the three diseases.
(3) If a child has an accident causing wet or soiled clothes, the child must be changed promptly.

History: 52-2-704, MCA; IMP, 52-2-704, 52-2-723, 52-2-731, MCA; NEW, 2006 MAR p. 1424, Eff. 6/2/06; AMD, 2012 MAR p. 1368, Eff. 7/13/12; AMD, 2018 MAR p. 308, Eff. 2/10/18; AMD, 2018 MAR p. 191, Eff. 6/1/18.

A direct link to ARM 37.95.184

We do not provide legal advice or attorney referrals on employment matters. Individuals and employers may, or may not, have legal remedies available for any real or perceived harms due to the requirements of this regulation.

We can be reached at the number or email provided here if you still have questions.

For exemption information to enroll your child in daycare, preschool or school, see