A licensed child-care home that is not located in the primary caregiver's own residence must have a policy for protecting the children in your care from vaccine-preventable diseases. The policy must:
  (1) Specify any vaccines that you have determined an employee must have for vaccine-preventable diseases based on the level of risk the employee presents to children by the employee's routine and direct exposure to children;
  (2) Require each employee to receive each specified vaccine that the employee is not exempt from having;
  (3) Include procedures for verifying whether an employee has complied with your policy;
  (4) Include procedures for an employee to be exempt from having a required vaccine because of:
    (A) Medical conditions identified as contraindications or precautions by the Centers for Disease Control and Prevention (CDC); or
    (B) Reasons of conscience, including a religious belief;
  (5) Include procedures that an exempt employee must follow to protect children in your care from exposure to disease, such as the use of protective medical equipment, including gloves and masks, based on the level of risk the employee presents to children by the employee's routine and direct exposure to children;
  (6) Prohibit discrimination or retaliatory action against an exempt employee, except that required use of protective medical equipment, including gloves and masks, may not be considered retaliatory action for purposes of this section;
  (7) Outline how you will maintain a written or electronic record of each employee's compliance with or exemption from your policy; and
  (8) State the disciplinary actions you may take against an employee who fails to comply with your policy.

Source Note: The provisions of this §747.3411 adopted to be effective June 1, 2014, 39 TexReg 3724; amended to be effective April 15, 2017, 42 TexReg 1906; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909