Utah State Bulletin, January 15, 2012, Vol. 2012, No. 2

DAR File No. 35573NOTICES OF PROPOSED RULESconditional status, revoke, immediately close, or refuse to renew alicense or certificate.(3) Assessment of any administrative civil money penaltyunder this section does not preclude injunctive or other equitableremedies.KEY: child care facilitiesDate of Enactment or Last Substantive Amendment: [January1, 2010]2012Notice of Continuation: August 13, 2007Authorizing, and Implemented or Interpreted Law: 26-39Health, Family Health andPreparedness, Child Care LicensingR430-50Residential Certificate Child CareNOTICE OF PROPOSED RULE(Amendment)DAR FILE NO.: 35574FILED: 12/23/2011RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THECHANGE: As part of the Department's rule review requestedby the Governor's Office, the Department concluded thatsome portions of this rule may exceed the Department'srulemaking authority, and are therefore being eliminated. Inaddition, the requirement for staff TB testing is being removedbased on a recommendation from the state's TB AdvisoryBoard which indicated that child care providers are notconsidered to be a high risk group for tuberculosis.SUMMARY OF THE RULE OR CHANGE: The proposedchange removes requirements for: indoor temperature; amandatory outdoor play area; tuberculosis testing; training forsubstitute caregivers; first aid supplies; documentation ofemergency drills; and rest periods.STATUTORY OR CONSTITUTIONAL AUTHORIZATION FORTHIS RULE: Title 26, Chapter 39ANTICIPATED COST OR SAVINGS TO:♦ THE STATE BUDGET: No state agencies operate in-homechild care programs so there are no anticipated costs orsavings to state budgets associated with this rule change.♦ LOCAL GOVERNMENTS: No local governments operatein-home child care programs so there are no anticipatedcosts or savings to local governments associated with thisrule change.♦ SMALL BUSINESSES: Almost all in-home residentialcertificate child care facilities are small businesses. Becausethis rule lessens the requirements for residential certificatechild care providers, there may be some cost savings toresidential certificate providers. An individual provider maysee as savings of less than $100 due to the reducedrequirements for training, and first aid supplies.♦ PERSONS OTHER THAN SMALL BUSINESSES,BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES:Because this rule lessens the requirements for residentialcertificate child care facilities, there may be some costsavings to individual who are residential certificate providers.An individual provider may see a savings of less than $100due to the reduced requirements for training, first aidsupplies, and activity materials.COMPLIANCE COSTS FOR AFFECTED PERSONS: TBtesting costs are born by the individual being tested.Because this rule removes the requirements for individual TBtesting, there will be some cost savings to individuals who nolonger need this test. Depending on where the test iscompleted, costs per test could range from $20 to $100. Inthose rare instances where follow-up x-rays are required,costs could range from $100 to several thousand dollars,depending on where the x-ray is done and what follow-up isrequired as a result of the x-ray.COMMENTS BY THE DEPARTMENT HEAD ON THEFISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES:A careful and thorough review of child care licensing ruleswas undertaken during the last year. Health careprofessionals recommended that testing of staff fortuberculosis was not necessary. Removal of this requirementwill save business both time and money. Other changesshould also reduce regulatory burdens.THE FULL TEXT OF THIS RULE MAY BE INSPECTED,DURING REGULAR BUSINESS HOURS, AT:HEALTHFAMILY HEALTH AND PREPAREDNESS,CHILD CARE LICENSINGCANNON HEALTH BLDG288 N 1460 WSALT LAKE CITY, UT 84116-3231or at the Division of Administrative Rules.DIRECT QUESTIONS REGARDING THIS RULE TO:♦ Teresa Whiting by phone at 801-538-6320, by FAX at 801-538-6325, or by Internet E-mail at twhiting@utah.govINTERESTED PERSONS MAY PRESENT THEIR VIEWS ONTHIS RULE BY SUBMITTING WRITTEN COMMENTS NOLATER THAN AT 5:00 PM ON 02/14/2012THIS RULE MAY BECOME EFFECTIVE ON: 03/01/2012AUTHORIZED BY: David Patton, PhD, Executive DirectorUTAH STATE BULLETIN, January 15, 2012, Vol. 2012, No. 2 47