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

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NOTICES OF PROPOSED RULES DAR File No. 35574(12)](10) Persons with contagious TB shall not workwith, assist with, or be present with any child in care.[(13) An individual having a medical condition whichcontra-indicates a TB test must provide documentation from ahealth care provider indicating the individual is exempt fromtesting, with an associated time frame, if applicable. The certificateholder shall maintain this documentation in the individual's file.(14)](11) A provider shall promptly change a child'sclothing if the child has a toileting accident.[(15) If a child's clothing is wet or soiled from any bodyfluid, the certificate holder shall ensure that:(a) the clothing is washed and dried; or(b) the clothing is placed in a leakproof container, labeledwith the child's name, and returned to the parent.(16)](12) If a child uses a potty chair, the certificateholder shall ensure that it is cleaned and sanitized after each use.[(17)](13) Except for diaper changes, which are coveredin Section R430-50-23, [ and children's clothing that is soiled froma toileting accident, which is covered in Subsection R430-50-16(15), ]the certificate holder shall ensure that the followingprecautions are taken when cleaning up blood, urine, feces, andvomit[, and breast milk].(a) The person cleaning up the substance shall wearwaterproof gloves;(b) the surface shall be cleaned using a detergentsolution;(c) the surface shall be rinsed with clean water;(d) the surface shall be sanitized;(e) if disposable materials such as paper towels or otherabsorbent materials are used to clean up the body fluid, they shallbe disposed of in a leakproof plastic bag;(f) if non-disposable materials, such as a cleaning cloth,mop, or re-usable rubber gloves are used to clean up the body fluid,they shall be washed and sanitized before reuse; and(g) the person cleaning up the fluid shall wash his or herhands after cleaning up the body fluid.[(18)](14) The certificate holder shall ensure that anychild who is ill with an infectious disease is separated from anyother children in care in a safe, supervised location.[(19)](15) The certificate holder shall ensure that a parentof any child who becomes ill after arrival is contacted as soon as theillness is observed or suspected.[(20)](16) The certificate holder shall ensure that theparents of every child in care are informed when any person in thehome or child in care has an infectious disease or parasite. Parentsshall be notified the day the infectious disease or parasite isdiscovered.R430-50-17. Medications.[(1) Only a provider trained in the administration ofmedications as specified in this rule may administer medication to achild in care.(2)](1) All over-the-counter and prescription medicationsshall:(a) be labeled with the child's name;(b) be kept in the original or pharmacy container;(c) have the original label; and,(d) have child-safety caps.[(3)](2) The certificate holder shall ensure that all nonrefrigeratedover-the-counter and prescription medication isinaccessible to children. The certificate holder shall ensure that allrefrigerated over-the-counter and prescription medication is placedin a waterproof container to avoid contamination between food andmedication.[(4)](3) The certificate holder shall have a writtenmedication permission form completed and signed by the parentprior to the administering of any over-the-counter or prescriptionmedication brought in by a parent for his or her child. Thepermission form must include:(a) the name of the child:(b) the name of the medication;(c) written instructions for administration; including:(i) the dosage;(ii) the method of administration;(iii) the times and dates to be administered; and(iv) the disease or condition being treated; and(d) the parent signature and the date signed.[(5)](4) If the certificate holder keeps over-the-countermedication that is not brought in by a parent for his or her child'suse, the medication shall not be administered to any child withoutprior parental consent for each instance it is given. The consentmust be either:(a) prior written consent; or(b) oral consent for which a provider documents inwriting the date and time of the consent, and which the parent signsupon picking up the child.[(6)](5) When administering medication, the personadministering the medication shall:(a) wash his or her hands;(b) if the parent supplies the medication, check themedication label to confirm the child's name;(c) if the parent supplies the medication, compare theinstructions on the parent release form with the directions on theprescription label or product package to ensure that a child is notgiven a dosage larger than that recommended by the health careprovider or the manufacturer;(d) if the certificate holder supplies the medication, checkthe product package to ensure that a child is not given a dosagelarger than that recommended by the manufacturer;(e) administer the medication; and(f) immediately record the following information:(i) the date, time, and dosage of the medication given;(ii) the signature or initials of the provider whoadministered the medication; and,(iii) any errors in administration or adverse reactions.[(7)](6) The certificate holder shall ensure that anyadverse reaction to a medication or any error in administration isreported to the parent immediately upon recognizing the error orreaction, or after notifying emergency personnel if the reaction islife threatening.[ (8) The certificate holder shall not keep medications inthe home for any child who is no longer enrolled.]R430-50-18. Napping.[(1) The certificate holder shall ensure that children incare are offered a daily opportunity for rest or sleep in an54 UTAH STATE BULLETIN, January 15, 2012, Vol. 2012, No. 2
DAR File No. 35574NOTICES OF PROPOSED RULESenvironment that provides a low noise level and freedom fromdistractions.(2) If the certificate holder has a scheduled nap time forchildren, it shall not exceed two hours daily.(3)](1) Sleeping equipment may not block exits at anytime.R430-50-19. Child Discipline.(1) The certificate holder shall inform non-emergencysubstitutes, parents, and children of the certificate holder'sbehavioral expectations for children.[(2) Providers and volunteers may discipline childrenusing positive reinforcement and redirection, and by setting clearlimits that promote a child's ability to become self-disciplined.(3)](2) A provider may use gentle, passive restraint with achild only when it is needed to stop the child from injuring himselfor herself or others or from destroying property.[(4)](3) Disciplinary measures shall not include any ofthe following:(a) any form of corporal punishment such as hitting,spanking, shaking, biting, pinching, or any other measure thatproduces physical pain or discomfort;(b) restraining a child's movement by binding, tying, orany other form of restraint that exceeds that specified in Subsection[(3)](2) above;(c) shouting at any child;(d) any form of emotional abuse;(e) forcing or withholding of food, rest, or toileting; and,(f) confining a child in a closet, locked room, or otherenclosure such as a box, cupboard, or cage.R430-50-21. Transportation.(1) Any vehicle used for transporting any child in careshall:(a) be enclosed;(b) be equipped with individual, size appropriate safetyrestraints, properly installed and in working order, for each childbeing transported;(c) be maintained in a safe condition and have a currentvehicle registration and safety inspection;(d) be maintained in a clean condition; and(e) maintain temperatures between 60-90 degreesFahrenheit when in use;(2) The adult transporting any child in care shall:(a) have and carry with him or her a current valid Utahdriver's license, for the type of vehicle being driven, whenever he orshe is transporting any child in care;(b) have with him or her a copy of each child's[admission form as specified in R430-50-9(2)(a)]emergency contactinformation;(c) ensure that each child in care being transported iswearing an appropriate individual safety restraint;(d) ensure that each child is always attended by an adultwhile in the vehicle;(e) ensure that all children remain seated while thevehicle is in motion;(f) ensure that keys are never left in the ignition when thedriver is not in the driver's seat; and(g) ensure that the vehicle is locked during transport.R430-50-23. Diapering.If children in care are diapered on the premises, thefollowing applies:(1) The diapering area shall not be located in a foodpreparation or eating area.(2) Children shall not be diapered directly on the floor, oron any surface used for another purpose.(3) The diapering surface shall be smooth, waterproof,and in good repair.(4) A provider shall clean and sanitize the diaperingsurface after each diaper change, or use a disposable non-permeablediapering surface that is thrown away after each diaper change.(5) The provider shall wash his or her hands after eachdiaper change.(6) The provider shall place soiled disposable diapers in acontainer that has a plastic lining and a tightly fitting lid, or placesoiled diapers directly in an outdoor garbage container that has atightly fitting lid or is inaccessible to children.[(7) A provider shall daily clean and sanitize indoorcontainers where soiled diapers are placed.(8) If cloth diapers are used:(a) they shall not be rinsed at the facility; and(b) after a diaper change, the provider shall place thecloth diaper directly into a leakproof container that is inaccessible toany child and labeled with the child's name, or a leakproof diaperingservice container.(9)](7) The certificate holder shall ensure that each child'sdiaper is checked at least once every two hours, and that eachchild's diaper is changed promptly if it is wet or soiled. If a child isnapping at the end of a two-hour period, the child's diaper must bechecked when the child awakes.KEY: child care facilitiesDate of Enactment or Last Substantive Amendment: [January1, 2011]2012Notice of Continuation: June 6, 2008Authorizing, and Implemented or Interpreted Law: 26-39Health, Family Health andPreparedness, Child Care LicensingR430-60Hourly Child Care CenterNOTICE OF PROPOSED RULE(Repeal and Reenact)DAR FILE NO.: 35575FILED: 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. Theentire rule is repealed and reenacted because theUTAH STATE BULLETIN, January 15, 2012, Vol. 2012, No. 2 55
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UTAH STATEBULLETINOFFICIAL NOTICES
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TABLE OF CONTENTSTax CommissionAdmi
Page 9: SPECIAL NOTICESHealthHealth Care Fi
Page 13 and 14: DAR File No. 35613NOTICES OF PROPOS
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NOTICES OF PROPOSED RULES DAR File
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NOTICES OF 120-DAY (EMERGENCY) RULE
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FIVE-YEAR NOTICES OF REVIEW AND STA
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NOTICES OFRULE EFFECTIVE DATESState
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2012 RULES INDEXBY AGENCY (CODE NUM
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RULES INDEXKEYWORDAGENCYFILENUMBERC
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2011 COMPLETE RULES INDEXBY AGENCY
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RULES INDEXAnimal IndustryR58-1 Adm
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RULES INDEXR151-3 Americans With Di
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RULES INDEXR162-2c-204 License Rene
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RULES INDEXR277-115 Copyrighting Ma
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RULES INDEXRehabilitationR280-204 U
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RULES INDEXR315-17 End of Life Auto
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RULES INDEXWomen, Infants and Child
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RULES INDEXR414-3A-2 Definitions 35
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RULES INDEXR432-950 Mammography Qua
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RULES INDEXR590-172-4 Rule 35006 AM
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RULES INDEXLIEUTENANT GOVERNORElect
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RULES INDEXR657-26 Adjudicative Pro
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RULES INDEXPUBLIC SERVICE COMMISSIO
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RULES INDEXR865-13G-17R865-14W-1R86
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RULES INDEXR909-19 Safety Regulatio
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RULES INDEXR986-700-714 CC Payment
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Utah State Bulletin, January 15, 2012, Vol. 2012, No. 2

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