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

NOTICES OF PROPOSED RULES DAR File No. 35575KEY: child care facilitiesDate of Enactment or Last Substantive Amendment: [February15, 2002]2012Notice of Continuation: June 6, 2008Authorizing, and Implemented or Interpreted Law: 26-39Health, Family Health andPreparedness, Child Care LicensingR430-70Out of School Time Child CareProgramsNOTICE OF PROPOSED RULE(Amendment)DAR FILE NO.: 35576FILED: 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.SUMMARY OF THE RULE OR CHANGE: The proposedchange removes requirements for tuberculosis (TB) testing ofstaff. The proposal to eliminate staff TB testing is based on arecommendation from the state's TB Advisory Board whichindicated that child care providers are not considered to be ahigh risk group for tuberculosis.STATUTORY OR CONSTITUTIONAL AUTHORIZATION FORTHIS RULE: Title 26, Chapter 39ANTICIPATED COST OR SAVINGS TO:♦ THE STATE BUDGET: No state agencies operate out ofschool time child care programs so there are no anticipatedcosts or savings to state budgets associated with this rulechange.♦ LOCAL GOVERNMENTS: Some local governmentsoperate out of school time child care programs. However thecost of TB testing is usually born by the individual rather thenthe business, so the agency does not anticipate any cost orsavings as a result of this change.♦ SMALL BUSINESSES: Almost all out of school time childcare programs are small businesses. However the cost of TBtesting is usually born by the individual rather than thebusiness, the agency does not anticipate any cost or savingsas a result of this change.♦ PERSONS OTHER THAN SMALL BUSINESSES,BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES:Because the cost of TB testing is usually born by theindividual rather than the business, the agency does notanticipate any cost or savings as a result of this change.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 DirectorR430. Health, Family Health and Preparedness, Child CareLicensing.R430-70. Out of School Time Child Care Programs.R430-70-1. Purpose.This rule is promulgated pursuant to Title 26, Chapter 39.It establishes standards for the operation and maintenance of out ofschool time programs and requirements to protect the health andsafety of children in these programs.R430-70-6. Outdoor Environment.(1) There shall be an outdoor play area for children that issafely accessible to children.(2) The outdoor play area shall have at least 40 squarefeet of space for each child using the playground at the same time.70 UTAH STATE BULLETIN, January 15, 2012, Vol. 2012, No. 2