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

DAR File No. 35576NOTICES OF PROPOSED RULES(c) compare the instructions on the parent release formwith the directions on the prescription label or product package toensure that a child is not given a dosage larger than thatrecommended by the health care provider or the manufacturer;(d) administer the medication; and(e) 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.(8) The provider shall report any adverse reaction to amedication or error in administration to the parent immediatelyupon recognizing the error or reaction, or after notifying emergencypersonnel if the reaction is life threatening.[ (9) The provider shall not keep medications at the facilityfor children who are no longer enrolled.]KEY: child care facilities, child care, child care centersDate of Enactment or Last Substantive Amendment: [January1, 2010]2012Authorizing, Implemented, or Interpreted Law: Title 26,Chapter 39Health, Family Health andPreparedness, Child Care LicensingR430-90Licensed Family Child CareNOTICE OF PROPOSED RULE(Amendment)DAR FILE NO.: 35577FILED: 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, and makes other minor modifications. The proposal toeliminate staff TB testing is based on a recommendation fromthe state's TB Advisory Board which indicated that child careproviders are not considered to be a high risk group fortuberculosis.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 government associated with this rulechange.♦ SMALL BUSINESSES: Almost all in-home child careprograms are small businesses. However the cost of TBtesting is usually born by the individual rather than thebusiness, so the agency does not anticipate any cost orsavings as 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 DirectorUTAH STATE BULLETIN, January 15, 2012, Vol. 2012, No. 2 77