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

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NOTICES OF PROPOSED RULES DAR File No. 35577R430. Health, Family Health and Preparedness, Child CareLicensing.R430-90. Licensed Family Child Care.R430-90-2. Definitions.(1) "Body fluid" means blood, urine, feces, vomit, mucus,or saliva[, or breast milk].(2) "Caregiver" means a person in addition to the licenseeor substitute, including an assistant caregiver, who provides directcare to a child in care.(3) "Department" means the Utah Department of Health.(4) "Emotional abuse" means behavior that could impaira child's emotional development, such as threatening, intimidating,humiliating, or demeaning a child, constant criticism, rejection,profane language, and inappropriate physical restraint.(5) "Health care provider" means a licensed professionalwith prescriptive authority, such as a physician, nurse practitioner,or physician's assistant.(6) "Inaccessible to children" means:(a) locked, such as in a locked room, cupboard or drawer;(b) secured with a child safety device, such as a childsafety cupboard lock or doorknob device;(c) behind a properly secured child safety gate;(d) located in a cupboard or on a shelf more than 36inches above the floor; or(e) not in any location in a bathroom where a child couldreach, including by climbing on a toilet, bathtub, or counter.(7) "Infant" means a child aged birth through 11 monthsof age.(8) "Infectious disease" means an illness that is capableof being spread from one person to another.(9) "Licensee" means the person holding a Department ofHealth child care license.(10) "Over-the-counter medication" means medicationthat can be purchased without a written prescription. This includesherbal remedies and vitamin and mineral supplements.(11) "Parent" means the parent or legal guardian of achild in care.(12) "Physical abuse" means causing nonaccidentalphysical harm to a child.(13) "Preschooler" means a child aged 2 through 4, and 5year olds who have not yet started kindergarten.(14) "Provider" means the licensee, a substitute, acaregiver, or an assistant caregiver.(15) "Related children" means children for whom aprovider is the parent, legal guardian, step-parent, grandparent, stepgrandparent,great-grandparent, sibling, step-sibling, aunt, stepaunt,great-aunt, uncle, step-uncle, or great-uncle.(16) "Sanitize" means to reduce the number of germs on asurface to such a level that disease transmission by that surface isunlikely.(17) "School age" means kindergarten and older agechildren.(18) "Sexual abuse" means abuse as provided in UtahCode, Section 76-5-404.1.(19) "Sexually explicit material" means any depiction ofsexually explicit conduct, as defined in Utah Code, Section 76-5a-2(8).(20) "Sleeping equipment" means a cot, mat, crib,bassinet, porta-crib, play pen, or bed.(21) "Stationary play equipment" means equipment suchas a climber, a slide, a swing, a merry-go-round, or a spring rockerthat is meant to stay in one location when a child uses it. Stationaryplay equipment does not include:(a) a sandbox;(b) a stationary circular tricycle;(c) a sensory table; or(d) a playhouse, if the playhouse has no play equipment,such as a slide, swing, ladder, or climber attached to it.(22) "Strangulation hazard" means something on acomponent of playground equipment on which a child's clothes orsomething around a child's neck could become caught. Forexample, bolt ends that extend more than two threads beyond theface of the nut, hardware configurations that form a hook or leave agap or space between components, and open "S" type hooks.(23) "Substitute" means a person who assumes either thelicensee's or a caregiver's duties under this rule when the licensee orcaregiver is not present. This includes emergency substitutes.(24) "Supervision" means the function of observing,overseeing, and guiding a child or group of children.(25) "Toddler" means a child aged 12 months but lessthan 24 months.(26) "Unrelated children" means children who are notrelated children.(27) "Use zone" means the area beneath and surroundinga play structure or piece of equipment that is designated forunrestricted movement around the equipment, and onto which achild falling from or exiting the equipment could be expected toland.(28) "Volunteer" means a person who provides direct careto a child but does not receive direct or indirect compensation fordoing so. A volunteer is not included in the provider to child ratio.R430-90-6. 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 space at one time.(3) The outdoor play area shall be enclosed within a 4foot high fence or wall, or within a solid natural barrier that is atleast 4 feet high if:(a) the licensee's home is located on a street with a speedlimit higher than 25 miles per hour, or within half a mile of a streetwith a speed limit higher than 25 miles per hour; or(b) the licensee's home is located on a street with morethan two lanes of traffic, or within half a mile of a street with morethan two lanes of traffic.(4) If any of the following hazards exist, they must belocated behind a 4 foot high fence, wall, or solid barrier thatseparates the hazard from the children's outdoor play area:(a) livestock on the licensee's property or within 50 yardsof the licensee's property line;(b) a water hazard, such as a swimming pool, pond, ditch,lake, reservoir, river, stream, creek, or animal watering trough, onthe licensee's property or within 100 yards of the licensee's propertyline;(c) dangerous machinery, such as farm equipment, on thelicensee's property or within 50 yards of the licensee's property line;78 UTAH STATE BULLETIN, January 15, 2012, Vol. 2012, No. 2
DAR File No. 35577NOTICES OF PROPOSED RULES(d) a drop-off of more than five feet on the licensee'sproperty or within 50 yards of the licensee's property line; or(e) barbed wire within 30 feet of the children's play area.(5) The outdoor play area shall be free of poisonousplants, harmful objects, toxic or hazardous substances, and standingwater.(6) When in use by a child in care, the outdoor play areashall be free of [trash and ]animal excrement.(7) If a fence or barrier is required in Subsections (3) or(4) above, or Subsections [12(10)(c)]12(10)(c)(i) or 12(11)(b)below, there shall be no gap greater than five inches in the fence orbarrier, nor shall any gap between the bottom of the fence or barrierand the ground be greater than five inches.[(8) Licensees licensed prior to 1 September 2008 who donot have a fence as required by Subsections (3), (4), or (9)(b) shallhave until 1 September 2011 to meet this requirement.(9)](8) The outdoor play area shall have a shaded area toprotect each child from excessive sun and heat.[(10)](9) An outdoor source of drinking water, such asindividually labeled water bottles or a pitcher of water andindividual cups that are taken outside, shall be available to eachchild whenever the outside temperature is 75 degrees or higher.[(11)](10) Stationary play equipment used by any child incare shall not be located over hard surfaces such as cement, asphalt,or packed dirt, and shall have a 3' use zone. The licensee shall haveuntil 1 September 2013 to meet the 3' use zone requirement.[(12)](11) The licensee shall ensure that children usingoutdoor play equipment use it safely and in the manner intended bythe manufacturer.[(13)](12) There shall be no openings of a size greaterthan 3-1/2 by 6-1/4 inches and less than 9 inches in diameter on orwithin the use zone of any piece of stationary play equipment wherethe feet of any child in care whose head is entrapped in the openingcannot touch the ground.[(14)](13) There shall be no strangulation hazard on,within the use zone of, or adjacent to the use zone of any piece ofstationary play equipment.[(15)](14) There shall be no crush, shearing, or sharpedge hazards on, within the use zone of, or adjacent to the use zoneof any piece of stationary play equipment.[(16)](15) There shall be no tripping hazards, such asconcrete footings, tree stumps, exposed tree roots, or rocks withinthe use zone of any piece of stationary play equipment.[(17)](16) The licensee shall ensure that outdoor playareas and outdoor play equipment are maintained to protect eachchild's safety.R430-90-9. Records.(1) The licensee shall maintain on-site for review by theDepartment during any inspection the following general records:(a) documentation of the previous 12 months of quarterlyfire drills and annual disaster drills as specified in R430-90-10(9)and R430-90-10(11);(b) current animal vaccination records as required inR430-90-22(2)(b);(c) a six week record of child attendance[, including signinand sign-out records,] as required in R430-90-13(3);[(d) all current variances granted by the Department;(e)](d) a current local health department kitcheninspection;[(f)](e) an initial local fire department clearance for allareas of the home being used for care;[(g)](f) approved initial "[CBS/MIS]CBS/LIS Consentand Release of Liability for Child Care" form for all providers,volunteers, and each person age 12 and older who resides in thelicensee's home;[(h)](g) if the licensee has been licensed for more than ayear, the most recent criminal background "Disclosure Statement"which includes all providers, volunteers, and each person age 12and older who resided in the home of the licensee at any time sincethe last license renewal; and[(i)](h) if the licensee has been licensed for more than ayear, the most recent "Request for Annual Renewal of[CBS/MIS]CBS/LIS Criminal History Information for Child Care"which includes all providers, volunteers, and each person age 12and older who resided in the home of the licensee at any time sincethe last license renewal.(2) The licensee shall maintain on-site for review by theDepartment during any inspection the following records for eachenrolled child:(a) an admission form containing the followinginformation for each child:(i) name;(ii) date of birth;[(iii) date of enrollment;(iv)](iii) the parent's name, address, and phone number,including a daytime phone number;[(v)](iv) the names of people authorized by the parent topick up the child;[(vi)](v) the name, address and phone number of a personto be contacted in the event of an emergency if a provider is unableto contact the parent;[(vii)](vi) child health information, as required in R430-90-14[(6)](7); and[(viii)](vii) current emergency medical treatment andemergency medical transportation releases with the parent'ssignature;(b) current immunization records or documentation of alegally valid exemption, as specified in R430-90-14[(4)](5) and[(5)](6);(c) a completed transportation permission form, iftransportation services are offered to any child in care;(d) a six week record of medication permission forms,and a six week record of medications actually administered asspecified in R430-90-17(4) and R430-90-17(6)(f), if medicationsare administered to any child in care; and(e) a six week record of incident, accident, and injuryreports.(3) The licensee shall maintain on-site for review by theDepartment during any inspection the following records for thelicensee and each non-emergency substitute and caregiver:[(a) results of an initial TB screening, as required inR430-90-16(11) and (12);(b)](a) orientation training documentation for all nonemergencysubstitutes and caregivers as required in R430-90-7(8);UTAH STATE BULLETIN, January 15, 2012, Vol. 2012, No. 2 79
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UTAH STATEBULLETINOFFICIAL NOTICES
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TABLE OF CONTENTSTax CommissionAdmi
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SPECIAL NOTICESHealthHealth Care Fi
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DAR File No. 35613NOTICES OF PROPOS
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NOTICES OF PROPOSED RULES DAR File
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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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