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

NOTICES OF PROPOSED RULES DAR File No. 35577child in care has an infectious disease or parasite. Parents shall benotified the day the infectious disease or parasite is discovered.R430-90-17. Medications.(1) Only a provider trained in the administration ofmedications as specified in this rule may administer medication to achild in care.(2) 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) The licensee shall ensure that all non-refrigeratedover-the-counter and prescription medication is inaccessible tochildren. The licensee shall ensure that all refrigerated over-thecounterand prescription medication is placed in a waterproofcontainer to avoid contamination between food and medication.(4) The licensee shall have a written medicationpermission form completed and signed by the parent prior to theadministering of any over-the-counter or prescription medicationbrought in by a parent for his or her child. The permission formmust 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's signature and the date signed.(5) If the licensee keeps over-the-counter medication thatis not brought in by a parent for his or her child's use, themedication shall not be administered to any child without priorparental consent for each instance it is given. The consent must beeither:(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) 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 licensee supplies the medication, check theproduct package to ensure that a child is not given a dosage largerthan 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) The licensee shall ensure that any adverse reaction toa medication or any error in administration is reported to the parentimmediately upon recognizing the error or reaction, or afternotifying emergency personnel if the reaction is life threatening.[ (8) The licensee shall not keep medications in the homefor any child who is no longer enrolled.]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 LicensingR430-100Child Care CentersNOTICE OF PROPOSED RULE(Amendment)DAR FILE NO.: 35578FILED: 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, modifies the ratios for mixed age groups, and makesrules for school age classrooms equivalent with Rule R430-70 for Out of School Time Child Care Programs. Theproposal 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: Some state agencies operate childcare centers. These agencies may be able to care for moreschool age children as a result of this rule change. However,because the agency has no way of knowing if programs willincrease the number of school age children they care for, theagency cannot anticipate what their increased revenue fromthis might be. Because the cost of TB testing is usually bornby the individual rather than the business, the agency doesnot anticipate any cost or savings as a result of this change.♦ LOCAL GOVERNMENTS: Some local governmentsoperate child care centers. These agencies may be able to82 UTAH STATE BULLETIN, January 15, 2012, Vol. 2012, No. 2