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

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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
DAR File No. 35578NOTICES OF PROPOSED RULEScare for more school age children as a result of this rulechange. However, because the agency has no way ofknowing if programs will increase the number of school agechildren they care for, the agency cannot anticipate what theirincreased revenue from this might be. Because the cost ofTB testing is usually born by the individual rather than thebusiness, the agency does not anticipate any cost or savingsas a result of this change.♦ SMALL BUSINESSES: Almost all child care centers aresmall businesses. These businesses may be able to care formore school age children as a result of this rule change.However, because the agency has no way of knowing ifprograms will increase the number of school age childrenthey care for, the agency cannot anticipate what theirincreased revenue from this might be. Because 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:Businesses may be able to care for more school age childrenas a result of this rule change. However, because the agencyhas no way of knowing if programs will increase the numberof school age children they care for, the agency cannotanticipate what their increased revenue from this might be.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.R430-100. Child Care Centers.R430-100-2. Definitions.(1) "Accredited College" means a college accredited byan agency recognized by the United States Department of Educationas a valid accrediting agency.(2) "ASTM" means American Society for Testing andMaterials.(3) "Body fluids" means blood, urine, feces, vomit,mucous, and saliva[, and breast milk].(4) "Caregiver" means an employee or volunteer whoprovides direct care to children.(5) "CPSC" means the Consumer Product SafetyCommission.(6) "Department" means the Utah Department of Health.(7) "Designated Play Surface" means a flat surface on apiece of stationary play equipment that a child could stand, walk,sit, or climb on, and is at least 2" by 2" in size.(8) "Direct Supervision" for infants, toddlers, andpreschoolers means the caregiver can see and hear all of thechildren in his or her assigned group, and is near enough tointervene when necessary. "Direct Supervision" for school agechildren means the caregiver must be able to hear school agechildren and must be near enough to intervene when necessary.(9) "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.(10) "Group" means the children assigned to one or twocaregivers, occupying an individual classroom or an area defined byfurniture or another partition within a room.(11) "Health Care Provider" means a licensedprofessional with prescriptive authority, such as a physician, nursepractitioner, or physician's assistant.(12) "Inaccessible to Children" means either locked, suchas in a locked room, cupboard or drawer, or with a child safety lock,or in a location that a child can not get to.(13) "Infant" means a child aged birth through 11 monthsof age.(14) "Infectious Disease" means an illness that is capableof being spread from one person to another.(15) "Licensee" means the legally responsible person orpersons holding a valid Department of Health child care license.UTAH STATE BULLETIN, January 15, 2012, Vol. 2012, No. 2 83
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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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Page 112 and 113: 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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