DAR File No. 41233

Health, Child Care Center Licensing Committee

Section R381-60-2

Definitions

Notice of Proposed Rule

(Amendment)

DAR File No.: 41233
Filed: 01/30/2017 10:08:22 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed change references the definition of "guest" and "volunteer" as stated in Rule R430-6.

Summary of the rule or change:

This rule change is supported by both the Child Care Center Licensing Committee and the Residential Advisory Committee. This rule change references the definitions of "guest" and "volunteer" as stated in Rule R430-6. These definitions are more accurate and help clarify the different roles of various types of volunteers. Renumbering is also done as needed.

Statutory or constitutional authorization for this rule:

• Title 63G, Chapter 3

Anticipated cost or savings to:

the state budget:

No state agencies operate hourly child care centers. Therefore, the committee does not anticipate any cost or savings as a result of this change.

local governments:

Some local governments operate child care centers. Since the proposed change provides a better definition of who will be required to have a background screening, guests as defined in the rule will not have to be background checked. Therefore, the committee can anticipate some savings to child care programs operated by state agencies. The exact savings cannot be determined since any potential savings are speculative and will vary depending on the program.

small businesses:

Almost all child care centers are small businesses. Since the proposed change provides a better definition of who will be required to have a background screening, guests as defined in the rule will not have to be background checked. Therefore, the committee can anticipate some savings to small child care businesses. The exact savings cannot be determined since any potential savings are speculative and will vary depending on the program.

persons other than small businesses, businesses, or local governmental entities:

Since the proposed change provides a better definition of who will be required to have a background screening, guests as defined in the rule will not have to be background checked. Therefore, the committee can anticipate some savings to entities or persons that are not small businesses. The exact savings cannot be determined since any potential savings are speculative and will vary depending on the program.

Compliance costs for affected persons:

Because this rule will not change any of the requirements for child care programs, the committee does not anticipate any compliance costs for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

This amendment may fiscally impact business with a cost savings to child care facilities due to the reduction of required background checks.

Joseph Miner, MD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Health
Child Care Center Licensing Committee
3760 S HIGHLAND DR
SALT LAKE CITY, UT 84106

Direct questions regarding this rule to:

• Simon Bolivar at the above address, by phone at 801-803-4618, by FAX at 801-237-0786, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/17/2017

This rule may become effective on:

03/30/2017

Authorized by:

Joseph Miner, Executive Director

R381. Health, Child Care Center Licensing Committee.

R381-60. Hourly Child Care Centers.

R381-60-2. Definitions.

(1) "Accredited College" means a college accredited by an agency recognized by the United States Department of Education as a valid accrediting agency.

(2) "ASTM" means American Society for Testing and Materials.

(3) "Body fluids" means blood, urine, feces, vomit, mucous, and saliva.

(4) "Caregiver" means an employee or volunteer who provides direct care to children.

(5) "CPSC" means the Consumer Product Safety Commission.

(6) "Department" means the Utah Department of Health.

(7) "Designated Play Surface" means a flat surface on a piece of stationary play equipment that a child could stand, walk, sit, or climb on, and is at least 2" by 2" in size.

(8) "Director" means a person who meets the director qualifications of this rule, and who assumes the day-to-day responsibilities for the facility to be in compliance with Child Care Licensing rules.

(9) "Direct Supervision" for infants, toddlers, and preschoolers means the caregiver can see and hear all of the children in his or her assigned group, and is near enough to intervene when necessary. "Direct Supervision" for school age children means the caregiver must be able to hear school age children and must be near enough to intervene when necessary.

(10) "Emotional Abuse" means behavior that could impair a child's emotional development, such as threatening, intimidating, humiliating, or demeaning a child, constant criticism, rejection, profane language, and inappropriate physical restraint.

(11) "Group" means the children assigned to one or two caregivers, occupying an individual classroom or an area defined by furniture or another partition within a room.

(12) "Guest" as defined in R430-006.

[(12)](13) "Health Care Provider" means a licensed professional with prescriptive authority, such as a physician, nurse practitioner, or physician's assistant.

[(13)](14) "Inaccessible to Children" means either locked, such as in a locked room, cupboard or drawer, or with a child safety lock, or in a location that a child cannot get to.

[(14)](15) "Infant" means a child aged birth through 11 months of age.

[(15)](16) "Infectious Disease" means an illness that is capable of being spread from one person to another.

[(16)](17) "Licensee" means the legally responsible person or persons holding a valid Department of Health child care license.

[(17)](18) "Over-the-Counter Medication" means medication that can be purchased without a written prescription from a health care provider. This includes herbal remedies and vitamin or mineral supplements.

[(18)](19) "Parent" means the parent or legal guardian of a child in care.

[(19)](20) "Person" means an individual or a business entity.

[(20)](21) "Physical Abuse" means causing non-accidental physical harm to a child.

[(21)](22) "Preschooler" means a child aged 2 through 4, and 5 year olds who have not yet started kindergarten.

[(22)](23) "Protective cushioning" means cushioning material that has been tested to and meets American Society for Testing and Materials (ASTM) Specification F 1292, such as unitary surfaces, wood chips, engineered wood fiber, and shredded rubber mulch. Protective cushioning may also include pea gravel or sand as allowed by the Consumer Product Safety Commission (CPSC).

[(23)](24) "Provider" means the licensee or the entity providing child care services.

[(24)](25) "Sanitize" means to remove soil and small amounts of certain bacteria from a surface or object with a chemical agent.

[(25)](26) "School Age" means children ages five through twelve.

[(26)](27) "Sexual Abuse" means abuse as defined in Utah Code, Section 76-5-404.1.(2).

[(27)](28) "Sexually Explicit Material" means any depiction of sexually explicit conduct, as defined in Utah Code, Section 76-5b-103(10).

[(28)](29) "Sleeping Equipment" means a cot, mat, crib, bassinet, porta-crib, or play pen.

[(29)](30) "Stationary Play Equipment" means equipment such as a climber, a slide, a swing, a merry-go-round, or a spring rocker that is meant to stay in one location when children use it. Stationary play 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.

[(30)](31) "Toddler" means a child aged 12 months but less than 24 months.

[(31)](32) "Use Zone" means the area beneath and surrounding a play structure or piece of equipment that is designated for unrestricted movement around the equipment, and onto which a child falling from or exiting the equipment could be expected to land.

[(32)](33) "Volunteer" as defined in R430-006.[means a person who provides care to a child but does not receive direct or indirect compensation for doing so.]

 

KEY: child care facilities, hourly child care centers

Date of Enactment or Last Substantive Amendment: [March 30, 2016]2017

Authorizing, and Implemented or Interpreted Law: 26-39-203(1)(a)