WSR 13-20-083 PROPOSED RULES DEPARTMENT OF EARLY LEARNING [Filed September 30, 2013, 9:50 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-16-070.
Title of Rule and Other Identifying Information: Chapter 170-297 WAC, revising rules on communicable disease to align with recent department of health changes to chapter 246-110 WAC; clarifying rules on the requirement for directors, site coordinators, and lead teachers to complete twenty hours of state registry training system (STARS) training.
Hearing Location(s): Department of Early Learning (DEL), State Office, 1110 Jefferson Street S.E., Olympia, WA 98501, on November 5, 2013, at 12 p.m.
Date of Intended Adoption: Not earlier than November 5, 2013.
Submit Written Comments to: Rules Coordinator, DEL, P.O. Box 40970, Olympia, WA 98504-0970, e-mail rules@del.wa.gov, fax (360) 586-0533, by November 5, 2013.
Assistance for Persons with Disabilities: Contact DEL rules coordinator by October 29, 2013, (360) 407-1962.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To align chapter 170-297 WAC with department of health changes to chapter 246-110 WAC by replacing references to "communicable disease" and replacing them with "contagious disease." To clarify rules on the requirement for directors, site coordinators, and lead teachers to complete twenty hours of STARS training.
Reasons Supporting Proposal: Rule making is necessary because the department of health has amended its terminology regarding disease by substituting the term "contagious disease" for "communicable disease." Alignment of DEL's licensing rules with these changes is necessary in order to ensure that disease terminology is clear to child care providers. Rule making on the requirement for directors, site coordinators, and lead teachers to complete twenty hours of STARS training is necessary in order to clarify when training must be completed and when an exemption to the training must be requested.
Statute Being Implemented: Chapter 43.215 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DEL, governmental.
Name of Agency Personnel Responsible for Drafting: Lynne Shanafelt, Licensing Admin., DEL State Office, P.O. Box 40970, Olympia, WA 98504, (360) 407-1953; Implementation and Enforcement: DEL licensing offices, statewide.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules are not expected to impose new costs on businesses that are required to comply. If the rules result in costs, those costs are not expected to be "more than minor" as defined in chapter 19.85 RCW.
A cost-benefit analysis is not required under RCW 34.05.328. DEL is not among the agencies listed as required to comply with RCW 34.05.328.
September 30, 2013
Elizabeth M. Hyde
Director
AMENDATORY SECTION (Amending WSR 12-23-057, filed 11/19/12, effective 12/20/12)
WAC 170-297-1720 Lead teachers.
(1) Lead teachers may be employed to be in charge of a child or a group of children. (2) The lead teacher must have the understanding, ability, physical health, emotional stability and good judgment to meet the needs of the children in care. (3) Lead teachers must: (a) Be eighteen years of age or older; (b) Have one year experience in school-age care; (c) Have a TB test as required under WAC 170-297-1750; (d) Have a background clearance as required under chapter 170-06 WAC; (e) Have current CPR and first-aid certification as required under WAC 170-297-1825; (f) Complete HIV/AIDS training and annual bloodborne pathogens training as required under WAC 170-297-1850; (g) Have a high school diploma or equivalent; (h) Complete twenty hours of STARS training within ((six)) three months of assuming the position of lead teacher; (i) Complete ongoing training hours as required under WAC 170-297-1800; (j) Have a food worker card, if applicable; and (k) Attend an agency orientation as required under WAC 170-297-5800. (4) Lead teachers are counted in the staff-to-child ratio. (5) When the site coordinator is off-site or unavailable, lead teachers may assume the duties of site coordinator when they meet the site coordinator minimum qualifications, and may also serve as child care staff when the role does not interfere with management and supervisory responsibilities.
AMENDATORY SECTION (Amending WSR 12-23-057, filed 11/19/12, effective 12/20/12)
WAC 170-297-1775 Basic twenty hour STARS training.
(1) Prior to working unsupervised with children the director, site coordinator, and lead teacher must register in MERIT ((and: (1))). (2) The director, site coordinator, and lead teacher must complete the basic twenty hours of STARS training((; or (2))) within three months of assuming the position. (3) If the director, site coordinator, or lead teacher qualifies for an exemption to the STARS training requirement, he or she must request an exemption to the ((STARS training)) requirement within ten days of assuming the position.
AMENDATORY SECTION (Amending WSR 12-23-057, filed 11/19/12, effective 12/20/12)
WAC 170-297-2250 Reporting incidents to a child's parent or guardian and the department.
(1) The licensee or designee must report to a child's parent or guardian and the department: (a) Immediately: (i) Any incident reported under WAC 170-297-2200, after calling 911; (ii) Any incident reported under WAC 170-297-2225, after calling 911 and Washington poison center; (iii) A child's demonstrated acts, gestures or behaviors that may cause serious intentional harm to self, others or property; and (iv) Use of physical restraint on a child; (b) Within twenty-four hours: (i) Injury or other health concern to a child that does not require professional medical treatment (report to parent only); (ii) Change in child care staff that may impact child care staffing; (iii) Change in the program phone number or e-mail; and (iv) Child's exposure to a reportable ((communicable)) contagious disease from the list in WAC 246-110-010(((4))). (2) The licensee must notify the department when liability insurance coverage terminates within thirty days of termination. (3) The licensee must give a child's parent or guardian written notice when liability insurance coverage lapses or is terminated within thirty days of lapse or termination.
AMENDATORY SECTION (Amending WSR 12-23-057, filed 11/19/12, effective 12/20/12)
WAC 170-297-3200 Health plan.
(1) A written health plan must be in place for the program and contain the following: (a) ((Communicable)) Contagious disease notification under WAC 170-297-3210; (b) Exclusion of ill person under WAC 170-297-3210; (c) Exclusion of person diagnosed with a notifiable condition under WAC 170-297-2325; (d) Immunization tracking under WAC 170-297-3250 through 170-297-3300; (e) Medication management under WAC 170-297-3315 through 170-297-3550; (f) Medication storage under WAC 170-297-3325; (g) Injury treatment under WAC 170-297-3575 through 170-297-3600; (h) Abuse and neglect protection and training under WAC 170-297-6275; (i) Caring for children with special needs under WAC 170-297-0050; (j) Care for animals on the premises; (k) Handwashing and hand sanitizers under WAC 170-297-3625 through 170-297-3650; (l) Food and food services; (m) How general cleaning will be provided and how areas such as food contact surfaces, kitchen equipment, toys, and toileting equipment, will be cleaned and sanitized; and (n) Cleaning and sanitizing laundry under WAC 170-267-3850. (2) The health plan must be reviewed and dated by a physician, a physician's assistant, or a registered nurse and submitted to the department every three years.
AMENDATORY SECTION (Amending WSR 12-23-057, filed 11/19/12, effective 12/20/12)
WAC 170-297-3210 ((Communicable)) Contagious disease procedure.
(1) When a licensee or program staff person becomes aware that any program staff person or child in care has been diagnosed with any of the ((communicable)) contagious diseases as defined in WAC 246-110-010, the licensee or designee must: (a) Notify parents or guardians of each of the children in care within twenty-four hours; and (b) Follow the health policy before providing care or before readmitting the program staff person or child into the child care. (2) The licensee's health policy must include provisions for excluding or separating a child or program staff person with a ((communicable)) contagious disease. Children with any of the following symptoms must be excluded from care until guidelines permit readmission: (a) Fever of one hundred one degrees Fahrenheit or higher measured orally, or one hundred degrees Fahrenheit or higher measured under the armpit (axially), if the individual also has: (i) Earache; (ii) Headache; (iii) Sore throat; (iv) Rash; or (v) Fatigue that prevents the individual from participating in regular activities; (b) Vomiting that occurs two or more times in a twenty-four hour period; (c) Diarrhea with three or more watery stools, or one bloody stool, in a twenty-four hour period; or (d) Drainage of thick mucus or pus from the eye.
AMENDATORY SECTION (Amending WSR 12-23-057, filed 11/19/12, effective 12/20/12)
WAC 170-297-4850 Pet and other animal health and safety.
(1) Pets that have contact with children must: (a) Have current immunizations for ((communicable)) contagious diseases; (b) Show no signs of disease, worms or parasites; and (c) Have veterinarian documentation that the pet is nonaggressive. (2) Children and program staff must wash their hands as required under WAC 170-297-3650 before and after handling or feeding pets or handling pet toys or equipment. (3) Programs that are on school district property must follow the school district's policy for pets.
|