WSR 02-03-095

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed January 18, 2002, 4:02 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 388-151-020 Who needs to be licensed?, 388-151-097 What if I do not pay the civil penalty?, 388-151-230 What requirements must I meet for medication management?, and 388-155-320 Outdoor play area.

Purpose: When these rules were adopted in January 2001, there were four technical errors in which certain words were not formatted according to statutory requirements. The code reviser noticed the discrepancy and made notes of the needed changes by putting the words in brackets. The WACs need to be corrected so that the bracketed words are legally recognized. This filing will correct the technical errors made in these WACs when they were amended in WSR 01-02-031. The language in these WACs will not be altered by these proposed amendments.

Statutory Authority for Adoption: Chapter 74.15 RCW.

Statute Being Implemented: Chapter 74.15 RCW.

Summary: This is to implement technical changes due to material in the original filing that did not conform to the statutory requirements.

Reasons Supporting Proposal: The rules need to be corrected. The existing rules are not correct.

Name of Agency Personnel Responsible for Drafting: Leslie Edwards-Hill, 1009 College Street S.E., Lacey, WA 98504-5480, (360) 413-3289; Implementation: Mike Tornquist, 1009 College Street S.E., Lacey, WA 98504-5480, (360) 413-3282; and Enforcement: Rachael Langen, 1009 College Street S.E., Lacey, WA 98504-5480, (360) 413-3209.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This filing will correct an error in the original filing in which some segments of text were not properly formatted as being new text. This resulted in a code reviser's note being attached to these WACs noting the error. This filing does not change the language in any way except to properly insert the text that was not properly added during the last revision.

Proposal does not change existing rules. No, this proposal does not change the existing rules in any way.

No small business economic impact statement has been prepared under chapter 19.85 RCW. It was earlier determined that there was not significant economic impact to the rule changes. This filing does not change the rule that is already in effect.

RCW 34.05.328 does not apply to this rule adoption. This rule is exempt under RCW 34.05.328 (5)(b)(iv) in that it corrects typographical errors with [without] changing the effect of the rule.

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on February 26, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by February 22, 2002, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., February 26, 2002.

Date of Intended Adoption: Not earlier than February 27, 2002.

January 17, 2002

Bonita H. Jacques

for Brian H. Lindgren, Manager

Rules and Polices Assistance Unit

3034.1
AMENDATORY SECTION(Amending WSR 01-02-031, filed 12/22/00, effective 1/22/01)

WAC 388-151-020   Who needs to be licensed?   (1) The person or organization operating a school-age child care center must receive a license from the department to provide school-age child care, in accordance with chapter 74.15 RCW.

(2) The department does not need to license the person or organization operating a school-age child care center (([if chapter 74.15 RCW exempts the person or organization from the licensing requirements])) if chapter 74.15 RCW exempts the person or organization from the licensing requirements. The person or organization claiming an exemption from the licensing requirements must provide the department proof of entitlement to the exemption at the licensor's request.

(3) You may use the following matrix to determine whether or not you are exempt from licensing:

Child care Recreational
The child care facility assumes responsibility for the child and his welfare. Children are free to come and go as they choose.
Children are signed in and can only be released to an authorized adult. No responsibility is assumed in lieu of parent.
A specific registration procedure and required forms must be completed. No registration form or procedure.
Must adhere to DSHS standards; has specific requirements regarding staff-child ratio and group size. No required staff-child ratio or group size requirements.
Specific DSHS requirements regarding policies and procedures are in a parent handbook. No specific detailed policies and procedures. General "house rules" apply at each site.
There are specific program goals and activities; calendars of activities are posted and available. Activities occur on a daily basis; no long-term goals or activities exist.
(4) The person or organization that serves state-paid children must:

(a) Be licensed or certified;

(b) Follow billing policies and procedures in Child Care Subsidies, a brochure for providers, DSHS 22-877(X), and;

(c) Bill the department at the person's or organization's customary rate or the DSHS rate, whichever is less.

[Statutory Authority: RCW 74.15.020. 01-02-031, 388-151-020, filed 12/22/00, effective 1/22/01. Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), 388-151-020, filed 12/30/92, effective 1/30/93.]


AMENDATORY SECTION(Amending WSR 01-02-031, filed 12/22/00, effective 1/22/01)

WAC 388-151-097   What if I do not pay the civil (([penalty?])) penalty?   The department may suspend, revoke or not renew a license for failure to pay a civil monetary penalty the department has assessed within ten days after such assessment becomes final.

[Statutory Authority: RCW 74.15.020. 01-02-031, 388-151-097, filed 12/22/00, effective 1/22/01. Statutory Authority: RCW 74.15.030. 96-20-095, 388-151-097, filed 10/1/96, effective 11/1/96.]


AMENDATORY SECTION(Amending WSR 01-02-031, filed 12/22/00, effective 1/22/01)

WAC 388-151-230   What requirements must I meet for medication management?   You may have a policy of not giving medication to the child in care. If your center's health care plan includes giving medication to the child in care, you:

(1) Must give medications, prescription and nonprescription, only on the written approval of a parent, person, or agency having authority by court order to approve medical care;

(2) Must give prescription medications:

(a) Only as specified on the prescription label; or

(b) As authorized, in writing, by a physician or other person legally authorized to prescribe medication.

(3) Must give the following classifications of nonprescription medications, with written parent authorization, only at the dose, duration, and method of administration specified on the manufacturer's label for the age or weight of the child needing the medication:

(a) Antihistamines;

(b) Nonaspirin fever reducers/pain relievers;

(c) Nonnarcotic cough suppressants;

(d) Decongestants;

(e) Anti-itching ointments or lotions, intended specifically to relieve itching;

(f) Diaper ointments and powders, intended specifically for use in the diaper area of the child; and

(g) Sun screen.

(4) Must give other nonprescription medication:

(a) Not included in the categories listed in subsection (3) of this section; or

(b) Taken differently than indicated on the manufacturer's label; or

(c) Lacking labeled instructions, only when disbursement of the nonprescription medication is as required under subsection (4)(a), (b), and (c) of this section:

(i) Authorized, in writing, by a physician; or

(ii) Based on established medical policy approved, in writing, by a physician or other person legally authorized to prescribe medication.

(5) Must accept from the child's parent, guardian, or responsible relative only medicine in the original container, labeled with:

(a) The child's first and last names;

(b) The date the prescription was filled; or

(c) The medication's expiration date; and

(d) Legible instructions for administration, such as manufacturer's instructions or prescription label.

(6) Must keep medication, refrigerated or nonrefrigerated, in an orderly fashion and inaccessible to the child;

(7) Must store external medication in a compartment separate from internal medication;

(8) Must keep a record of medication disbursed;

(9) Must return to the parent or other responsible party, or must dispose of medications no longer being taken; and

(10) May, at your option, permit self-administration of medication by a child in care if:

(a) The child is physically and mentally capable of properly taking medication without assistance;

(b) You include in the child's file a parental or physician's written statement of the child's capacity to take medication (([without])) without assistance; and

(c) You have stored the child's medications and other medical supplies so the medications and medical supplies are inaccessible to other children in care.

[Statutory Authority: RCW 74.15.020. 01-02-031, 388-151-230, filed 12/22/00, effective 1/22/01. Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), 388-151-230, filed 12/30/92, effective 1/30/93.]

3035.1
AMENDATORY SECTION(Amending WSR 00-06-040, filed 2/28/00, effective 3/30/00)

WAC 388-155-320   Outdoor play area.   (1) The licensee must provide a safe and securely-fenced or department-approved, enclosed outdoor play area:

(a) Adjoining directly the indoor premises; or

(b) Reachable by a safe route and method; and

(c) Promoting the child's active play, physical development, and coordination; and

(d) Protecting the child from unsupervised exit with an enclosure at least forty-eight inches high; and

(e) Preventing child access to roadways and other dangers.

(2) The licensee must ensure the home's activity schedule affords the child sufficient daily time to participate actively in outdoor play.

(3) The licensee must provide a variety of age appropriate play equipment for climbing, pulling, pushing, riding, and balancing activities. The licensee must arrange, design, construct, and maintain equipment and ground cover to prevent the child's injury. The licensee's quantity of outdoor play equipment must offer the child a range of outdoor play options.

(([(4) Preschool children and younger must be in visual and auditory range when outside.

(5) School-age children must be in auditory range when outside.]))

(4) Preschool children and younger must be in visual and auditory range when outside.

(5) School-age children must be in auditory range when outside.

[Statutory Authority: RCW 74.15.030. 00-06-040, 388-155-320, filed 2/28/00, effective 3/30/00; 91-04-048 (Order 3136), 388-155-320, filed 2/1/91, effective 3/4/91.]

Washington State Code Reviser's Office