WSR 13-17-067
[Filed August 16, 2013, 9:05 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-14-025.
Title of Rule and Other Identifying Information: Chapter 170-296A WAC, revising rules on communicable disease to align with recent department of health (DOH) changes to chapter 246-110 WAC.
Hearing Location(s): Department of Early Learning (DEL), State Office, 1110 Jefferson Street S.E., Olympia, WA 98501, on September 26, 2013, at 12 p.m.
Date of Intended Adoption: Not earlier than September 26, 2013.
Submit Written Comments to: Rules Coordinator, DEL, P.O. Box 40970, Olympia, WA 98504-0970, e-mail, fax (360) 586-0533, by September 26, 2013.
Assistance for Persons with Disabilities: Contact DEL rules coordinator by September 19, 2013, (360) 407-1962.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To align chapter 170-296A WAC with DOH changes to chapter 246-110 WAC by replacing references to "communicable disease" and replacing them with "contagious disease" and revising DEL's definition of "communicable disease" to refer to WAC 246-110-010.
Reasons Supporting Proposal: Rule making is necessary for the preservation of public health because DOH has amended its definition of communicable disease to eliminate diseases and add new ones, and to substitute the term "contagious" for "communicable." Alignment of DEL's licensing rules with these changes is necessary in order to ensure that providers know what diseases are identified concerns based on the latest science, and to ensure they have clarity regarding terminology.
Statutory Authority for Adoption: RCW 43.215.060, 43.215.070, chapter 43.215 RCW.
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 Administration, 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.
August 16, 2013
Elizabeth M. Hyde
AMENDATORY SECTION (Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
WAC 170-296A-2250 Reporting incidents to a child's parent or guardian and the department.
The licensee must report to a child's parent or guardian and the department:
(1) Immediately:
(a) Any incident reported under WAC 170-296A-2200, after calling 911;
(b) Any incident reported under WAC 170-296A-2225, after calling 911 and Washington poison center;
(c) A child's demonstrated acts, gestures or behaviors that may cause serious intentional harm to self, others or property; or
(d) Use of physical restraint with a child.
(2) Within twenty-four hours:
(a) Their child's injury or other health concern that does not require professional medical treatment (report to parent only);
(b) Change in child care staff, including serious illness or incapacity of the licensee that may impact child care staffing;
(c) Additions to the household of persons sixteen years old or older;
(d) Change in the licensee's phone number or e-mail; or
(e) Their child's exposure to a ((communicable)) contagious disease from the list in WAC ((170-296A-3210)) 246-110-010; and
(3) The licensee's plans to move, as soon as the licensee plans to move. See WAC 170-296A-1475.
AMENDATORY SECTION (Amending WSR 12-21-050, filed 10/12/12, effective 11/12/12)
WAC 170-296A-3200 Health plan.
The licensee must have a written health plan. The health plan must include:
(1) ((Communicable)) Contagious disease procedures and exclusion of ill persons under WAC 170-296A-3210;
(2) Immunization tracking under WAC 170-296A-3250 through 170-296A-3300;
(3) Medication management under WAC 170-296A-3315 through 170-296A-3550;
(4) Injury treatment under WAC 170-296A-3575 through 170-296A-3600;
(5) Handwashing and hand sanitizers under WAC 170-296A-3625 through 170-296A-3675;
(6) Caring for children with special health needs under WAC 170-296A-0050;
(7) Cleaning, sanitizing, and disinfecting procedures;
(8) A bloodborne pathogens plan under WAC 170-296A-1850; and
(9) Notifying the health department when a licensee, staff person, volunteer, household member, or child in care is diagnosed with a notifiable condition as required under WAC 170-296A-2325.
AMENDATORY SECTION (Amending WSR 12-21-050, filed 10/12/12, effective 11/12/12)
WAC 170-296A-3210 ((Communicable)) Contagious disease procedure.
(1) When the licensee becomes aware that he or she, a household member, staff person or child in care has been diagnosed with any of the ((following communicable diseases:
Also known as:
Pink eye
E. coli infection
Hepatitis A virus
Invasive haemophilus influenza disease (except otitis media)
Meningitis (bacterial)
Meningococcal meningitis
Whooping cough
German measles
Salmonella or "food poisoning"
Tuberculosis (active)
(1))) contagious diseases described in WAC 246-110-010, the licensee must, within twenty-four hours notify:
(a) The local health jurisdiction or DOH, except notice is not required for a diagnosis of chickenpox or conjunctivitis;
(b) The department; and
(c) Parents or guardians of each of the children in care.
(2) The licensee must follow the health plan before providing care or before readmitting the household member, staff person or child into the child care.
(3) The licensee's health plan must include provisions for excluding or separating a child, staff person, or household member with ((communicable)) contagious disease as described in ((subsection (1) of this section)) WAC 246-110-010 or any of the following:
(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;
(d) Rash not associated with heat, diapering, or an allergic reaction; or
(e) Drainage of thick mucus or pus from the eye.
AMENDATORY SECTION (Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
WAC 170-296A-4850 Pet/animal health and safety.
Pets or other animals that have contact with children must:
(1) Have current immunizations for ((communicable)) contagious diseases if applicable;
(2) Show no signs of disease, worms or parasites; and
(3) Be nonaggressive.