WSR 17-05-070
[Filed February 13, 2017, 2:26 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-24-091.
Title of Rule and Other Identifying Information: Proposed new WAC 170-300-0291 Safe sleep practicesInfants and toddlers; and repealing WAC 170-295-4110 What are infant safe sleep practices? and 170-296A-7100 Infant safe sleep practices.
Hearing Location(s): Department of Early Learning (DEL), State Office, 110 Jefferson Street S.E., Room 130, Olympia, WA, on March 23, 2017, at 10:0 [10:00] a.m.
Date of Intended Adoption: March 24, 2017.
Submit Written Comments to: Rules Coordinator, DEL, P.O. Box 40970, Olympia, WA 98504-0970, email, fax (360) 725-4925, by March 23, 2017.
Assistance for Persons with Disabilities: Contact DEL rules coordinator by March 20, 2017, (360) 725-4670.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Proposed rule incorporates current health and safety standards for infants' and toddlers' safe sleep practices. The proposal also creates an aligned standard to replace separate rules that currently exist for family home and center child care providers.
Reasons Supporting Proposal: DEL believes the proposal is necessary to better protect infants and toddlers from risk of sleep-related incidents while in the care of early learning program providers. The proposal also complies with RCW 43.215.201, which directs DEL to develop rules that implement a single set of licensing standards for all child care. DEL believes that rules related to safe sleep standards are critical to the safety of children and need to be enacted before the rule making to align standards is expected to be completed.
Statutory Authority for Adoption: RCW 43.215.020, 43.215.060, 43.215.070, and 43.215.201.
Statute Being Implemented: RCW 43.215.201 and 43.215.205.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DEL, governmental.
Name of Agency Personnel Responsible for Drafting: Debbie O'Neil, 3918 West Court Street, Pasco, WA 99301, (509) 544-5706; 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 (5)[(a)](i). Further, DEL does not voluntarily make that section applicable to the adoption of this rule.
February 13, 2017
Ross Hunter
The following sections of the Washington Administrative Code are repealed:
WAC 170-295-4110
What are infant safe sleep practices?
The following section of the Washington Administrative Code is repealed:
WAC 170-296A-7100
Infant safe sleep practices.
WAC 170-300-0291 Safe sleep practicesInfants and toddlers.
(1) An early learning provider must follow safe sleep practices for napping or sleeping infants and toddlers by:
(a) Supervising an infant at least every fifteen minutes by being within sight and hearing range, including when an infant goes to sleep, is sleeping, or is waking up;
(b) Following the current standard of American Association of Pediatrics concerning safe sleep practices including SIDS/SUIDS risk reduction;
(c) Placing an infant to sleep on his or her back or following the current standard set by the American Association of Pediatrics. If an infant turns over while sleeping, the provider is not required to return the infant to his or her back;
(d) Not using a sleep positioning device unless directed to do so by an infant's health care provider. The directive must be in writing and kept in the infant's file;
(e) Sufficiently lighting the room in which an infant is sleeping to observe the infant's skin color;
(f) Monitoring an infant's breathing patterns;
(g) Allowing infants and toddlers to follow their own sleep patterns;
(h) Not allowing loose blankets, cloth diapers, stuffed toys, pillows, crib bumpers, and similar items in sleeping equipment;
(i) Not allowing a blanket or any other item to cover or drape over sleeping equipment;
(j) Not allowing a blanket, bedding, or clothing to cover any portion of an infant's head or face while asleep, and readjusting these items when necessary;
(k) Preventing infants from getting too warm while sleeping; and
(l) Not leaving infants and toddlers in sleeping equipment for more than fifteen minutes when happily awake, or more than three minutes when unhappily awake.
(i) An early learning provider who is unable to pick up an unhappy infant in three minutes must immediately respond verbally to the infant's cries and assure the infant that he or she will be given attention.
(ii) An early learning provider must pick up the unhappy infant within five minutes of the verbal response.
(2) An early learning provider who receives notice of a safe sleep violation must:
(a) Post the notice in the licensed space for two weeks or until the violation is corrected, whichever is longer; and
(b) Within five working days of receiving notice of the violation, provide all parents and guardians of enrolled children with:
(i) A letter describing the safe sleep violation; and
(ii) Written information on safe sleep practices for infants.