West Virginia Code of State Rules
Agency 78 - Human Services
Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES
Series 78-01 - Child Care Center Licensing Requirements
Section 78-1-15 - Health
Universal Citation: 78 WV Code of State Rules 78-1-15
Current through Register Vol. XLI, No. 38, September 20, 2024
15.1. Child Immunization Records.
15.1.a. Upon
admittance, a center shall have on file a record of a child's immunizations or
a plan for completion signed by the child's licensed health care provider. For
children experiencing homelessness and children in foster care, a grace period
to complete the immunization will be based on the individual circumstances of
the child; and
15.1.b. Exemption
from immunization requirements shall be available for parents who provide a
signed statement from the child's licensed health care provider indicating that
immunization is contraindicated based on the child's medical
condition.
15.2. Child Health Assessment.
15.2.a. A center shall have
on file no later than 30 days after the admission, the child's health records,
including a record of a health assessment signed by the child's licensed health
care provider, that includes the following medical and developmental
information, and any special required instructions for the center:
15.2.a.1. The child's current height and
weight;
15.2.a.2. A description of
any allergy, current health problem or condition that may affect the child's
adaptation to care, including abnormal results of screening tests, for vision,
hearing, tuberculosis, or lead poisoning;
15.2.a.3. Prescribed daily medications and
any potential side effects;
15.2.a.4. The child's health history,
including, as applicable, information about a serious illness or significant
communicable disease, an injury that required medical attention or
hospitalization, a previous surgery, or a history of prematurity; and
15.2.a.5. A medical plan of care, if the
child has a chronic health condition that requires specific attention or has
the potential to become a medical emergency.
15.2.b. A center shall provide parents with a
West Virginia Health Check periodicity chart for child health exams and shall
ensure that a child's health assessment is updated with new or current
information at least every two years for the child under the age of six
years.
15.2.c. If a child is
between six weeks and three months of age, a center shall have on file a
statement signed by the child's licensed health care provider permitting the
child to enter group care.
15.3. Medical Treatment.
15.3.a. A center shall develop, implement,
and maintain health policies and procedures that include protocols to follow
when medical treatment is required by a child whose parent has on file a signed
statement objecting to treatment; and
15.3.b. When the child's parent objects to
medical treatment on the grounds that it conflicts with the convictions of his
or her religion or conscience, the center shall have on file a statement of the
objection to treatment signed by the child's parent.
15.4. Child Illness at the Center.
15.4.a. A center shall ensure that staff
members observe a child daily and watch for changes that my indicate injury,
infestation, or illness, and record any observed changes in the child's
file.
15.4.b. When staff members
observe changes in a child that may indicate illness or when a child is ill,
staff members shall:
15.4.b.1. Remove the
child to a designated quiet area to rest comfortably under
supervision;
15.4.b.2. Take the
child's temperature and record it in the child's file;
15.4.b.3. Use universal precautions, as
required; and
15.4.b.4. Contact the
child's parent or other individual authorized by the parent to assume
responsibility for the child.
15.4.c. When taking a child's temperature,
staff members shall not use a mercury thermometer or the rectal method for any
child.
15.4.d. A center shall
inform the parent and suggest that the parent consult a licensed health care
provider for a child who has a fever:
15.4.e. A center shall exclude a sick child
from the center:
15.4.e.1. Immediately when a
child has a serious communicable illness;
15.4.e.2. When the illness prevents a child
from participating in routine activities;
15.4.e.3. When a child's illness results in a
greater need for care than staff members can provide without compromising the
health and safety of the other children;
15.4.e.4. When a child appears to have any of
the following symptoms, unless a licensed health care provider determines that
they do not indicate a communicable disease:
15.4.e.4.A. Fever with stiff neck, lethargy,
irritability, or persistent crying;
15.4.e.4.B. Diarrhea in addition to signs of
dehydration, such as a decrease in urination as indicated by a reduction in the
number of wet diapers, no tears when crying or a decrease in activity, or blood
or mucus in the stool;
15.4.e.4.C.
Vomiting three or more times, or with signs of dehydration;
15.4.e.4.D. Undiagnosed rash that is
accompanied by a behavior change, difficulty in breathing or joint pain, or
that is characterized by open sores, blood, red, or purple pin-head spots, or
bruises not associated with an injury, or lasts more than one day;
15.4.e.4.E. Mouth sores with
drooling;
15.4.e.4.F. Infestation,
such as scabies or head lice;
15.4.e.4.G. Abdominal pain that is
persistent, or intermittent with other signs such as a fever;
15.4.e.4.H. Difficulty in breathing;
or
15.4.e.4.I. Lethargy such that
the child does not play.
15.4.e.5. When a child has any of the
following diagnosed conditions;
15.4.e.5.A.
Diarrhea and blood or mucus in the stool;
15.4.e.5.B. Contagious signs of pertussis,
measles, mumps, chicken pox, rubella, or diphtheria;
15.4.e.5.C. Streptococcal infection until
treated with antibiotics for 24 hours;
15.4.e.5.D. Pinkeye with yellow or white
discharge;
15.4.e.5.E. Untreated
tuberculosis; or
15.4.e.5.F. Other
conditions as determined by a licensed health care provider.
15.4.f. When excluding
a child to prevent transmission of illness or readmitting a child who has been
excluded, the center shall abide by the following guidelines:
15.4.f.1. During the course of an identified
outbreak of any communicable illness, the center shall exclude the child if a
licensed heath care provider determines that the child is contributing to the
transmission of the illness;
15.4.f.2. When a child has been diagnosed
with a vaccine-preventable communicable disease, a center shall exclude the
child who has not been immunized against the disease until a licensed health
care provider determines that a risk of disease transmission has
passed;
15.4.f.3. When a licensed
health care provider excludes a child because of a communicable illness, a
center shall readmit the child only after the child's parent provides a signed
statement from a licensed health care provider that the risk of transmission is
no longer present, and the child is well enough to participate in center
activities; and
15.4.f.4. After
receiving a signed statement from a licensed health care provider that the
child poses no health risk to the children at the center, the center may permit
the child to remain at the center.
15.4.g. Guidelines for handling reportable
diseases introduced in a center include that:
15.4.g.1. A center shall report to the local
health department the introduction of a diagnosed reportable disease as listed
in Appendix 78-1-B of this rule, including, chickenpox, diphtheria, giardia
lamblia, hepatitis A, mumps, meningitis, pertussis (whooping cough), rheumatic
fever, rubella (German measles), rubeola (measles), salmonella, shigella, and
tuberculosis;
15.4.g.2. A center
shall inform the parent of each child immediately of the presence of the
disease and the need to contact a licensed health care provider for further
information; and
15.4.g.3. A center
shall complete a serious occurrence report as required under this
rule.
15.4.h. Medication
Administration. With advice from a licensed health care provider, a center
shall develop, implement, and maintain health policies and procedures that
include the following procedures for the administration of medication:
15.4.h.1. A center shall only administer
medication with written permission from the child's parent, and with a
prescription or a written order from a licensed health care provider except as
provided for in paragraph 15.4.h.7.;
15.4.h.2. The center shall secure
instructions from the child's parent for each medication to be administered.
The center may not accept instructions that indicate to administer the
medication on an as needed basis unless the order is accompanied by a medical
treatment plan written by the child's licensed health care provider which
describes the as needed condition. All medication instruction must be legibly
written, signed by the parent, attached to the medication log, and shall
include:
15.4.h.2.A. The child's first and
last name;
15.4.h.2.B. The name of
the medication to be given;
15.4.h.2.C. The reason the medication is
being given; and
15.4.h.2.D.
Directions for the administration of the medication including the specific
dosage, specific frequency or time to be given, route to be given, and the time
of the last dosage administered by the parent.
15.4.h.3. A center may secure a parent's
written permission to apply sun screen supplied by the center provided the
center gives the parent information, in writing, about the product prior to its
application.
15.4.h.4. A center
shall store medication in its original packaging and shall place the medication
in a locked cabinet or container that is inaccessible to children and can be
opened only by key or combination. The container or cabinet shall be away from
food and refrigerated or unrefrigerated according to instructions on the
prescription, order, or label. Sunscreen, diaper ointment, and emergency
medication are exempt from being stored in a locked cabinet or container but
shall remain inaccessible to children.
15.4.h.4.A. Refrigerated medication shall be
in a container which cannot leak.
15.4.h.4.B. If the container used is plastic,
it shall be a hard-molded plastic container. Plastic bags are prohibited for
storage.
15.4.h.4.C. Medication for
staff shall be stored separately from children's medication.
15.4.h.5. A center shall ensure
that medication is only administered by designated qualified staff members who
have passed the approved training in medication administration.
15.4.h.6. A center shall ensure that
prescription medication is only administered when the prescriptive medicine
bottle or package has the original pharmacy label showing the prescription
number, name of the medication, date the prescription was filled, the licensed
health care provider's name, the child's first and last names, specific,
legible directions for administration and storage, and the expiration
date.
15.4.h.7. A center shall
ensure that non-prescription medication is only administered when the following
criteria are met:
15.4.h.7.A. The center
administers oral non-prescription medication for no more than three consecutive
days within a 30-day period without written instruction from a licensed health
care provider;
15.4.h.7.B. The
center applies non-prescription topical products (ointments, creams, or
lotions) for no more than five consecutive days within a 30-day period without
written instruction from a licensed health care provider. Sunscreens, diaper
ointments, or lip balms used for preventative purpose are excluded from this
requirement;
15.4.h.7.C. The
original non-prescriptive medicine bottle or package has a label with the
child's first and last names written by the parent, specific, legible
directions for administration including the appropriate dosage based on weight
or age, directions for storage, and verification that the medicine will not
expire during the time to be used;
15.4.h.7.D. Medication to reduce fever does
not contain aspirin or any product containing aspirin listed as an ingredient
such as sodium bicarbonate (Alka-Seltzer) or bismuth subsalicylate
(Pepto-Bismol);
15.4.h.7.E.
Medication for teething pain that contains benzocaine is not to be used without
instruction from the child's health care provider;
15.4.h.7.F. Any topical containing
diphenhydramine hydrochloride (Benadryl) shall not be applied without written
instruction from a licensed health care provider;
15.4.h.7.G. That the medication shall not be
administered in a manner inconsistent with the manufacturer's recommendations
without written instructions from the child's licensed health care
provider;
15.4.h.7.H. The center
shall ensure that a staff member assists as needed in the application of
sunscreen or lip balm for a child up to school age. The sunscreen shall be
applied in accordance with the product labeling guidelines; and
15.4.h.7.I. The center shall permit a school
age child to apply his or her own sun screen or lip balm under the direct
supervision of a staff member.
15.4.h.8. A center shall ensure that before
administering medication when the directions are not legible, the parent checks
with the child's licensed health care provider or, if applicable, the pharmacy
that filled the prescription;
15.4.h.9. When a child no longer needs the
medication or its expiration date passes, a center shall return the medication
to the parent, and document the date of its return. A center shall not
administer medication after its expiration date;
15.4.h.10. A center shall ensure that records
of medication administration are individual and kept:
15.4.h.10.A. In a medication log that is
cumulative; and
15.4.h.10.B.
Completed in ink by the staff member who administers the medication, and
includes the child's name, the name of the medication, the date and time of the
administration, the dosage and route of the medication, the child's reaction,
if any, and the name of the staff member who administered it.
15.4.h.10.C. Sunscreen and lip balm
application are not required to be logged.
15.4.h.11. A center shall ensure when a
documentation error is made that a single line is drawn through the error with
the staff person correcting the error initialing it.
15.4.h.12. A center shall ensure if and when
a medication error is made, the staff member who makes the error:
15.4.h.12.A. Informs the center director and
the parent of the child affected by the error;
15.4.h.12.B. Completes a serious occurrence
report as required under this rule; and
15.4.h.12.C. Observes the child for any
reaction to the error. If the child shows a reaction, contact 911, and in the
case of an overdose, contacts the poison control center. If 911 service is not
available to the area, then emergency services shall be contacted.
15.4.h.13. A center may permit a
child to self-administer his or her own medication under the following
circumstances:
15.4.h.13.A. With written
permission from the child's parent and licensed health care provider and in
accordance with procedures established in this rule, a child may
self-administer asthma medication, emergency allergy medication, or other
similar emergency medication;
15.4.h.13.B. With written permission from the
child's parent and licensed health care provider, the center may establish
procedures to permit the child, under supervision, to self-administer insulin
or other injected medication that the child requires; and
15.4.h.13.C. When the child self-administers
medication, qualified staff members shall keep a written record of the
administration in the medication log.
15.4.h.14. A center shall have a procedure
that requires medication logs be reviewed on a daily basis to ensure that
medicine is being properly administered and documented.
15.4.h.15. A center shall post the "Seven
Rights of Medication Administration" near to the storage of
medication.
15.5. Dental Health.
15.5.a. A center shall develop a dental
health plan that provides for staff training in oral health concepts and child
oral health education, appropriate to the age of the children at the
center.
15.5.b. Staff members shall
not give a child a bottle or a sipping cup of milk or juice as a
pacifier.
15.5.c. For a child of 25
months and over, a center shall ensure that the child:
15.5.c.1. Has a personally labeled toothbrush
with bristles in good condition that is stored in a sanitary manner so that it
does not touch another toothbrush and that its bristles are exposed to the air
to dry;
15.5.c.2. Does not share
his or her toothbrush with other children; and
15.5.c.3. Uses toothpaste that is dispensed
in a sanitary manner.
Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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