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Minnesota Legislature

Office of the Revisor of Statutes

9502.0435 SANITATION AND HEALTH.

Subpart 1.

Sanitation and cleanliness.

The residence must be free from accumulations of dirt, rubbish, or peeling paint.

Subp. 2.

Pest control.

Effective measures must be taken to protect the home against vermin and insects. Chemicals for insect and rodent control must not be applied in areas accessible to children when children are present.

Subp. 3.

Rubbish.

Indoor and outdoor garbage and rubbish containers must not be accessible to infants and toddlers.

Subp. 4.

Toxic substances.

All medicines, chemicals, detergents, poisonous plants, alcoholic beverages, and other toxic substances must be inaccessible to children. They must be stored away from food products. Equipment or toys which are mouthed or may be chewed must be free of lead-based paint. Toys and equipment with chipped, cracked, or peeling paint must be tested to verify the absence of lead or be replaced.

Subp. 5.

Firearms.

All firearms must be unloaded and inaccessible to children. Ammunition and firearms must be stored in separate locked areas.

Subp. 6.

Hazardous activity materials.

Knives, matches, plastic bags, and other potential hazards must be kept out of the reach of infants, toddlers, and preschoolers. The use of potentially hazardous materials and tools must be supervised.

Subp. 7.

First aid kit.

The provider shall have a first aid kit that contains bandages, sterile compresses, scissors, an ice bag or cold pack, an oral or surface thermometer, mild liquid soap, and adhesive tape. A first aid manual must be included. The kit and manual must be accessible and taken on field trips.

Subp. 8.

Emergencies.

The provider shall be prepared for emergencies.

A.

An operable telephone must be located within the residence.

B.

Emergency phone numbers must be posted by the telephone. The numbers must be those of the local fire department, police department, emergency transportation, and poison control center.

C.

The emergency phone numbers of the parents and child's physician and dentist must be readily available within the residence and taken on field trips.

D.

Prior arrangements must be made for a substitute to provide care during emergencies.

E.

For severe storms and tornadoes, the provider shall have a designated area within the residence that children shall go to for cover, and an operable battery flashlight, and portable radio or TV available.

F.

The provider shall have a written fire escape plan and a log of monthly fire and storm drills on file in the residence. The plan must be approved by the agency and specify:

(1)

emergency phone numbers;

(2)

a place to meet outdoors for roll call;

(3)

smoke detector and fire extinguisher locations;

(4)

plans for monthly fire and tornado drill sessions; and

(5)

escape routes to the outside from all levels used by children. In buildings with three or more dwelling units, enclosed exit stairs must be indicated.

Subp. 9.

Transportation of children.

When transportation is given to children in a motor vehicle other than a bus or school bus operated by a common carrier, the following provisions for their safety must be made.

A.

A child may be transported only if the child is fastened in a safety seat, seat belt, or harness appropriate to the child's weight and the restraint is installed and used in accordance with the manufacturer's instructions.

B.

A child under the age of four may be transported only if the child is securely fastened in a child passenger restraint system which meets the federal motor vehicle safety standards contained in Code of Federal Regulations, title 49, section 571.213 or its successor.

C.

Any vehicle operated by the provider for the transportation of children must be licensed in accordance with the laws of the state and the driver shall hold a current, valid driver's license.

D.

Written permission to transport children must be obtained from parents.

E.

No child is permitted to remain unattended in any vehicle.

Subp. 10.

Separation of personal articles.

Separate towels, wash cloths, drinking cups, combs, and other personal articles must be used for each child.

Subp. 11.

Bedding.

Clean, separate bedding must be provided for each child in care.

Subp. 12.

Pets.

All pets housed within the residence shall be maintained in good health and limited to dogs, cats, fish, guinea pigs, gerbils, rabbits, hamsters, rats, mice, and birds if the birds are clear of chlamydia psittaci. The provider shall ensure that:

A.

parents are notified prior to admission of the presence of pets in the residence;

B.

children handle animals only with supervision;

C.

rabies shots and tags are current for all dogs and cats;

D.

pet cages are located and cleaned away from any food preparation, storage, or serving areas;

E.

play areas are free of animal excrement not confined to pet cages;

F.

parents of a child whose skin is broken by an animal bite or scratch, are notified of the injury on the day the injury occurs; and

G.

the agent of a community health board as authorized under Minnesota Statutes, section 145A.04 is immediately notified whenever a child in care is bitten by an animal, the notification shall be given before any steps are taken to destroy the animal, and the provider shall take reasonable steps to confine the animal.

Subp. 13.

Diapers.

Children in diapers shall be kept clean and dry. The following sanitary procedures must be used to reduce the spread of communicable disease.

A.

An adequate supply of clean diapers must be available for each child and stored in a clean place inaccessible to children. If cloth diapers are used, parents must provide a change of the outer plastic pants for each fecally soiled diaper change. Cloth diapers, except those supplied by a commercial diaper service, and plastic pants, if supplied by parents, must be labeled with the child's name.

B.

Diapers and clothing must be changed when wet or soiled.

C.

For disposable diapers, a covered diaper disposal container must be located in the diaper changing area and lined with a disposable plastic bag. The container must be emptied when full, and at least daily.

D.

Diapering must not take place in a food preparation area. The diaper changing area must be covered with a smooth, nonabsorbent surface. If the surface is not disposable and is wet or soiled, it must be washed with soap and water to remove debris and then disinfected with a solution of at least two teaspoons of chlorine bleach to one quart of water. If the surface is not soiled with feces or urine, then it must be disinfected with the solution of chlorine bleach and water after each diapering.

E.

Single service disposable wipes or freshly laundered cloths must be used for washing a soiled child. A child who has soiled or wet must be washed with a disposable wipe or a freshly laundered cloth before rediapering.

F.

Cloth diapers, except those supplied by a commercial diaper service, plastic pants, and soiled clothing must be placed in the plastic bag after removal and sent home with the parent daily.

Subp. 14.

Toilet training chairs.

Toilet training chairs, chairs, stools, and seats must be washed with soap and water when soiled, and at least daily.

Subp. 15.

Hand washing.

A child's hands must be washed with soap and water when soiled, after the use of a toilet or toilet training chair, and before eating a meal or snack. The provider shall monitor and assist the child who needs help.

A.

In sinks and tubs accessible to children, the water temperature must not exceed 120 degrees Fahrenheit to prevent children from scalding themselves while washing.

B.

Caregivers shall wash their hands with soap and water after each diaper change, after assisting a child on the toilet, after washing the diapering surface, and before food preparation. Hands must be dried on a single use towel.

Subp. 16.

Care of ill children, medicine administration.

The following provisions must be followed for the care of ill children and the administration of medicine.

A.

The provider shall notify the parent immediately when a child in care develops any of the following symptoms:

(1)

underarm temperature of 100 degrees Fahrenheit or over, or an oral temperature of 101 degrees Fahrenheit or over;

(2)

vomiting;

(3)

diarrhea; or

(4)

rash, other than mild diaper or heat-related rash.

B.

The provider shall follow written instructions from an authorized agent or the physician of an ill child placed in the provider's care if the child has any of the illnesses specified in item E.

C.

The provider shall require that a child's parent notify the provider within 24 hours of the diagnosis of a serious contagious illness or parasitic infestation listed in item E so the provider may notify the parents of other children in care.

D.

The provider shall inform a parent of each exposed child the same day the provider is notified a positive diagnosis has been made for any of the illnesses or parasitic infestations in item E.

E.

The provider shall notify the authorized agent or Minnesota Department of Health of any suspected case of reportable disease as specified in part 4605.7040. The agency shall provide the provider with a copy of part 4605.7040 at the time of initial licensure.

F.

The following govern the administration of medicine by the provider to children in care:

(1)

The provider shall obtain written permission from the child's parent prior to administering medicine, diapering products, sunscreen lotions, and insect repellents. Nonprescription medicines, diapering products, sunscreen lotions, and insect repellents must be administered according to the manufacturer's instructions unless there are written instructions for their use provided by a licensed physician or dentist.

(2)

The provider shall obtain and follow written instructions from a licensed physician or dentist prior to administering each prescription medicine. Medicine with the child's name and current prescription information on the label constitutes instructions.

Statutory Authority:

MS s 245A.09; 252.28

History:

9 SR 2106; 10 SR 2617; L 1987 c 309 s 24; 30 SR 1216; L 2015 c 21 art 1 s 109

Published Electronically:

August 1, 2017