5101:2-14-05 Procedures for a licensed type B home provider operating under a provisional license.

 

 

 

PUBLIC HEARING NOTICE

OHIO DEPARTMENT OF JOB AND FAMILY SERVICES

 

DATE:           Thursday, January 3, 2008

TIME:            10:00 a.m.

LOCATION: Rm. 2925, Rhodes State Office Tower

30 East Broad St., Columbus, Ohio 43215

 

Pursuant to section 5104.011 and Chapter 119. of the Ohio Revised Code, the director of the Ohio Department of Job and Family Services gives notice of the department's intent to consider the amendment, rescission, and adoption of the rules as identified below and of a public hearing thereon.

 

Rule 5101:2-14-01 entitled "Definitions for certification of type B home providers and in- homes aides" has been amended to change the title, add definitions for certified nurse practitioner, advance practice nurse, physician, physician assistant and to clarify definitions.

 

Rule 5101:2-14-02 entitled "Application for professional certification as a type B home provider or in-home aide" has been amended to require the CDJFS to process complete certification applications within 120 days, update form revision dates and clarify language.

 

Rule 5101:2-14-03 entitled "Professional certification compliance inspection of type B home providers and in-home aides" has been amended to change the title, delete language for complaint investigations and update a form revision date.

 

Rule 5101:2-14-03.1 entitled "Complaint investigation of professional and limited type B home providers and in-home aides" is a new rule with the requirements for complaint investigations and notifying caretakers of complaints that may pose an immediate risk to their children. This rule replaces language in rule 5101:2-14-03 and 5101:2-14-57.

 

Rule 5101:2-14-04 entitled "Issuance and renewal of professional certification as a type B home provider or in-home aide" has been amended to add requirements that the CDJFS have the results of the BCII and PSCA record checks prior to certifying a provider, to allow only one certificate to be issued for an address and to clarify language. New PCSA record checks are required at recertification.

 

Rule 5101:2-14-05 entitled "Provider qualifications for professional certification as a type B home provider or in-home aide" has been amended to update form revision dates, add the requirement for the PCSA records check, and from having any other employment during the hours of child care and clarify existing language.

 

Rule 5101:2-14-06 entitled "Denial, revocation and withdrawal of professional certification as a type B home provider or in-home aide" has been amended to allow denial of an application or revocation of a certificate for delinquent child care copayments owed to a provider, for being unavailable for announced or unannounced inspections or if the results of the PCSA check indicate the provider may endanger the health or safety of children.  The

 

 

 

 

 

 

amended rule also extends to five years the restriction that a provider cannot reapply for certification after having certification revoked.

Rule 5101:2-14-07 entitled "Fire safety for professional certification as a type B home provider or in-home aide" has been amended to add a requirement that the provider's home have no exposed light bulbs and to prohibit certified child care above the second floor to increase the chance of safe evacuation in an emergency.

Rule 5101:2-14-08 entitled "Indoor space, programming and equipment for professional certification as a type B home provider or in-home aide" has been amended to clarify language on useable space and to require the posting of the daily program.

Rule 5101:2-14-11 entitled "Offenses prohibiting certification as a type B professional or limited home provider or in-home aide, or as an emergency or substitute caregiver" has been amended to delete unnecessary language regarding FBI checks and add language to allow rehabilitation standards to be applied to persons with certain felony convictions and require criminal record checks to be completed every four years

Rule 5101:2-14-13 entitled "Continuing education requirements for professional certification as a type B home provider or in-home aide" is being proposed for rescission.

Rule 5101:2-14-13 entitled "Training requirements for professional certification as a type B home provider or in-home aide" is a new rule which provides the training requirements for type B providers. Language from the rescinded rule with the same number has been incorporated in this rule and language has been added to specify the length of health and safety training and trainer qualifications.

Rule 5101:2-14-14 entitled "Emergency and substitute child care for professional certification as a type B home provider or in-home aide" has been amended to update form titles and revision dates and to list required documents for the file of an emergency/substitute caregiver.

Rule 5101:2-14-16 entitled "Group size for professional certification as a type B home provider or in-home aide" has been amended to clarify language.

Rule 5101:2-14-17 entitled "Outdoor play for professional certification as a type B home provider or in-home aide" has been amended to add new requirements for safety of outdoor play and to clarify language.

Rule 5101:2-14-18 entitled "Napping, sleeping, evening and overnight care for professional certification as a type B home provider or in-home aide" has been amended to add a requirement for lighted walkways and to allow the use of air mattresses.

Rule 5101:2-14-19 entitled "Safe and sanitary equipment and environment for professional certification as a type B home provider or in-home aide" has been amended to add items that must be kept from children, to add additional requirements when pets are on the property, to

add additional requirements for smoking, to specify handwashing requirements and to clarify existing language. Appendix A has been added showing cleaning and sanitizing requirements.

Rule 5101:2-14-20 entitled " Safety and supervision of children for professional certification as a type B home provider or in-home aide" has been amended to add language regarding supervision during water or swimming play, to require a land-line telephone and to clarify language.

Rule 5101:2-14-21 entitled "Transportation and field trip safety for professional certification as a type B home provider or in-home aide" has been amended to add requirements for items needed on trips away from the home, to restrict smoking in any vehicle when children are present, to disallow children under twelve years of age to sit in the front seat of the vehicle and to clarify language.

Rule 5101:2-14-22 entitled "Child guidance and management for professional certification as a type B home or in-home aide" has been amended list techniques that shall be used and to clarify language.

Rule 5101:2-14-24 entitled "Caretaker/provider responsibilities for professional certification as a type B home provider or in-home aide" has been amended to update a form revision date, add a rule citation, add a requirement for the provider to give a written receipt to the caretaker for all payments made and clarify language.

Rule 5101:2-14-26 entitled "Records requirements for professional certification as a type B home provider or in-home aide" has been amended to add a requirement that the JFS 01297 be sent with a child who is being transported, add a requirement that copies of the JFS 01297 be kept in a location that the provider can easily access in an emergency, add that a certified nurse practitioner or physician's assistant can signed the JFS 01932 and clarify language. The JFS 01932 is required every thirteen months for children not attending school.

Rule 5101:2-14-27 entitled "Care of children with special needs or health conditions for professional certification as a type B home provider or in-home aide" has been amended to add a required form and procedures for a medical or physical care plan.

Rule 5101:2-14-28 entitled "Medical and dental emergency plan for professional certification as a type B home provider or in-home aide" has been amended to delete language regarding emergency transportation, add a new form for medical and dental emergency plans and clarify language regarding the incident/injury report.

Rule 5101:2-14-29 entitled "First aid supplies and procedures for professional certification as a type B home provider or in-home aide" has been amended to add items required to be in the first aid box , to remove outdated supplies and to add several new basic precaution procedures.

Rule 5101:2-14-30 entitled "Management of communicable disease for professional certification as a type B home provider or in-home aide" has been amended to add a list of symptoms defining a sick child and clarify language regarding the care of a sick child.

Rule 5101:2-14-31 entitled "Administration of medication for professional certification as a type B home provider or in-home aide" has been amended to clarify the use of the revised JFS 01644 that documents the provider's administration of medication.

Rule 5101:2-14-32 entitled "Meal preparation/nutritional requirements for professional certification as a type B home provider or in-home aide" has been amended to specify when a child must be provided with meals and snacks, what nutritional requirements must be met by the meals and snacks and that a weekly menu must be posted.

Rule 5101:2-14-34 entitled "Infant Care for professional certification as a type B home provider or in-home aide is a new rule that contains infant care language deleted from rules 5101:2-14-08 and 5101:2-14-32. It requires that the caretakers of infants be provided with a brief, daily report and clarifies the preparation, storage and feeding of formula and breast milk.

Rule 5101:2-14-35 entitled "Diaper care for professional certification as a type B home provider or in-home aide has been amended to clarify the process to be used for diaper changes.

Rule 5101:2-14-36 entitled "Crib and playpen requirements for professional certification as a type B home provider or in-home aide has been amended to add a new form that is required for infants not sleeping on their backs and permits infants who are 16 months of age to sleep on cots.

Rule 5101:2-14-37 entitled "Swimming and water safety requirements for professional certification as a type B home provider or in-home aide has been amended to add requirements for swimming and water safety, including making swimming pools inaccessible and requiring written permission for infants and toddlers to use wading pools.

Rule 5101:2-14-40 entitled "Appeal review procedures for limited and professional certification as a type B home provider or in-home aide" has been amended to clarify language.

Rule 5101:2-14-55 entitled "Application and approval for limited certification as a type B home provider or in-home aide has been amended to update form titles and revision dates, add items that the CDJFS needs prior to the issuance of a certificate and clarify language.

Rule 5101:2-14-56 entitled "Issuance and renewal of a certificate for limited certification as a type B home provider or in-home aide" is a new rule with requirements for the certification of limited providers.

Rule 5101:2-14-57 entitled "Limited certification compliance inspection of type B home providers and in-home aides" has been amended to change the title, add the requirement that the provider allow access to all areas of the home during an inspection, to specify that the inspection for provisional certification take place within ten days after the issuance of the certificate, to add requirements for compliance by the provider and to delete language on investigations that has been moved to rule 5101:2-14-03.1.

Rule 5101:2-14-58 entitled "Limited certification provider qualifications and responsibilities as a type B home provider or in-home aide" has been amended to change the title, add requirements for the physical exam of the provider, add responsibilities to assure the safety of children, add the requirement for use of the JFS 01297, the JFS 01932 and the JFS 01299 and clarify language.

5101:2-14-60 entitled "Denial, revocation and withdrawal of limited certification as a type B home provider or in-home aide" has been amended to change the title, add language regarding the requirements for denial and revocation, and clarify language.

5101:2-14-61 entitled "County department of job and family services (CDJFS) certification responsibilities for certified type B home providers and in-home aides" has been amended to change the title, update form titles and revision dates and clarify language.

5101:2-14-62 entitled "Confidentiality involving a professional or limited certified home provider or in-home aide" has been amended to change the title and add the requirement for the PCSA records check results to be made available to the subject of the records check.

A copy of the proposed rules is available, without charge, to any person affected by the rules at the address listed below.  The rules are also available on the internet at http://www.registerofohio.state.oh.us/. A public hearing on the proposed rules will be held at the date, time, and location listed at the top of this notice.  Either written or oral testimony will be taken at the public hearing. Additionally, written comments submitted or postmarked no later than the date of the public hearing will be treated as testimony.

Requests for a copy of the proposed rules or comments on the rules should be submitted by mail to the Ohio Department of Job and Family Services, Office of Legal Services, 30 East Broad Street, 31st Floor, Columbus, Ohio 43215, by fax at (614)

752-8298, or by e-mail at [e-mail].