Or. Admin. R. 414-205-0100 - Health

(1) All caregivers shall take appropriate precautions to prevent shaken baby syndrome and abusive head trauma.
(2) The home must be a healthy environment for children.
(a) No person shall smoke or carry any lighted smoking instrument, including an e-cigarette or vaporizer in the family child care home or within ten feet of any entrance, exit, or window that opens or any ventilation intake that serves an enclosed area, during child care hours or when child care children are present. No person shall use smokeless tobacco in the family child care home during child care hours or when child care children are present. No person shall smoke, carry any lighted smoking instrument, including an e-cigarette, or vaporizer or use smokeless tobacco in motor vehicles while child care children are passengers.
(b) No one shall consume alcohol on the family child care home premises during child care hours or when child care children are present. No one shall be under the influence of alcohol on the family child care home premises during child care hours or when child care children are present.
(c) Notwithstanding OAR 414-205-0000(5), no one shall possess, use or store illegal controlled substances on the family child care home premises. No one shall be under the influence of illegal controlled substances on the family child care home premises.
(d) Notwithstanding OAR 414-205-0000(5), no one shall grow or distribute marijuana on the premises of the registered family child care home. No adults shall use marijuana on the registered family child care home premises during child care hours or when child care children are present.
(e) No adult under the influence of marijuana shall have contact with child care children.
(f) Notwithstanding OAR 414-205-0000(5), marijuana plants shall not be grown or kept on the registered family child care home premises.
(g) All medical marijuana must be kept in its original container if purchased from a dispensary and stored under child safety lock. All medical marijuana derivatives and associated paraphernalia must be stored under child safety lock.
(h) Effective July 1, 2015, all marijuana, marijuana derivatives and associated paraphernalia must be stored under child safety lock.
(i) There must be at least one flush toilet and one hand-washing sink available to children. Steps or blocks must be available to ensure children can use the toilet and sink without assistance. Drinking water for preparing food, infant formula, drinking or cooking shall not be obtained from bathroom sinks or diaper changing sinks.
(j) The room temperature must be at least 68°F during the hours the child care business is conducted.
(k) Rooms occupied by children must have a combination of natural and artificial lighting.
(l) Floors must be free of splinters, large unsealed cracks, sliding rugs and other hazards.
(3) First aid supplies and a chart or handbook of first aid instructions shall be maintained in one identified place and kept out of reach of children.
(a) The first aid supplies shall include: band aids, adhesive tape, sterile gauze pads, soap or sealed antiseptic towelettes or solution to be used as a wound cleaning agent, scissors, disposable plastic gloves for handling blood spills, a solution for disinfecting after a blood spill, a sanitary temperature taking device and CPR mouth guards.
(b) A first aid kit and a copy of each child's emergency medical information including a medical release form shall be taken any time the caregiver is transporting child care children or taking child care children on field trips.
(4) Infants must be laid on their backs on a flat surface for sleeping.
(5) Illness:
(a) A provider shall not admit or retain in care, except with the written approval of the local health office, a child who:
(A) Is diagnosed as having or being a carrier of a child care restrictable disease, as defined in Oregon Health Authority administrative rule; or
(B) Has one of the following symptoms or combination of symptoms or illness;
(i) Fever over 100°F, taken under the arm;
(ii) Diarrhea (more than one abnormally loose, runny, watery or bloody stool);
(iii) Vomiting;
(iv) Nausea;
(v) Severe cough;
(vi) Unusual yellow color to skin or eyes;
(vii) Skin or eye lesions or rashes that are severe, weeping or pus-filled;
(viii) Stiff neck and headache with one or more of the symptoms listed above;
(ix) Difficulty breathing or abnormal wheezing;
(x) Complaints of severe pain.
(b) A child, who, after being admitted into child care, shows signs of illness, as defined in this rule, shall be separated from the other children, and the parent(s) notified and asked to remove the child from the provider's home as soon as possible.
(6) If a child has mild cold symptoms that do not impair his/her normal functioning, the child may remain in the provider's home and the parent(s) notified when they pick up their child.
(7) Parents must be notified if their child is exposed to an outbreak of a communicable disease.
(8) Prescription and non-prescription medication shall only be given to a child if the provider has written authorization from the parent, as required in OAR 414-205-0130(2)(b).
(9) Prescription and non-prescription medications must be properly labeled and stored.
(a) Non-prescription medications or topical substances must be labeled with the child's name.
(b) Prescription medications must be in the original container and labeled with the child's name, the name of the drug, dosage, directions for administering, and the physician's name.
(c) Medication requiring refrigeration must be kept in a separate, tightly covered container, marked "medication," in the refrigerator.
(10) Sunscreen is considered a non-prescription medication and may be used for child care children under the following conditions:
(a) Providers must obtain written parental authorization prior to using sunscreen.
(b) One container of sunscreen may be used for child care children unless a parent supplies an individual container for their child. The sunscreen shall be applied in a manner that prevents contaminating the container.
(A) Parents must be informed of the type of product and the sun protective factor (SPF).
(B) Parents must be given the opportunity to inspect the product and active ingredients.
(c) If sunscreen is supplied for an individual child care child, the sunscreen must be labeled with the child's first and last name and must be used for only that child.
(d) Providers must reapply sunscreen every two hours while the child care children are exposed to the sun.
(e) Providers shall use a sunscreen with an SPF of 15 or higher and must be labeled as "Broad Spectrum".
(f) Providers shall not use aerosol sunscreens on child care children.
(g) Sunscreen shall not be used on child care children younger than six months.
(h) Child care children over six years of age may apply sunscreen to themselves under the direct supervision of the provider or staff member.
(11) Parents must be informed daily of any medications given to their child or any injuries their child has had.
(12) A written care plan must be developed at the time of enrollment, or when an allergy is identified for each enrolled child who has an allergy that poses a threat to the child's health, safety, and well-being. The plan must include instructions regarding the allergen and steps to be taken to avoid the allergen; signs and symptoms of an allergic reaction; and a detailed treatment plan including the names, doses, and methods of prompt administration of any medication in response to allergic reactions.
(a) The parent must be notified immediately of any suspected allergic reactions or if the child consumed or came in contact with the allergen, even if a reaction did not occur.
(b) If epinephrine is administered, emergency medical services must be contacted immediately, and Office of Child Care must be notified within five calendar days of the occurrence.
(c) All staff involved in care of the child must be trained on the written care plan.
(d) Specific food allergies must be shared with all staff that prepare and serve food.
(e) A list of each child's allergies should be easily acessible for staff but not visible to those who are not parents or guardians of the enrolled child.
(13) The provider must provide or ensure the availability of meals and snacks appropriate for the ages and needs of the children served.
(a) Meals and snacks must be based on the guidelines of the USDA Child Care Food Program.
(b) Foods must be stored and maintained at the proper temperature.
(c) Foods must be prepared and served according to the minimum standards for food handler certification.
(d) Infants must be held or sitting up for bottle feeding. Propping bottles is prohibited.
(e) Children shall not be laid down with a bottle for sleeping.
(14) Children who cannot feed themselves shall be held or, if able to sit alone, fed in an upright position.
(a) Infants up to six months of age shall be held or sitting up in a caregiver's lap for bottle feeding;
(b) Bottles shall never be propped. The child or a caregiver shall hold the bottle.
(c) Infants no longer being held for feeding shall be fed in a manner that provides safety and comfort.
(15) Children of any age shall not be laid down with a bottle.
(16) Any animal at the family child care home shall be in good health and be a friendly companion for the children in care.
(a) Potentially aggressive animals must not be in the same physical space as the children.
(b) Dogs and cats must be vaccinated according to a licensed veterinarian's recommendations.
(c) Dogs and cats shall be kept free of fleas, ticks and worms.
(17) Animal litter boxes shall not be located in areas accessible to children or areas used for food storage or preparation.
(18) Caregivers must be physically present when children are interacting with animals.
(19) Exotic animals, including, but not limited to: reptiles (e.g. lizards, turtles, snakes) amphibians, monkeys, hook-beaked birds, baby chicks and ferrets are prohibited unless they are housed in and remain in a tank or other container which precludes any direct contact by children. Educational programs that include prohibited animals and are run by zoos, museums and other professional animal handlers are permitted.
(20) Parents must be made aware of the presence of any animals on the premises.


Or. Admin. R. 414-205-0100
CCD 1-2000, f. 3-31-00, cert. ef. 4-2-00; CCD 1-2008(Temp), f. & cert. ef. 8-6-08 thru 2-2-09; CCD 3-2008, f. & cert. ef. 10-2-08; CCD 2-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10; Administrative correction 7-27-10; CCD 7-2010, f. 12-29-10, cert. ef. 1-1-11; CCD 1-2012(Temp), f. & cert. ef. 6-12-12 thru 11-6-12; CCD 2-2012, f. 9-28-12, cert. ef. 10-10-12; ELD 9-2014(Temp), f. & cert. ef. 8-7-14 thru 2-3-15; ELD 4-2015, f. & cert. ef. 2/3/2015; ELD 5-2016, f. & cert. ef. 9-29-16 thru 3-27-17; ELD 5-2017, f. & cert. ef. 3/27/2017; ELD 4-2018, amend filed 03/06/2018, effective 9/30/2018; ELD 12-2018, amend filed 10/16/2018, effective 10/16/2018; ELD 39-2018, minor correction filed 11/29/2018, effective 11/29/2018; ELD 41-2018, temporary amend filed 11/30/2018, effective 11/30/2018 through 05/28/2019 ELD 8-2019, amend filed 03/28/2019, effective 3/28/2019; ELD 3-2022, amend filed 03/30/2022, effective 3/30/2022

Statutory/Other Authority: ORS 329A.260

Statutes/Other Implemented: ORS 329A

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