Texas Register, Volume 41, Number 52, Pages 10019-10486, December 23, 2016 Page: 10,097
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for consideration in the review. These comments, along with a
line-by-line review of all minimum standards conducted by both
regional and State Office Licensing staff, formed the basis of
the first round of recommendations.
In response to the comments received, DFPS is recommend-
ing amending/repealing/adding over 165 minimum standards in
Chapter 747. In addition to responding to comments, three other
primary goals of this comprehensive review were to: (1) make
the language of the rules consistent throughout this chapter and
consistent with the language of sister rules in Chapters 744 and
746, as much as possible; (2) delete minimum standards or por-
tions of minimum standards that are duplicative or redundant or
not necessary; and (3) combine minimum standards when ap-
propriate. The last two goals resulted in the net deletion of ap-
proximately 25 minimum standards. Below is a broad overview
of some of the different areas and types of changes that DFPS
is recommending:
(1) Repealing, adding, moving, and modifying definitions. One
example is the repeal of 747.3205 and 747.3207 which de-
fined "sanitizing" and "disinfecting solution" and combining, mod-
ifying, and updating these definitions into one definition for "san-
itize" and adding it to the new 747.123(41);
(2) Reorganizing Subchapter A by creating three new Divisions:
Purpose, Scope, and Definitions. The focus of the reorganiza-
tion is to provide better clarity and continuity;
(3) Updating or deleting outdated rules or language in the
rules, including: (a) Deleting outdated grandfather clauses
( 747.4015, 747.4107, and 747.4311) and outdated wording
("coin operated pay phone" at 747.4307); (b) Updating the
immunization minimum standards to be consistent with the
current Department of State Health Services rules ( 747.613,
747.615, 747.617, 747.619, 747.621 and 747.623); and (c)
Deleting the use of rectal thermometers and allowing the use of
tympanic (ear) thermometers ( 747.3401);
(4) Clarifying confusing concepts by: (a) Modifying the rules re-
garding the safety requirements for cribs, including adding a new
rule specifying the safety requirements for "play yards" - which
includes mesh cribs ( 747.2309 and 747.2311); (b) Adding a
new rule that a sick child may return to care when the child is free
of symptoms for 24 hours or there is a written doctor's statement
that the child no longer has an excludable condition ( 747.3406);
and (c) Deleting the term "critical illness/injury" and replacing it
with the actual meaning - an illness or injury that requires the
immediate attention of a health-care professional ( 747.3407);
(5) Strengthening the minimum standards when it is necessary
for the safety of children, for example: (a) Adding required oper-
ational policies for safe sleep for infants 12 months and younger
( 747.501); (b) Not allowing infants to sleep in restrictive devices
( 747.2326); and (c) Banning the use of e-cigarettes and any
type of vapors ( 747.3503); and
(6) Allowing more discretion by providers while still ensuring
the safety of children, for example: (A) Allowing first aid (but
not CPR) to be obtained through self-instructional training
( 747.1313); (B) Only requiring cribs for non-walking infants less
than 12 months of age ( 747.2305); and (C) Further allowing
the use of hand sanitizers ( 747.3216).
None of the changes are anticipated to be controversial or high-
profile. However, with the high number of rule changes noted
in this agenda item, there may be comments that are not antici-
pated. CCL will respond to the comments accordingly.The recommended changes to Chapter 747 (and the recom-
mended changes to Chapters 744 and 746) were presented to
a temporary workgroup. The temporary workgroup was com-
prised of approximately 15 participants, including providers from
child-care centers, a provider from a school-age and before- and
after-school program, a parent, representatives from Licensing,
and a representative from the Texas Workforce Commission.
The workgroup had an introductory meeting on March 22, 2016,
and subsequently met twice on April 5, 2016 and May 16, 2016
to review and provide comments regarding the recommended
changes. Several child-care home providers were invited to the
workgroup, but none of those providers were able to attend these
meetings.
SECTION-BY-SECTION SUMMARY
Subchapter A is being renamed "Purpose, Scope, and Defini-
tions" for clarity and better continuity.
New Division 1 is being added for clarity and better continuity.
The only rule in this Division is current 747.101.
Section 747.103 is being repealed and the content, regarding
pronouns, is being incorporated verbatim into new 747.121.
Section 747.105 is being repealed and the content, regarding
definitions, is being incorporated into new 747.123. Many sub-
stantive changes are being made to the content, including the
deletion, addition, and modification of definitions.
Section 747.107 is being repealed and the content, regarding
the types of operations the minimum standards in this chapter
apply to, is being incorporated into new 747.111. However:
(1) the family home language is being deleted, because these
homes are now all registered; and (2) the exception information
regarding licensed child-care homes that don't have to be in the
primary caregiver's own address is being deleted, because this
exception is being incorporated into new 747.115(b).
Section 747.109 is being repealed and the content, regarding
registered child-care homes, is being incorporated verbatim into
new 747.113.
Section 747.111 is being repealed and the content, regarding
licensed child-care homes, is being incorporated verbatim into
new 747.115.
Section 747.113 is being repealed and the content, regarding
who must comply with the minimum standards in this chapter,
is being incorporated with non-substantive changes into new
747.117.
New Division 2, Scope, is being added for clarity and better con-
tinuity.
New 747.111 includes portions of the content from 747.107,
which is being deleted, and adds language to clarify that the
minimum standards in this chapter also apply to any unlicensed
child-care home that requires a registration or a license per Hu-
man Resources Code (HRC), Chapter 42, because the home is
providing child-care services.
New 747.113 includes the content regarding a registered child-
care home from: (1) 747.109, which is being deleted; and (2) a
portion of the definition of child-care home to clarify that a regis-
tered child-care home includes the program, building, grounds,
furnishings, and equipment.
New 747.115 includes the content regarding a licensed
child-care home from: (1) 747.111, which is being deleted;
and (2) a portion of the definition of child-care home to clarifyPROPOSED RULES December 23, 2016 41 TexReg 10097
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Texas. Secretary of State. Texas Register, Volume 41, Number 52, Pages 10019-10486, December 23, 2016, periodical, December 23, 2016; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth835937/m1/79/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.