List of children’s products to be furnished to all child-care facilities by department — disposal of unsafe products — inspections by department — rulemaking authority. — 1. The department of health and senior services shall, on or before July 1, 2003, and quarterly thereafter, provide all child-care facilities licensed pursuant to this chapter with a comprehensive list of children’s products that have been identified by the Consumer Product Safety Commission as unsafe.
2. Upon notification, a child-care facility shall inspect its premises and immediately dispose of any unsafe children’s products which are discovered. Such inspection shall be documented by signing and dating the department’s notification form in a space designated by the department. Signed and dated notification forms shall be maintained in the facility’s files for departmental inspection.
3. During regular inspections, the department shall document the facility’s maintenance of past signed and dated notification forms. If the department discovers an unsafe children’s product, the facility shall be instructed to immediately dispose of the product. If a facility fails to dispose of a product after being given notice that it is unsafe, it shall be considered a violation under the inspection.
4. The department may promulgate rules for the implementation of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2002, shall be invalid and void.
(L. 2002 S.B. 923, et al.)