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July 7, 2022 Jay Elrico Alexander, Authorized Agent Southwood Early Childhood Family Development 700 Humboldt Ave N Minneapolis, MN 55411-3931 License Number: 1100902 (Child Care Ctr) Program Location: 4901 W 112th Street, Bloomington, MN 55437-3404 Dear Jay Elrico Alexander: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of the sole citation of the Correction Order issued to you by the Department of Human Services on July 23, 2021. SUMMARY OF CITATION AND RECONSIDERATION DETERMINATION: Citation 1. Sunscreen was not labeled with the child’s first and last name. Your Response. You stated that the license holder, Parents in Community Action (PICA), provides sunscreen for all of your students in individual travel size bottles with first name and last initial, and that you believe that this meets the labeling requirements of the rules governing child care centers. Applicable Law. All medicine must be kept in its original container and have a legible label stating the child's name. Minnesota Rules, part 9503.0140, subpart 7, item C. Reconsideration Determination. You requested reconsideration on the basis that the rule does not specifically state that the label include both the child’s first and last name. The applicable rule requires that the label has the child’s name. DHS has interpreted “name” in the applicable rule to mean the child’s first and last name – this reasonable interpretation ensures staff are clear as to which items belong to each child, even in circumstances where multiple children may have the same first name and last initial. In this case, the bottles were not labelled with the children’s first and last names. Therefore, there is sufficient evidence to support the citation. Disposition: The Commissioner has reviewed the relevant laws and all of the information you submitted in response to the Correction Order. The citation is supported by the record and is affirmed. This is a final agency decision. The Commissioner appreciates your response and encourages you to continue to work cooperatively with your licensor to ensure the safety and well-being of the children you serve. Sincerely,  Afsheen Foroozan, Attorney Legal Counsel’s Office, Office of Inspector General
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