Bill Text: CA AB2042 | 2021-2022 | Regular Session | Enrolled
Bill Title: Child daycare facilities: anaphylactic policy.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2022-09-29 - Vetoed by Governor. [AB2042 Detail]
Download: California-2021-AB2042-Enrolled.html
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Enrolled
August 29, 2022 |
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Passed
IN
Senate
August 23, 2022 |
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Passed
IN
Assembly
August 25, 2022 |
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Amended
IN
Senate
August 11, 2022 |
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Amended
IN
Senate
June 16, 2022 |
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Amended
IN
Assembly
May 19, 2022 |
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Amended
IN
Assembly
May 03, 2022 |
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Amended
IN
Assembly
March 28, 2022 |
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Amended
IN
Assembly
March 17, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2042
| Introduced by Assembly Member Villapudua (Coauthors: Assembly Members Mathis, Luz Rivas, and Gallagher) |
February 14, 2022 |
An act to add Section 1596.7985 to the Health and Safety Code, relating to child daycare facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 2042, Villapudua.
Child daycare facilities: anaphylactic policy.
Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child daycare facilities by the State Department of Social Services. Under the act, “child daycare facility” is defined to mean a facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. For purposes of the act, a child daycare facility includes a daycare center, an employer-sponsored childcare center, and a family daycare home. Under existing law, a violation of the act is a crime.
This bill would require the State Department of Social Services, in consultation with the State Department of Education, on or before July 1, 2024, to establish an
anaphylactic policy that sets forth guidelines and procedures recommended for child daycare personnel to prevent a child from suffering from anaphylaxis and to be used during a medical emergency resulting from anaphylaxis. The bill would require the policy to be developed in consultation with specified individuals, including pediatric physicians and other health care providers with expertise in treating children with anaphylaxis. The bill would require the policy to include specified components, including a procedure and treatment plan for child daycare personnel responding to a child suffering from anaphylaxis and a training course for child daycare personnel for preventing, recognizing the symptoms of, and responding to anaphylaxis. The bill would require an anaphylactic policy for family childcare providers to be developed in consultation and coordination with the Joint Labor Management Committee established by the state and Child Care Providers United - California (CCPU) pursuant to a specified agreement
between the state and CCPU. The bill would require training on the anaphylactic policy to be provided by the department’s Community Care Licensing Division in consultation with CCPU pursuant to that agreement, and any extension or renewal of that agreement, for all family childcare providers who wish to participate.
This bill would exempt child daycare personnel who provide, administer, or assist in the administration of epinephrine in compliance with the anaphylactic policy, as specified, from liability in a civil action or from criminal prosecution for the person’s acts or omissions in administering the epinephrine. Under the bill, these exemptions would not apply in the case of gross negligence or willful or wanton misconduct. The bill would require the State Department of Social Services to create informational materials detailing the anaphylactic policy
and would require the State Department of Social Services and the State Department of Education, on or before September 1, 2024, to post the informational materials on each of the departments’ internet websites. The bill would authorize a child daycare facility to implement the anaphylactic policy on or before January 1, 2025, and would, on and after January 1, 2025, require a child daycare facility that adopts the anaphylactic policy to notify the parent or guardian of a child of the policy upon enrollment.
Because a willful or repeated violation of the bill by a child daycare facility would be a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1596.7985 is added to the Health and Safety Code, immediately following Section 1596.798, to read:1596.7985.
(a) (1) On or before July 1, 2024, the department, in consultation with the State Department of Education, shall establish an anaphylactic policy that sets forth guidelines and procedures recommended for child daycare personnel to prevent a child from suffering from anaphylaxis and to be used during a medical emergency resulting from anaphylaxis.(2) The policy shall be developed in consultation with representatives from all of the following:
(A) Pediatric physicians and other health care providers with expertise in treating children with anaphylaxis.
(B) Parents of children with life-threatening allergies.
(C) Child daycare administrators and personnel, including local educational agency employees employed in childcare programs, and the labor organizations representing those employees.
(D) Not-for-profit corporations that represent allergic individuals at risk for anaphylaxis.
(3) In developing the policy, the department shall consider existing requirements and current and best practices for child daycare providers on allergies and anaphylaxis. The department shall also consider any voluntary guidelines issued by the United States Department of Health and Human Services for managing food allergies in child daycare facilities.
(4) An anaphylactic policy for family childcare providers shall be developed in consultation and coordination with the Joint Labor Management Committee established by the state and Child Care Providers United - California (CCPU) pursuant to the agreement effective July 26, 2021, to July 1, 2023, between the state and CCPU. Training on the anaphylactic policy shall be provided by the department’s Community Care Licensing Division in consultation with CCPU pursuant to that agreement, and any extension or renewal of that agreement, for all family childcare providers who wish to participate, regardless of union status.
(5) The anaphylactic policy shall include all of the following:
(A) A process for a child daycare facility to solicit volunteers among its employees to be trained and to administer epinephrine to a child having an anaphylactic reaction. At least one volunteer who is trained in and can administer epinephrine shall be present during operating hours. The process to solicit volunteers shall include a statement that there shall be no retaliation against any employee who chooses not to volunteer or who rescinds their offer to volunteer, including after receiving training.
(B) (i) A procedure and treatment plan, including emergency protocols and responsibilities, for child daycare personnel responding to a child suffering from anaphylaxis.
(ii) The procedure and treatment plan shall include the capacity for trained personnel to
have access to an undesignated stock of an appropriate weight-based dosaged epinephrine auto-injector in a secured place at the site and to carry and administer it to a child believed in good faith to be having an anaphylactic reaction.
(iii) Child daycare personnel who provide, administer, or assist in the administration of epinephrine using an auto-injector, in compliance with the anaphylactic policy, and in good faith and not for compensation, to a child who appears to be suffering from anaphylaxis shall not be liable in a civil action or be subject to criminal prosecution for the person’s acts or omissions in administering the epinephrine. This clause does not apply in the case of gross negligence or
willful or wanton misconduct.
(iv) Any local educational agency that designates volunteers pursuant to this section shall ensure that each employee who volunteers under this section will be provided with defense and indemnification by the local educational agency for any and all civil liability, in accordance with, but not limited to, that provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the volunteer, and retained in the volunteer’s personnel file.
(C) (i) A training course for child daycare personnel for preventing, recognizing the symptoms of, and responding to anaphylaxis.
(ii) The training
course shall be provided at no cost to the employee during their regular working hours.
(iii) The department shall consider the feasibility of developing the training course in languages other than English to meet the needs of providers.
(iv) The department shall consider whether the training may be effectively provided through online instruction.
(D) Appropriate guidelines for each child daycare facility to develop an individual emergency health care plan for children with a food or other allergy that could result in anaphylaxis.
(E) A communication plan for dissemination of information by the department regarding children with a food or other allergy that could
result in anaphylaxis, including a discussion of methods, treatments, and therapies to reduce the risk of allergic reactions.
(F) Strategies for the reduction of the risk of exposure to children of anaphylactic causative agents, including food and other allergens.
(G) A communication plan for discussion with children that have developed adequate verbal communication and comprehension skills, and with the parents or guardians of all children, about foods that are safe and unsafe and strategies to avoid exposure to unsafe food.
(b) (1) The department shall create informational materials, in multiple languages, as applicable, pursuant to federal and state law, including, but not limited to, Chapter 17.5 (commencing
with Section 7290) of Division 7 of Title 1 of the Government Code, detailing the anaphylactic policy developed pursuant to subdivision (a). On or before September 1, 2024, the department and the State Department of Education shall post the informational materials on each of the departments’ internet websites.
(2) The anaphylactic policy shall be updated by the department at least once every three years.
(c) (1) On or before January 1, 2025, a child daycare facility may implement the anaphylactic policy developed by the department pursuant to subdivision (a).
(2) On and after January 1, 2025, upon enrollment of a child at a child daycare facility, and annually thereafter, the child daycare provider shall notify the parent or guardian of the anaphylactic policy, if the facility has adopted a policy. The notice shall include contact information for a parent or guardian to engage further with the child daycare provider to learn more about the policy.
(d) This section shall not be construed to preempt, modify, or amend a child daycare provider’s requirement to comply with existing federal and state disability laws, or the requirements related to a child’s individualized family service plan or individualized education program.
