Bill Text: CA AB2042 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Child daycare facilities: anaphylactic policy.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2022-09-29 - Vetoed by Governor. [AB2042 Detail]
Download: California-2021-AB2042-Amended.html
Bill Title: Child daycare facilities: anaphylactic policy.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2022-09-29 - Vetoed by Governor. [AB2042 Detail]
Download: California-2021-AB2042-Amended.html
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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 and Luz Rivas) |
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, as amended, 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 department, on or before July 1, 2023, to establish an anaphylactic policy that sets forth guidelines and procedures to be followed by
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 and responding to anaphylaxis. The bill would exempt child daycare personnel who provide, administer, or assist in the administration of epinephrine, or who prescribe epinephrine, from liability for civil damages for ordinary negligence in acts or omissions resulting from the administration of epinephrine consistent with the
anaphylactic policy. The bill would require the department to create informational materials detailing the anaphylactic policy and, on or before September 1, 2023, distribute the informational materials to child daycare facilities and post the materials on the department’s internet website. The bill would require a child daycare facility to implement the anaphylactic policy on or before January 1, 2024.
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, 2023, the department shall establish an anaphylactic policy that sets forth guidelines and procedures to be followed by 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.
(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) The anaphylactic policy shall include all of the following:
(A) A procedure and
treatment plan, including emergency protocols and responsibilities, for child daycare personnel responding to a child suffering from anaphylaxis.
(i) The procedure and treatment plan shall include the capacity for trained personnel to carry undesignated stock epinephrine and to administer an appropriate weight-based dosage to a child believed in good faith to be having an anaphylactic reaction.
(ii) Child daycare personnel who provide, administer, or assist in the administration of epinephrine, or who prescribe epinephrine, shall not be liable for any civil damages for ordinary negligence in acts or omissions resulting from the administration of epinephrine consistent with the
anaphylactic policy.
(B) A training course for child daycare personnel for preventing and responding to anaphylaxis.
(C) 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.
(D) 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.
(E) Strategies for the reduction of the risk of exposure to children of
anaphylactic causative agents, including food and other allergens.
(F) 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 detailing the anaphylactic policy developed pursuant to subdivision (a). On or before September 1, 2023, the department shall distribute the informational materials to child daycare facilities and post the materials on the department’s internet website.
(2) The anaphylactic policy shall be updated by the department at
least once every three years.
(c) (1) On or before January 1, 2024, a child daycare facility shall implement the anaphylactic policy developed by the department pursuant to subdivision (a)
(2) On and after January 1, 2024, 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. 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.
