Amended in Senate September 3, 2013

Amended in Senate May 20, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 290

Introduced by Assembly Member Alejo

February 11, 2013

An act to amend Sections 1596.865, 1596.866, and 1596.8661 of the Health and Safety Code, relating to child day care.

LEGISLATIVE COUNSEL’S DIGEST

AB 290, as amended, Alejo. Child day care: childhood nutrition training.

Existing law, the California Child Day Care Act, requires that, as a condition of licensure and in addition to any other required training, at least one director or teacher at each day care center, and each family day care home licensee who provides care, have at least 15 hours of health and safety training, covering specified components, including preventative health practices courses. begin insert Existing law requires the Emergency Medical Services Authority to establish minimum standards for that training. end insert

This bill would provide that, for licenses issued on or after January 1, begin delete 2015, end delete begin insert 2016, end insert a director or teacher who receives the health and safety training shall also have at least one hour of childhood nutrition training as part of the preventive health practices course or courses. The bill would require the childhood nutrition training to include content on age-appropriate meal patterns, as specified, and information about reimbursement rates for the federal Child and Adult Care Food Program (CACFP), and would direct child care providers to the CACFP Unit of the State Department of Education for detailed information on CACFP eligibility and enrollment. begin insert The bill would authorize the Emergency Medical Services Authority to establish standards for the childhood nutrition training through bulletin or similar instructions from the director until regulations are adopted. end insert

This bill would also make legislative findings and declarations.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) Nearly 25 percent of California’s preschool age children are
overweight or obese and at risk of developing chronic diseases,
which contribute to escalating health care costs.

(b) Child care participation in the United States is at an all-time
high. There are more than 45,000 licensed child care facilities in
California that serve over one million children.

(c) Research demonstrates that taste preferences and lifelong
nutrition habits are formed during the early childhood years.

(d) Research shows that the diets of most children in the United
States do not meet the recommendations of the Dietary Guidelines
for Americans. Children’s diets tend to be low in fruits, vegetables,
calcium-rich foods, and fiber and high in total fats, saturated and
trans fats, salt, and added sugar.

(e) Research supports that training for child care providers can
improve the quality of early childhood programs.

(f) The state has a strong policy and financial involvement in
the licensed child care system and in the health and safety of
children while they are engaged in that system.

begin insert

(g) It is the intent of the Legislature to establish an effective
date for the requirements of this act that provides sufficient time
for the Emergency Medical Services Authority to develop and
approve adequate childhood nutrition training standards using
existing processes and procedures and to avoid excessive costs
and burden on the authority.

end insert

SEC. 2.  

Section 1596.865 of the Health and Safety Code is
amended to read:

1596.865.  

It is the intent of the Legislature to encourage any
person who provides child care in a child day care facility licensed
pursuant to this chapter, Chapter 3.5 (commencing with Section
1596.90), or Chapter 3.6 (commencing with Section 1597.30) to
have the following elementary health care training:

(a)  Cardiopulmonary resuscitation.

(b)  Pediatric first aid.

(c)  Preventive health practices, including food preparation,
childhood nutrition, and sanitation practices that support overall
health and reduce the spread of infectious diseases.

SEC. 3.  

Section 1596.866 of the Health and Safety Code is
amended to read:

1596.866.  

(a) (1) In addition to other required training, at
least one director or teacher at each day care center, and each
family day care home licensee who provides care, shall have at
least 15 hours of health and safety training, and if applicable, at
least one additional hour of training pursuant to clause (ii) of
subparagraph (C) of paragraph (2).

(2) The training shall include the following components:

(A) Pediatric first aid.

(B) Pediatric cardiopulmonary resuscitation (CPR).

(C) (i) A preventive health practices course or courses that
include instruction in the recognition, management, and prevention
of infectious diseases, including immunizations, and prevention
of childhood injuries.

(ii) For licenses issued on or after January 1, begin delete 2015, end delete begin insert 2016, end insert at
least one director or teacher at each day care center, and each
family day care home licensee who provides care, shall have at
least one hour of childhood nutrition training as part of the
preventive health practices course or courses.

(3) The training may include instruction in sanitary food
handling, emergency preparedness and evacuation, caring for
children with special needs, and identification and reporting of
signs and symptoms of child abuse.

(b) Day care center directors and licensees of family day care
homes shall ensure that at least one staff member who has a current
course completion card in pediatric first aid and pediatric CPR
issued by the American Red Cross, the American Heart
Association, or by a training program that has been approved by
the Emergency Medical Services Authority pursuant to this section
and Section 1797.191 shall be onsite at all times when children
are present at the facility, and shall be present with the children
when children are offsite from the facility for facility activities.
Nothing in this subdivision shall be construed to require, in the
event of an emergency, additional staff members, who are onsite
when children are present at the facility, to have a current course
completion card in pediatric first aid and pediatric CPR.

(c) (1) The completion of health and safety training by all
personnel and licensees described in subdivision (a) shall be a
condition of licensure.

(2) Training in pediatric first aid and pediatric CPR by persons
described in subdivisions (a) and (b) shall be current at all times.
Training in preventive health practices as described in subparagraph
(C) of paragraph (2) of subdivision (a) is a one-time only
requirement for persons described in subdivision (a).

(3) The department shall issue a provisional license for otherwise
qualified applicants who are not in compliance with this section.
This provisional license shall expire 90 days after the date of
issuance and shall not be extended.

(4) A notice of deficiency shall be issued by the department at
the time of a site visit to any licensee who is not in compliance
with this section. The licensee shall, at the time the notice is issued,
develop a plan of correction to correct the deficiency within 90
days of receiving the notice. The facility’s license may be revoked
if it fails to correct the deficiency within the 90-day period. Section
1596.890 shall not apply to this paragraph.

(d) Completion of the training required pursuant to subdivisions
(a) and (b) shall be demonstrated, upon request of the licensing
agency, by the following:

(1) Current pediatric first aid and pediatric CPR course
completion cards issued by the American Red Cross, the American
Heart Association, or by a training program approved by the
Emergency Medical Services Authority pursuant to Section
1797.191.

(2) (A) A course completion card for a preventive health
practices course or courses as described in subparagraph (C) of
paragraph (2) of subdivision (a) issued by a training program
approved by the Emergency Medical Services Authority pursuant
to Section 1797.191.

(B) Persons who, prior to the date on which the amendments to
this section enacted in 1998 become operative, have completed a
course or courses in preventive health practices as described in
clause (i) of subparagraph (C) of paragraph (2) of subdivision (a),
and have a certificate of completion of a course or courses in
preventive health practices, or certified copies of transcripts that
identify the number of hours and the specific course or courses
taken for training in preventive health practices, shall be deemed
to have met the training in preventive health practices.

(3) In addition to training programs specified in paragraphs (1)
and (2), training programs or courses in pediatric first aid, pediatric
CPR, and preventive health practices offered or approved by an
accredited college or university are considered to be approved
sources of training that may be used to satisfy the training
requirements of paragraph (2) of subdivision (a). Completion of
this training shall be demonstrated to the licensing agency by a
certificate of course completion, course completion cards, or
certified copies of transcripts that identify the number of hours
and the specified course or courses taken for the training as defined
in paragraph (2) of subdivision (a).

(e) The training required under subdivision (a) shall not be
provided by a home study course. This training may be provided
through in-service training, workshops, or classes.

(f) All personnel and licensees described in subdivisions (a) and
(b) shall maintain current course completion cards for pediatric
first aid and pediatric CPR issued by the American Red Cross, the
American Heart Association, or by a training program approved
by the Emergency Medical Services Authority pursuant to Section
1797.191, or shall have current certification in pediatric first aid
and pediatric CPR from an accredited college or university in
accordance with paragraph (3) of subdivision (d).

(g) The department shall have the authority to grant exceptions
to the requirements imposed by this section in order to meet the
requirements of the Americans with Disabilities Act of 1990 (42
U.S.C. Sec. 12101 et seq.).

(h) The department shall adopt regulations to implement this
section.

SEC. 4.  

Section 1596.8661 of the Health and Safety Code is
amended to read:

1596.8661.  

(a) For purposes of the training required pursuant
to paragraph (4) of subdivision (a) of Section 1596.798, pediatric
first aid training pursuant to Section 1596.866 shall include a
component of training in the administration of inhaled medication
described in paragraph (4) of subdivision (a) of Section 1596.798.

(b) The Emergency Medical Services Authority shall establish,
consistent with Section 1797.191, minimum standards for a
component of pediatric first aid training that satisfies the
requirements of paragraph (4) of subdivision (a) of Section
1596.798. For purposes of this subdivision, the Emergency Medical
Services Authority is encouraged to consult with organizations
and providers with expertise in administering inhaled medication
and nebulizer care, including, but not limited to, the American
Lung Association, respiratory therapists, and others.

(c) For purposes of the training required pursuant to clause (ii)
of subparagraph (C) of paragraph (2) of subdivision (a) of Section
1596.866, instruction in childhood nutrition shall be at least one
hour in length and shall include content on age-appropriate meal
patterns based on the most current Dietary Guidelines for
Americans. In order to increase child care providers’ capacity to
serve healthy foods at a lower cost, the training shall contain
information about reimbursement rates for the United States
Department of Agriculture’s Child and Adult Care Food Program
(CACFP) (7 C.F.R. 226.20), and shall direct child care providers
to the CACFP Unit of the Nutrition Services Division of the State
Department of Education for detailed information on CACFP
eligibility and enrollment.

begin insert

(d) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), the Emergency Medical Services Authority may, through
bulletin or similar instructions from the director until regulations
are adopted, establish standards for the training in childhood
nutrition required pursuant to clause (ii) of subparagraph (C) of
paragraph (2) of subdivision (a) of Section 1596.866.

end insert