Amended in Senate April 1, 2013

Senate Bill No. 766

Introduced by Senator Yee

February 22, 2013

An act to amend Section begin delete 1275 end delete begin insert 1596.656 end insert of begin insert , and to add Division 2.3 (commencing with Section 1796) to, end insert the Health and Safety Code, relating to begin delete health facilities end delete begin insert child care end insert .

LEGISLATIVE COUNSEL’S DIGEST

SB 766, as amended, Yee. begin delete Health facilities: standards for health facility physical plants. end delete begin insert Ancillary day care centers. end insert

Existing law requires begin delete the Office of Statewide Health Planning and Development to adopt and enforce regulations prescribing building standards for the adequacy and safety of health facility physical plants. end delete begin insert a person 18 years of age or older who provides child care or child care supervision in an ancillary day care center, as defined, to be registered as a trustline provider, as specified. A person is prohibited from being a trustline provider if he or she is not eligible to obtain a child care license. Existing law generally requires a trustline provider to submit to a criminal history check. A person who is a current licensee or employee in a facility licensed by the State Department of Social Services may, in lieu of a criminal history check, transfer his or her criminal record clearance and instead submit a declaration to the department. Submitting a willful false declaration is a misdemeanor. end insert

This bill would begin delete make technical, nonsubstantive changes to these provisions. end delete begin insert require a person who is otherwise responsible for engaging with children cared for in an ancillary day care center to be registered as a trustline provider. By increasing the scope of an existing crime, the bill would impose a state-mandated local program. end insert

begin insert

The bill would require an ancillary day care center to comply with certain requirements, including the requirements to maintain specified care provider-child ratios and ensure the presence, at all times, of at least one care provider who is 18 years of age or older.

end insert begin insert

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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1596.656 of the end insert begin insert Health and Safety Code end insert
begin insert is amended to read: end insert

1596.656.  

(a) A person 18 years of age or older, who provides
child care or child care supervision begin insert , or is otherwise responsible
for engaging with children cared for end insert in an ancillary day care center,
as defined in Section 1596.60, shall be registered pursuant to
Sections 1596.603 and 1596.605. Nothing in this chapter shall be
construed to prevent a person under 18 years of age from being
employed in an ancillary day care center.

(b) Notwithstanding any provision of law to the contrary, if a
person 18 years of age or older is denied trustline registration by
the department pursuant to Section 1596.605 or 1596.607, or if
the department revokes a person’s trustline registration pursuant
to Section 1596.608, that person shall be ineligible for employment
in a position providing child care or child care supervision in an
ancillary day care center.

(c) If an existing employee providing child care or child care
supervision in an ancillary day care center, or a prospective
employee seeking employment in a position that provides child
care or child care supervision in an ancillary day care center,
submits an application to the department to become a registered
trustline child care provider, that existing or prospective employee
shall be deemed to be in compliance with the requirements of this
section and permitted to work in a position providing child care
or child care supervision pending the department’s review of his
or her trustline application. The existing or prospective employee
shall become ineligible for employment providing child care or
child care supervision in an ancillary day care center if the
department denies his or her trustline application and any right to
appeal the department’s denial has been exhausted or has expired.

(d) This section shall become operative on January 1, 2011.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Division 2.3 (commencing with Section 1796) is added
to the end insert begin insert Health and Safety Code end insert begin insert , to read: end insert

begin insert

 

Division  begin insert 2.3. end insert   Ancillary Day Care Centers

 

begin insert 1796. end insert   

An ancillary day care center, as defined in Section
1596.60, shall comply with all of the following requirements:

(a) Maintain a ratio of no more than 10 children to each care
provider for children ages 0 to 6 years, inclusive, and maintain a
ratio of no more than 15 children to each care provider for children
ages 7 to 17, inclusive.

(b) Ensure the presence, at all times, of at least one care
provider who is 18 years of age or older.

(c) Ensure that any substitute care providers, or staff responsible
to engage with children that are present in the ancillary day care
center are registered pursuant to Sections 1596.603 and 1596.605.

(d) Ensure that at least one care provider present in the center
has received health and safety training, including training in
pediatric first aid and current training in pediatric
cardiopulmonary resuscitation.

(e) Establish health and safety protocols and inform staff and
parents of the established protocols, which may include, but are
not limited to, notifying parents of incidents at the center and use
of emergency medical services.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

end insert

begin delete

SECTION 1.  

Section 1275 of the Health and Safety Code is
amended to read:

1275.  

(a)  The department shall adopt, amend, or repeal, in
accordance with Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code and
Chapter 4 (commencing with Section 18935) of Part 2.5 of Division
13, any reasonable rules and regulations as may be necessary or
proper to carry out the purposes and intent of this chapter and to
enable the department to exercise the powers and perform the
duties conferred upon it by this chapter, not inconsistent with a
statute of this state including, but not limited to, the State Building
Standards Law, Part 2.5 (commencing with Section 18901) of
Division 13.

All regulations in effect on December 31, 1973, that were
adopted by the State Board of Public Health, the State Department
of Public Health, the State Department of Mental Hygiene, or the
State Department of Health Care Services relating to licensed
health facilities shall remain in full force and effect until altered,
amended, or repealed by the director or pursuant to Section 25 or
other provisions of law.

(b)  Notwithstanding this section or any other law, the Office
of Statewide Health Planning and Development shall adopt and
enforce regulations prescribing building standards for the adequacy
and safety of health facility physical plants.

(c)  The building standards adopted by the State Fire Marshal
and the Office of Statewide Health Planning and Development,
pursuant to subdivision (b), for the adequacy and safety of
freestanding physical plants housing outpatient services of a health
facility licensed under subdivision (a) or (b) of Section 1250 shall
not be more restrictive or comprehensive than the comparable
building standards established, or otherwise made applicable, by
the State Fire Marshal and the Office of Statewide Health Planning
and Development to clinics and other facilities licensed pursuant
to Chapter 1 (commencing with Section 1200).

(d)  Except as provided in subdivision (f), the licensing standards
adopted by the department under subdivision (a) for outpatient
services located in a freestanding physical plant of a health facility
licensed under subdivision (a) or (b) of Section 1250 shall not be
more restrictive or comprehensive than the comparable licensing
standards applied by the department to clinics and other facilities
licensed under Chapter 1 (commencing with Section 1200).

(e)  Except as provided in subdivision (f), the state agencies
specified in subdivisions (c) and (d) shall not enforce any standard
applicable to outpatient services located in a freestanding physical
plant of a health facility licensed pursuant to subdivision (a) or (b)
of Section 1250, to the extent that the standard is more restrictive
or comprehensive than the comparable licensing standards applied
to clinics and other facilities licensed under Chapter 1
(commencing with Section 1200).

(f)  All health care professionals providing services in settings
authorized by this section shall be members of the organized
medical staff of the health facility to the extent medical staff
membership would be required for the provision of the services
within the health facility. All services shall be provided under the
respective responsibilities of the governing body and medical staff
of the health facility.

(g)  For purposes of this section, “freestanding physical plant”
means a building that is not physically attached to a building in
which inpatient services are provided.

end delete