BILL NUMBER: SB 766 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Yee
FEBRUARY 22, 2013
An act to amend Section 1275 1596.656
of , and to add Division 2.3 (commencing with Section
1796) to, the Health and Safety Code, relating to
health facilities child care .
LEGISLATIVE COUNSEL'S DIGEST
SB 766, as amended, Yee. Health facilities: standards for
health facility physical plants. Ancillary day care
centers.
Existing law requires 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. 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.
This bill would make technical, nonsubstantive changes to
these provisions. 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.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1596.656 of the
Health and Safety Code is amended to read:
1596.656. (a) A person 18 years of age or older, who provides
child care or child care supervision , or is otherwise
responsible for engaging with children cared for 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.
SEC. 2. Division 2.3 (commencing with Section
1796) is added to the Health and Safety Code ,
to read:
DIVISION 2.3. Ancillary Day Care Centers
1796. 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.
SEC. 3. 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.
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.