BILL NUMBER: AB 243 CHAPTERED 07/21/94 BILL TEXT CHAPTER 246 FILED WITH SECRETARY OF STATE JULY 21, 1994 APPROVED BY GOVERNOR JULY 20, 1994 PASSED THE ASSEMBLY JULY 7, 1994 PASSED THE SENATE JUNE 27, 1994 AMENDED IN SENATE MAY 23, 1994 AMENDED IN SENATE MAY 19, 1994 AMENDED IN SENATE MAY 4, 1994 AMENDED IN SENATE APRIL 18, 1994 AMENDED IN SENATE APRIL 4, 1994 AMENDED IN SENATE MARCH 9, 1994 AMENDED IN ASSEMBLY MAY 3, 1993 INTRODUCED BY Assembly Member Alpert JANUARY 27, 1993 An act to amend Section 1596.866 of, and to add Sections 1797.113 and 1797.191 to, the Health and Safety Code, relating to child day care, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 243, Alpert. Child day care facilities. Existing law requires the State Department of Social Services to adopt, amend, or repeal necessary rules and regulations relating to child day care facilities, including day care centers and family day care homes. Existing law requires at least one director or teacher at each day care center, and each licensed family day care home provider, to have at least 15 hours of prescribed training on preventative health practices. This bill would specify that a family day care home licensee who provides care is required to have the training, and would change the contents of the training. Existing law requires a child day care facility director to ensure that at least one staff member currently trained in pediatric first aid and pediatric cardiopulmonary resuscitation is available at all times when children are present at the facility. This bill would require a day care center director and a licensee of a large family day care home to ensure that at least one staff member or substitute is so trained, and would also require their presence when children are offsite for facility activities. This bill would require the department to issue a notice of deficiency at the time of a site visit to any licensee that is not in compliance with these requirements. It would require a licensee to develop a plan to correct the deficiency within 90 days of receiving the notice. It would provide that the license may be revoked if the licensee fails to correct the deficiency. Existing law requires completion of the training to be demonstrated by certain cards issued by specified entities, and requires the training to be given by a certified or credentialed instructor. This bill would provide that the cards may also be issued by a health and safety training program that has been approved by the Emergency Medical Services Authority and would require the authority to establish minimum standards. The bill would provide that persons, who have completed a course in pediatric first aid or pediatric CPR prior to July 1, 1994 and have a current certificate or course completion card, are deemed to have met the requirements for training in that subject if the course they took meets certain requirements. It would permit the authority to establish temporary standards, subject to approval of the Commission on Emergency Services, for use in reviewing programs until the permanent standards have been adopted. The bill would, except as specified, require a licensee of a family day care home, in addition to personnel in a day care center, to maintain a current unexpired pediatric cardiopulmonary resuscitation card and a pediatric first aid card. The bill would require the authority to establish a process for the ongoing review and approval of training programs in pediatric first aid and pediatric cardiopulmonary resuscitation and to charge fees for these purposes. This bill would establish the Emergency Medical Services Training Program Approval Fund into which the fees would be deposited and would continuously appropriate moneys in the fund to the authority for its review and approval of training programs. It would permit the transfer of certain funds from this fund to the Surplus Money Investment Fund for investment. Existing law requires the State Department of Social Services to adopt regulations implementing the provisions of existing law on or before July 1, 1992. This bill would delete this date. This bill would declare that it is to take effect immediately as an urgency statute. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1596.866 of the Health and Safety Code is amended to read: 1596.866. (a) 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 shall have at least 15 hours of training on preventive health practices. The training shall include pediatric cardiopulmonary resuscitation, pediatric first aid, recognition, management, and prevention of infectious diseases, including immunizations, and prevention of childhood injuries. The training may include training in sanitary food handling, child nutrition, emergency preparedness and evacuation, caring for children with special needs, and identification and reporting of signs and symptoms of child abuse. (b) A day care center director shall ensure that at least one staff member who has a current certificate in pediatric first aid and pediatric cardiopulmonary resuscitation issued by a training program that has been approved by the Emergency Medical Services Authority pursuant to this section and Section 1797.191 shall be available at all times when children are present at the facility, or when children are offsite of the facility for facility activities. Similarly, a licensee of a large family day care home shall ensure that at least one person who has a current certificate in pediatric first aid and pediatric cardiopulmonary resuscitation shall be available at all times when children are present at the facility, or when children are offsite of 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 available when children are present at the facility, to have a current certificate in pediatric first aid and pediatric cardiopulmonary resuscitation. (c) All personnel and licensees described in subdivision (a) shall complete 15 hours of preventive health practices training as described in subdivision (a) on or before January 1, 1995, and completion of the health training shall be a condition of licensure. (1) 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. (2) 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) A current pediatric cardiopulmonary resuscitation card issued either by the American Red Cross or the American Heart Association, or by a training program that has been approved by the Emergency Medical Services Authority pursuant to Section 1797.191. (2) A current pediatric first aid card issued either by the American Red Cross or by a training program that has been approved by the Emergency Medical Services Authority pursuant to Section 1797.191. (3) A certificate of completion of a course or courses in preventive health practices as defined in subdivision (a) or certified copies of transcripts that identify the number of hours and the specific course or courses taken for training in preventative health practices as defined in subdivision (a). (e) The training required under subdivision (a) shall not be provided by a home study course. This training may be provided through on-the-job training, workshops, or classes. (f) All personnel and licensees described in subdivision (a) shall maintain a current, unexpired pediatric cardiopulmonary resuscitation card and a pediatric first aid card in accordance with 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. 2. Section 1797.113 is added to the Health and Safety Code, to read: 1797.113. The Emergency Medical Services Training Program Approval Fund is hereby established in the State Treasury and, notwithstanding Section 13340 of the Government Code, is continuously appropriated to the authority for the authority's training program review and approval activities. The fees charged by the authority under subdivision (b) of Section 1797.191 shall be deposited in this fund. The authority may transfer unexpended and unencumbered moneys contained in the Emergency Medical Services Training Program Approval Fund to the Surplus Money Investment Fund for investment pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code. All interest, dividends, and pecuniary gains from such investments or deposits shall accrue to the Emergency Medical Services Training Program Approval Fund. SEC. 3. Section 1797.191 is added to the Health and Safety Code, to read: 1797.191. (a) The authority shall establish minimum standards for the training in pediatric first aid and pediatric cardiopulmonary resuscitation (CPR) that is required by Section 1596.866. (b) The authority shall establish a process for the ongoing review and approval of training programs in pediatric first aid and CPR to ensure that those programs meet the minimum standards established pursuant to subdivision (a). The authority shall charge fees equal to its costs incurred for the pediatric first aid and CPR training standards program and for the ongoing review and approval of these programs. (c) In order to ensure that adequate qualified training programs are available to provide training in pediatric first aid and pediatric CPR to all persons who are required to have that training by January 1, 1995, the authority may, after approval of the commission pursuant to Section 1799.50, establish temporary standards for training programs for use until permanent standards can be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (d) Persons who, prior to July 1, 1994, have completed a course in pediatric first aid or pediatric CPR, and have a current certificate or course completion card, shall be deemed to have met the requirement for training in that subject if the course they took meets the requirements established by the authority pursuant to this section and that course is either subsequently approved by the authority or was provided by either the American Red Cross or the American Heart Association as permitted by paragraphs (1) and (2) of subdivision (d) of Section 1596.866. SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to meet the requirement of existing law that all child day care facility personnel be trained in CPR and first aid by January 1, 1995, standards must first be developed to ensure that the training received meets certain uniform health and safety standards in accordance with the mechanisms provided for by this act. In order for the standards to be developed and the training to be provided by January 1, 1995, it is necessary that this act must take effect immediately.