BILL NUMBER: SB 1524	CHAPTERED
	BILL TEXT

	CHAPTER   666
	FILED WITH SECRETARY OF STATE   SEPTEMBER 21, 1998
	APPROVED BY GOVERNOR   SEPTEMBER 20, 1998
	PASSED THE ASSEMBLY   AUGUST 28, 1998
	PASSED THE SENATE   MAY 27, 1998
	AMENDED IN SENATE   MAY 6, 1998
	AMENDED IN SENATE   APRIL 28, 1998
	AMENDED IN SENATE   APRIL 14, 1998
	AMENDED IN SENATE   MARCH 23, 1998
	AMENDED IN SENATE   MARCH 16, 1998

INTRODUCED BY   Senator Alpert

                        FEBRUARY 10, 1998

   An act to amend Sections 1596.866, 1797.113, and 1797.191 of the
Health and Safety Code, relating to child care, making an
appropriation therefor, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1524, Alpert.  Child care centers:  training.
   Existing law requires that at least one director or teacher at
each day care center and each family day care home licensee have a
minimum number of hours of training in preventive health practices.
The training requirements can be satisfied through courses offered by
an institution approved by the Emergency Medical Services Authority,
or by obtaining a pediatric first aid card issued by the American
Red Cross.
   This bill would recast these provisions to require a minimum
number of hours of health and safety training that would include,
components of pediatric first aid, pediatric CPR, and a preventive
health practices course or courses as described by the bill.  The
bill would provide that training in preventive health practices would
be a one-time-only requirement while pediatric first aid and CPR
training would be required to be current at all times.
   This bill would provide that certain training requirements would
be satisfied by obtaining a pediatric first aid and pediatric CPR
card issued by the American Red Cross or the American Heart
Association.  The bill would permit courses by an accredited college
or university to satisfy the above training requirements.
   The bill would require the Emergency Medical Services Authority to
establish minimum standards for the required training courses and
would authorize the director of the authority to deny, suspend, or
revoke approval for a training program on the occurrence of certain
events that pose an imminent threat to the public health and safety.

   Existing law provides for the Emergency Medical Services Training
Program Approval Fund that is continuously appropriated to the
authority for the authority's training program review and approval
activities.
   This bill would authorize the authority to charge additional
designated fees to training programs authorized under the bill to be
deposited in the Emergency Medical Services Training Program Approval
Fund.  By increasing the source of moneys in a continuously
appropriated fund, this bill would make an appropriation.
  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) (1) 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 health and safety training.
   (2) The training shall include the following components:
   (A) Pediatric first aid.
   (B) Pediatric cardiopulmonary resuscitation (CPR).
   (C) A preventative health practices course or courses that include
instruction in the recognition, management, and prevention of
infectious diseases, including immunizations, and prevention of
childhood injuries.
   (3) The training may include instruction 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) Day care center directors and licensees of large 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 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 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 either by the American Red Cross or 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 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 either by the American Red Cross
or 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. 2.  Section 1797.113 of the Health and Safety Code is amended
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 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 these investments or deposits shall accrue to
the Emergency Medical Services Training Program Approval Fund.
  SEC. 3.  Section 1797.191 of the Health and Safety Code is amended
to read:
   1797.191.  (a) The authority shall establish minimum standards for
the training in pediatric first aid, pediatric cardiopulmonary
resuscitation (CPR), and preventive health practices required by
Section 1596.866.
   (b) (1) The authority shall establish a process for the ongoing
review and approval of training programs in pediatric first aid,
pediatric CPR, and preventive health practices as specified in
paragraph (2) of subdivision (a) of Section 1596.866 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.
   (2) The authority shall establish, in consultation with experts in
pediatric first aid, pediatric CPR, and preventive health practices,
a process to ensure the quality of the training programs, including,
but not limited to, a method for assessing the appropriateness of
the courses and the qualifications of the instructors.
   (c) (1) The authority may charge a fee equal to its costs incurred
for the preventive health practices program and for the initial
review and approval and renewal of approval of the program.
   (2) If the authority chooses to establish a fee process based on
the use of course completion cards for the preventive health
practices program, the cost shall not exceed seven dollars ($7) per
card for each training participant until January 1, 2001, at which
time the authority may evaluate its administrative costs.  After
evaluation of the costs, the authority may establish a new fee scale
for the cards so that revenue does not exceed the costs of the
ongoing review and approval of the preventive health practices
training.
   (d) For the purposes of this section, training programs mean
programs that apply for approval by the authority to provide the
training in pediatric first aid, pediatric CPR, or preventive health
practices as specified in paragraph (2) of subdivision (a) of Section
1596.866.  Training programs include all affiliated programs that
also provide any of the authority-approved training required by this
division.  Affiliated programs are programs that are overseen by
persons or organizations that have an authority-approved training
program in pediatric first aid, pediatric CPR, or preventive health
practices.  Affiliated programs also include programs that have
purchased an authority-approved training program in pediatric first
aid, pediatric CPR, or preventive health practices.  Training
programs and their affiliated programs shall comply with the
provisions of this division and with the regulations adopted by the
authority pertaining to training programs in pediatric first aid,
pediatric CPR, or preventive health practices.
   (e) The director of the authority may, in accordance with
regulations adopted by the authority, deny, suspend, or revoke any
approval issued under this division or may place any approved program
on probation, upon the finding by the director of the authority of
an imminent threat to the public health and safety as evidenced by
the occurrence of any of the actions listed in subdivision (f).
   (f) Any of the following actions shall be considered evidence of a
threat to the public health and safety, and may result in the
denial, suspension, probation, or revocation of a program's approval
or application for approval pursuant to this division.
   (1) Fraud.
   (2) Incompetence.
   (3) The commission of any fraudulent, dishonest, or corrupt act
that is substantially related to the qualifications, functions, and
duties of training program directors and instructors.
   (4) Conviction of any crime that is substantially related to the
qualifications, functions, and duties of training program directors
and instructors.  The record of conviction or a certified copy of the
record shall be conclusive evidence of such conviction.
   (5) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of or conspiring to violate,
any provision of this division or the regulations promulgated by the
authority pertaining to the review and approval of training programs
in pediatric first aid, pediatric CPR, and preventive health
practices as specified in paragraph (2) of subdivision (a) of Section
1596.866.
   (g) In order to ensure that adequate qualified training programs
are available to provide training in the preventive health practices
course to all persons who are required to have that training , the
authority may, after approval of the Commission on Emergency Medical
Services 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.
   (h) 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 specified in subparagraph
(C) of paragraph (2) of subdivision (a) of Section 1596.866, and have
a certificate of completion card 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 requirement for training in preventive health practices.
  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 training requirements of this act 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 as soon as possible it
is necessary that this act take effect immediately.