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.