BILL NUMBER: AB 1368 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 16, 2009
INTRODUCED BY Assembly Member Adams
FEBRUARY 27, 2009
An act to amend Section 131055 1596.866
of the Health and Safety Code, relating to public
health child day care .
LEGISLATIVE COUNSEL'S DIGEST
AB 1368, as amended, Adams. Public health.
Child day care: safety.
Under existing law, the State Department of Public Health licenses
and regulates child day care centers and family day care homes.
Existing law requires day care center directors and licensees of
large family day care homes to ensure that at least one staff member
who has a current course completion in pediatric first aid and
pediatric CPR, as specified, is onsite when children are present and
is present with the children when they are offsite for facility
activities. Willful or repeated violation of these provisions is a
misdemeanor.
This bill would make the above provision applicable to all family
day care homes. By enlarging the scope of an existing crime, this
bill would impose a state-mandated local program.
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.
Existing law creates, within the California Health and Human
Services Agency, the State Department of Public Health. The
department is vested with duties, powers, purposes, functions,
responsibilities, and jurisdiction relating to public health,
licensing and certification of health facilities, and various other
programs, as specified.
This bill would make technical, nonsubstantive changes to those
provisions.
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 1596.866 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. 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 131055 of the Health and
Safety Code is amended to read:
131055. (a) All regulations and orders adopted by the former
State Department of Health Services and any of its predecessors in
effect immediately preceding the operative date of this section shall
remain in effect and shall be fully enforceable unless and until
readopted, amended, or repealed, or until they expire by their own
terms. Any action by or against the former State Department of Health
Services or any of its predecessors pertaining to matters vested in
the State Department of Public Health by this chapter shall not abate
but shall continue in the name of the State Department of Public
Health, and the State Department of Public Health shall be
substituted for the former State Department of Health Services and
any of its predecessors by the court wherein the action is pending.
The substitution shall not in any way affect the rights of the
parties to the action.
(b) On and after the operative date of this section, the
unexpended balance of all funds available for use by the former State
Department of Health Services or any of its predecessors in carrying
out any functions transferred to the State Department of Public
Health shall be available for use by the State Department of Public
Health.
(c) All books, documents, records, and property of the former
State Department of Health Services pertaining to functions
transferred to the State Department of Public Health shall be
transferred to the State Department of Public Health.
(d) On and after the operative date of this section, positions
other than that of the State Public Health Officer and the Chief
Deputy filled by appointment by the Governor in the former State
Department of Health Services whose principal assignment was to
perform functions transferred to the State Department of Public
Health shall be transferred to the State Department of Public Health.
Individuals in positions transferred pursuant to this section shall
serve at the pleasure of the Governor. Salaries of positions
transferred shall remain at the level established pursuant to law
unless otherwise provided.
(e) Every officer and employee of the former State Department of
Health Services who is performing a function transferred to the State
Department of Public Health and who is serving in the state civil
service, other than as a temporary employee, shall be transferred to
the State Department of Public Health pursuant to the provisions of
Section 19050.9 of the Government Code. The status, position, and
rights of any officer or employee of the former State Department of
Health Services shall not be affected by the transfer and shall be
retained by the person as an officer or employee of the State
Department of Public Health, as the case may be, pursuant to the
State Civil Service Act (Part 2 (commencing with Section 18500) of
Division 5 of Title 2 of the Government Code), except as to a
position that is exempt from civil service.