(a)
(1)On or before July 1, 2027, the department, in consultation with the Emergency Medical Services Authority (EMSA) and the State Department of Education, shall establish an anaphylactic policy that sets forth guidelines and procedures recommended for child day care facility trained staff to prevent a child from suffering from anaphylaxis and to be used during a medical emergency resulting from anaphylaxis.
(2)On and after January 1, 2028, a child day care facility may implement the anaphylactic policy developed by the department pursuant to paragraph (1).
(3)On and after January 1, 2028, upon enrollment of a child at a child day care facility, and annually thereafter, the child day care
facility shall notify the parent or guardian of the anaphylactic policy developed by the de
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(a)
(1)
On or before July 1, 2027, the department, in consultation with the Emergency Medical Services Authority (EMSA) and the State Department of Education, shall establish an anaphylactic policy that sets forth guidelines and procedures recommended for child day care facility trained staff to prevent a child from suffering from anaphylaxis and to be used during a medical emergency resulting from anaphylaxis.
(2)
On and after January 1, 2028, a child day care facility may implement the anaphylactic policy developed by the department pursuant to paragraph (1).
(3)
On and after January 1, 2028, upon enrollment of a child at a child day care facility, and annually thereafter, the child day care
facility shall notify the parent or guardian of the anaphylactic policy developed by the department pursuant to paragraph (1), if the facility has adopted a policy. The notice shall include contact information for a parent or guardian to engage further with the child day care facility to learn more about the policy and notification
of the liability limitations set forth in Section 1799.102 of this code and Section 1714.23 of the Civil Code.
(4)
The policy shall be developed in consultation with representatives from the following:
(A)
Pediatric physicians and other health care providers with expertise in treating children with anaphylaxis.
(B)
Parents of children with life-threatening allergies.
(C)
Child day care facility administrators and
staff.
(D)
Not-for-profit corporations that represent allergic individuals at risk for anaphylaxis.
(E)
A certified provider organization.
(5)
In developing the policy, the department shall consider existing requirements and current and best practices for child day care facilities on allergies and anaphylaxis. The department shall also consider any voluntary guidelines issued by the United States Department of
Health and Human Services for managing food allergies in child day care facilities.
(6)
The EMSA shall review minimum standards of training for the administration of epinephrine auto-injectors, as necessary, and notify the department if any changes to the training course described in subparagraph (C) of paragraph (7) are needed. Training established pursuant to this subdivision shall be consistent with the most recent Voluntary Guidelines for Managing Food Allergies In Schools and Early Care and Education Programs published by the federal Centers for Disease Control and Prevention and Section 1797.197a.
(7)
The anaphylactic policy shall include all of the following:
(A)
(i)
A process for a child day care facility to solicit volunteers among its employees to be trained and to administer emergency epinephrine auto-injectors to provide emergency medical aid to a child in care who is suffering, or reasonably believed to be suffering, from anaphylaxis. The process to solicit volunteers shall include a statement that there shall be no retaliation against any employee who chooses not to volunteer or who rescinds their offer to volunteer, including after receiving training.
(ii)
Trained staff may administer emergency epinephrine auto-injectors to provide medical aid to a child in care who is suffering, or reasonably believed to
be suffering, from anaphylaxis at a child day care facility during operating hours.
(iii)
Section 1799.102 of this code and Section 1714.23 of the Civil Code apply to trained staff of a child day care facility, as defined in Section 1596.750, who administer emergency epinephrine auto-injectors to a child in care pursuant to this section.
(B)
(i)
A procedure and treatment plan, including emergency protocols and responsibilities, for
trained staff responding to a child suffering, or reasonably believed to be suffering, from anaphylaxis.
(ii)
The procedure and treatment plan shall ensure trained staff have access to an appropriate weight-based
dosage epinephrine
auto-injector, if applicable, as specified in Section 49414 of the Education Code.
(iii)
The procedure and treatment plan shall ensure trained staff have access to epinephrine auto-injectors stored in a secure
place at the site.
(C)
A training course for child day care
facility staff shall include, but not be limited to, the following:
(i)
Techniques for preventing, recognizing the symptoms of, and responding to anaphylaxis.
(ii)
Standards and procedures for the storage, restocking, and emergency use of epinephrine auto-injectors.
(iii)
Emergency followup procedures, including calling the emergency 911 telephone number and contacting, if possible, the child’s parent or guardian
and physician.
(iv)
Instruction on how to determine whether to use a pediatric or adult epinephrine auto-injector.
(v)
Written materials covering the information required by this subparagraph.
(D)
Appropriate guidelines for each child day care facility to develop an individual emergency plan for children with a food or other allergy that could result in anaphylaxis.
(E)
A process for a child day care facility to obtain either of the following from the parent or guardian of each child in care:
(i)
Prior written consent to the emergency administration of epinephrine auto-injectors by trained staff to the child who is suffering, or reasonably believed to be suffering, from anaphylaxis.
(ii)
A written statement objecting to the emergency administration of epinephrine auto-injectors by trained staff to the child who is suffering, or reasonably believed to be suffering, from anaphylaxis.
(F)
Strategies for the
reduction of the risk of exposure to children of anaphylactic causative agents, including food and other allergens.
(b)
(1)
On or before September 1, 2027, the department and the State Department of Education shall publish the anaphylactic policy developed pursuant to paragraph (1) of subdivision (a) on each of the departments’ internet websites.
(2)
The anaphylactic policy shall be updated by the department as
necessary, in consultation with the EMSA and the State Department of Education.
(c)
This section shall not be construed to preempt, modify, or amend a child day care facility’s requirement to comply with existing federal and state disability laws, or the requirements related to a child’s individualized family service plan or individualized education program.
(d)
Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of
Title 2 of the Government Code), the department may implement and administer the changes made by this section through letters or similar written instructions that shall have the same force and effect as regulations until regulations are adopted.
(e)
For the purposes of this section, the following terms have the following meanings:
(1)
“Anaphylaxis” means a potentially life-threatening hypersensitivity or allergic reaction to a substance.
(A)
Symptoms of anaphylaxis may include shortness of breath, wheezing, difficulty breathing, difficulty talking or swallowing, hives, itching, swelling, shock, or asthma.
(B)
Causes of anaphylaxis may include, but are not limited to, insect stings or bites, foods, drugs, and other allergens, as well as idiopathic or exercise-induced anaphylaxis.
(2)
“Epinephrine auto-injector” means a disposable delivery device designed for the automatic injection of a premeasured dose of epinephrine into the human body to prevent or treat a life-threatening allergic reaction.
(3)
“Trained staff” means an employee
of a child day care facility, as defined in Section 1596.750, who has volunteered to administer epinephrine auto-injectors to a person if the child in care is suffering, or reasonably believed to be suffering, from anaphylaxis, has been designated by
the licensee, and has received training pursuant to subparagraph (C) of paragraph (7) of subdivision (a).