Cal. HSC § 1596.866 — California Code / Code hsc / Division 2 / Chapter 3.4 / Article 2 / Section 1596.866
Section 1596.866
Status: in_force

(a) (1) In addition to other required training, all staff who provide childcare at a daycare center, each family daycare home licensee, all staff who provide childcare at a family daycare home, and each substitute adult who provides care in a family daycare home pursuant to Section 1597.63, shall have at least 15 hours of health and safety training, and if applicable, at least 1 additional hour of training pursuant to clause (ii) of subparagraph (C) of paragraph (2).

(2) The health and safety training shall include the following components:

(A) Pediatric first aid.

(B) Pediatric cardiopulmonary resuscitation (CPR).

(C) (i) A preventive health practices course or courses that include instruction in the recognition, management, and prevention of infectious diseases, including immunizations, prevention of childhood injuries, and, for licenses issued on and after July 1, 2020, instruction in the prevention of lead exposure that is consistent with the most recent State Department of Public Health’s training curriculum on childcare lead poisoning prevention.

(ii) For licenses issued on or after January 1, 2016, individuals described in paragraph (1) shall have at least one hour of childhood nutrition training as part of the preventive health practices course or courses.

(3) The training may include instruction in sanitary food handling, emergency preparedness and evacuation, and caring for children with special needs.

(4) (A) (i) On and after January 1, 2026, persons described in paragraph (1) shall obtain training in a pediatric first aid or pediatric CPR course that includes instruction in the prevention and treatment of anaphylaxis, including the emergency use of epinephrine auto-injectors, subject to the requirements of Section 1797.197a.

(ii) Persons who, on or before December 31, 2025, have completed a course or courses in pediatric first aid and pediatric CPR that did not include instruction in the prevention and treatment of anaphylaxis, including the emergency use of epinephrine auto-injectors, shall comply with clause (i) for the next renewal period.

(iii) (I) It is the intent of the Legislature that the training required by this section will be adopted into the existing training requirements for a child daycare facility and will not require additional hours.

(II) Notwithstanding the provisions in subclause (I) of this clause and clauses (i) and (ii) of this subparagraph, in the event any additional training hours are required by these provisions, reimbursement of a family childcare provider, as defined in Section 10421 of the Welfare and Institutions Code, for any additional training hours shall be determined pursuant to the procedures set forth in Chapter 25 (commencing with Section 10420) of Part 1.8 of Division 9 of the Welfare and Institutions Code.

(B) On and after January 1, 2028, a pediatric first aid and pediatric CPR training course shall include instruction in the prevention and treatment of anaphylaxis, including the emergency use of epinephrine auto-injectors, subject to the requirements of Section 1797.197a.

(b) Beginning January 1, 2027, persons described in paragraph (1) of subdivision (a) shall complete a minimum of 12 hours of continuing education on an annual basis. Annual training shall be provided by qualified sources to be determined by the department. The courses shall include all of the following topics:

(1) Emergency and disaster preparedness and response planning.

(2) Building and physical premises safety, including identification of and protection from hazards, bodies of water, and vehicular traffic.

(3) Safe sleep practices and prevention of sudden infant death syndrome (SIDS).

(4) Prevention of shaken baby syndrome, abusive head trauma, and child maltreatment.

(5) Transporting children safely.

(6) Infectious diseases in children.

(7) Prevention and response to emergencies due to food and allergic reactions.

(8) Handling and storage of hazardous materials and the appropriate disposal of biocontaminants.

(9) Administration of medication, consistent with parental consent.

(c) (1) The completion of the training required pursuant to this section shall be a condition of licensure.

(2) Training in pediatric first aid and pediatric CPR by persons described in paragraph (1) of subdivision (a) shall be current at all times. Each person described in paragraph (1) of subdivision (a) shall renew their pediatric first aid and pediatric CPR every two years. 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 paragraph (1) of subdivision (a).

(3) A notice of deficiency shall be issued by the department at the time of a site visit to a 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 this section shall be demonstrated, upon request of the licensing agency, by the following:

(1) Current pediatric first aid and pediatric CPR course completion cards issued by the American Red Cross, 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, before September 21, 1998, have completed a course or courses in preventive health practices, as described in clause (i) of 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 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).

(4) A course completion card for a continuing education course or courses, as described in subdivision (b).

(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. This subdivision shall not be interpreted to prohibit approved online courses in pediatric first aid or preventive health practices.

(f) All persons described in paragraph (1) of subdivision (a) and paragraph (2) of subdivision (c) shall maintain current course completion cards for pediatric first aid and pediatric CPR issued by the American Red Cross, 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 federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.).

(h) The department shall adopt regulations to implement this section. 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, interpret, or make specific this section by means of written directives, interim licensing standards, or similar instructions from the department until regulations are adopted. These written directives, interim licensing standards, or similar instructions shall have the same force and effect as regulations until regulations are adopted.