Cal. HSC § 1596.7985 — California Code / Code hsc / Division 2 / Chapter 3.4 / Article 1 / Section 1596.7985
Section 1596.7985
Status: in_force

(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 daycare facility trained staff to prevent a child from suffering from anaphylaxis and to be used during a medical emergency resulting from anaphylaxis.

(2) The anaphylactic policy shall be developed in consultation with representatives from all of the following:

(A) Pediatric health care providers with expertise in treating children with anaphylaxis.

(B) Parents of children with life-threatening allergies.

(C) Child daycare facility administrators and staff.

(D) Not-for-profit corporations that represent allergic individuals at risk for anaphylaxis.

(3) In developing the anaphylactic policy, the department shall consider existing requirements and current and best practices for child daycare 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 daycare facilities.

(4) The anaphylactic policy shall include all of the following:

(A) (i) A process for a child daycare 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 daycare 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 daycare 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 daycare facility staff shall include, but not be limited to, all of 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 follow-up procedures, including calling the emergency 911 telephone number and contacting, if possible, the child’s parent or guardian and health care provider.

(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 daycare 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 daycare 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.

(5) 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 (4) 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.

(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) (1) On and after January 1, 2028, a child daycare facility shall comply with the anaphylactic policy developed by the department pursuant to paragraph (1) of subdivision (a).

(2) On and after January 1, 2028, upon enrollment of a child at a child daycare facility, and annually thereafter, the child daycare facility shall notify the parent or guardian of the anaphylactic policy developed by the department pursuant to paragraph (1) of subdivision (a). The notice shall include contact information for a parent or guardian to engage further with the child daycare 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.

(d) This section shall not be construed to preempt, modify, or amend a child daycare 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.

(e) 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.

(f) 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, or other epinephrine delivery systems approved for general use by the United States Food and Drug Administration.

(3) “Trained staff” means an employee of a child daycare facility, as defined in Section 1596.750, who has volunteered to administer epinephrine auto-injectors to a child in care who 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(4) of subdivision (a).