Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of daycare centers, as defined, and family daycare homes, as defined, by the State Department of Social Services. A violation of the act is a crime. Existing law declares the intent of the Legislature to encourage any person who provides childcare in a licensed child daycare facility to have certain elementary health care training, including cardiopulmonary resuscitation and pediatric first aid. Existing law authorizes licensees and staff of a child daycare facility to perform blood glucose testing and administer inhaled medication to a child if specified requirements are met.

Existing law requires school districts, county offices of education, and charter schools to provide emergency epinephrine auto-injectors, as defined, to school nurses and trained personnel who have volunteered to use epinephrine auto-injectors under emergency circumstances, as specified, and authorizes school nurses and trained personnel to use epinephrine auto-injectors to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an anaphylactic reaction.

This bill would require the State Department of Social Services by January 1, 2025, to establish a program to authorize child daycare facilities to keep emergency epinephrine auto-injectors onsite to be administered by trained, volunteer personnel to provide emergency medical aid to a person who is suffering, or reasonably believed to be suffering, from an anaphylactic reaction. The bill would require the department to develop a training program for the participating personnel, which would include components, including, but not limited to, techniques for recognizing symptoms of anaphylaxis and emergency followup procedures.

Existing law authorizes a pharmacy to furnish epinephrine auto-injectors to a school district, county office of education, or charter school if certain requirements are met.

This bill would authorize a pharmacy to furnish epinephrine auto-injectors to the State Department of Health Care Services under the program created pursuant to this bill, subject to similar requirements.

4119.25.

(a) Notwithstanding any other law, a pharmacy may furnish epinephrine auto-injectors to the State Department of Social Services only if the following conditions are met:

(1) The epinephrine auto-injectors are furnished exclusively for use at a child daycare facility participating in the program created by the department pursuant to Section 1596.7985 of the Health and Safety Code.

(2) A physician and surgeon provides a written order that specifies the quantity of epinephrine auto-injectors to be furnished.

(b) Records regarding the acquisition and disposition of epinephrine auto-injectors furnished pursuant to subdivision (a) shall be maintained by the State Department of Social Services for a period of three years from the date the records were created. The department shall be responsible for monitoring the supply of epinephrine auto-injectors and ensuring the destruction of expired epinephrine auto-injectors.

1596.7985.

(a) By January 1, 2025, the department shall establish a program to authorize child daycare facilities to keep emergency epinephrine auto-injectors onsite to be administered by trained personnel to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an anaphylactic reaction. The program shall include training requirements for those employees who volunteer to participate in the program.

(b) For purposes of this section, the following terms have the following meanings:

(1) “Anaphylaxis” means a potentially life-threatening hypersensitivity 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, an insect sting, food allergy, drug reaction, and exercise.

(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. “Epinephrine auto-injector” includes a junior epinephrine auto-injector.

(3) “Volunteer” or “trained personnel” means an employee with a current certificate in pediatric first aid who has volunteered to administer an epinephrine auto-injector to a person who is suffering, or reasonably believed to be suffering, from anaphylaxis, has been designated by a daycare facility, and has received training pursuant to subdivision (c).

(c) (1) The department shall develop, or contract for the development of, a training program for purposes of this section and shall ensure that an individual described in paragraph (3) of subdivision (b) successfully completes that program. The training program shall address, at a minimum, all of the following:

(A) Techniques for recognizing symptoms of anaphylaxis.

(B) Standards and procedures for the storage, restocking, and emergency use of epinephrine auto-injectors.

(C) Emergency followup procedures, including calling the emergency 911 telephone number and contacting, if possible, the child’s parent and physician.

(D) Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation.

(E) Written materials covering the information required under this subdivision.

(2) The training developed 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 the most recent guidelines for medication administration issued by the department.