Health and Safety Code § 1596.798

1596.798.

(a) Notwithstanding any other law, licensees and staff of a child daycare facility may administer medication to a child if all of the following requirements are met:

(1) The licensee or staff person has been provided with written authorization from the child’s parent or legal guardian to administer medication and authorization to contact the child’s health care provider. The authorization shall include the telephone number and address of the child’s parent or legal guardian.

(2) The licensee or staff person complies with specific written instructions from the child’s health care provider, to which all of the following shall apply:

(A) The instructions shall contain all of the following information:

(i) The name of the medication.

(ii) Specific indications for administering the medication pursuant to the health care provider’s prescription.

(iii) Potential side effects and expected response.

(iv) Method, amount, and time schedule by which the medication is to be administered pursuant to the health care provider’s prescription.

(v) Actions to be taken in the event of side effects or incomplete treatment response pursuant to the health care provider’s prescription.

(vi) Instructions for proper storage of the medication.

(vii) The telephone number and address of the child’s health care provider.

(B) The instructions shall be updated annually.

(3) The licensee or staff person that administers the medication to the child shall record each instance and provide a record to the child’s parent or legal guardian on a daily basis.

(4) Beginning January 1, 2000, a licensee or staff person who obtains or renews a pediatric first aid certificate pursuant to Section 1596.866 shall complete formal training designed to provide instruction in administering inhaled medication to children with respiratory needs. This training shall include, but not be limited to, training in the general use of nebulizer equipment and inhalers, how to clean the equipment, proper storage of inhaled medication, how a child should respond to inhaled medication, what to do in cases of emergency, how to identify side effects of the medication, and when to notify a parent or legal guardian or health care provider. This training shall be a component in the pediatric first aid certificate requirement as provided in Section 1596.8661.

(5) For a specified child, the licensee or staff person who administers medication has been instructed in writing to administer medication by the child’s parent or legal guardian.

(6) Beginning January 1, 2000, any training materials pertaining to nebulizer care that licensees or staff receive in the process of obtaining or renewing a pediatric first aid certificate pursuant to paragraph (4) shall be kept on file at the child daycare facility. The materials shall be made available to a licensee or staff person who administers inhaled medication. This requirement shall only apply to the extent that training materials are made available to licensees or staff who obtain or renew a pediatric first aid certificate pursuant to paragraph (4) .

(b) For purposes of this section, inhaled medication shall refer to medication prescribed for the child to control lung-related illness, including, but not limited to, local held nebulizers.

(c) Nothing in this section shall be interpreted to require a certificated teacher who provides daycare pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of the Education Code in a public school setting to administer medication.

(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, 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 the adoption of regulations.