Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child day care facilities by the State Department of Social Services. Under the act, "child day care facility" is defined to mean a facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. For purposes of the act, a child day care facility includes a day care center, an employer-sponsored child care center, and a family day care home. The act requires that, as a condition of licensure and in addition to any other required training, at least one director or teacher at each day care center, and each family day care home licensee who provides care, have at least 15 hours of health and safety training, covering specified components, including preventative health practices courses. Under existing law, a violation of the act is a crime.
This bill would require the State Department of Social Services, in consultation with the Emergency Medical Services Authority (EMSA) and State Department of Education, on or before July 1, 2027, to establish an anaphylactic policy that sets forth guidelines and procedures recommended for child day care personnel to prevent a child from suffering from anaphylaxis and to be used during a medical emergency resulting from anaphylaxis. The bill would authorize a child day care facility to implement the anaphylactic policy on and after January 1, 2028, and would, on and after January 1, 2028, require a child day care facility that adopts the anaphylactic policy to notify the parent or guardian of a child of the policy upon enrollment.
This bill would require EMSA to 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, as specified.
The bill would require the State Department of Social Services and the State Department of Education, on or before September 1, 2027, to publish the anaphylactic policy on each of their internet websites.
This bill would require, on and after January 1, 2026, individuals required to receive health and safety training under the act obtain training in a pediatric first aid or pediatric cardiopulmonary resuscitation (CPR) course that includes instruction on the prevention and treatment of anaphylaxis. The bill would require, on and after January 1, 2028, a pediatric first aid and pediatric CPR training course to include instruction in the prevention and treatment of anaphylaxis, including the emergency use of epinephrine auto-injectors.
Because a willful or repeated violation of the bill by a child day care facility would be a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Statutes affected:
AB2317: 1596.866 HSC
08/23/24 - Amended Senate: 1596.866 HSC, 1596.866 HSC
09/05/24 - Enrolled: 1596.866 HSC
09/25/24 - Chaptered: 1596.866 HSC