Bill Text: CA AB290 | 2013-2014 | Regular Session | Chaptered
Bill Title: Child day care: childhood nutrition training.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-10-11 - Chaptered by Secretary of State - Chapter 734, Statutes of 2013. [AB290 Detail]
Download: California-2013-AB290-Chaptered.html
BILL NUMBER: AB 290 CHAPTERED
BILL TEXT
CHAPTER 734
FILED WITH SECRETARY OF STATE OCTOBER 11, 2013
APPROVED BY GOVERNOR OCTOBER 11, 2013
PASSED THE SENATE SEPTEMBER 6, 2013
PASSED THE ASSEMBLY SEPTEMBER 9, 2013
AMENDED IN SENATE SEPTEMBER 3, 2013
AMENDED IN SENATE MAY 20, 2013
INTRODUCED BY Assembly Member Alejo
FEBRUARY 11, 2013
An act to amend Sections 1596.865, 1596.866, and 1596.8661 of the
Health and Safety Code, relating to child day care.
LEGISLATIVE COUNSEL'S DIGEST
AB 290, Alejo. Child day care: childhood nutrition training.
Existing law, the California Child Day Care 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 preventive health practices courses. Existing
law requires the Emergency Medical Services Authority to establish
minimum standards for that training.
This bill would provide that, for licenses issued on or after
January 1, 2016, a director or teacher who receives the health and
safety training shall also have at least one hour of childhood
nutrition training as part of the preventive health practices course
or courses. The bill would require the childhood nutrition training
to include content on age-appropriate meal patterns, as specified,
and information about reimbursement rates for the federal Child and
Adult Care Food Program (CACFP), and would direct child care
providers to the CACFP Unit of the State Department of Education for
detailed information on CACFP eligibility and enrollment. The bill
would authorize the Emergency Medical Services Authority to establish
standards for the childhood nutrition training through bulletin or
similar instructions from the director until regulations are adopted.
This bill would also make legislative findings and declarations.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Nearly 25 percent of California's preschool age children are
overweight or obese and at risk of developing chronic diseases, which
contribute to escalating health care costs.
(b) Child care participation in the United States is at an
all-time high. There are more than 45,000 licensed child care
facilities in California that serve over one million children.
(c) Research demonstrates that taste preferences and lifelong
nutrition habits are formed during the early childhood years.
(d) Research shows that the diets of most children in the United
States do not meet the recommendations of the Dietary Guidelines for
Americans. Children's diets tend to be low in fruits, vegetables,
calcium-rich foods, and fiber and high in total fats, saturated and
trans fats, salt, and added sugar.
(e) Research supports that training for child care providers can
improve the quality of early childhood programs.
(f) The state has a strong policy and financial involvement in the
licensed child care system and in the health and safety of children
while they are engaged in that system.
(g) It is the intent of the Legislature to establish an effective
date for the requirements of this act that provides sufficient time
for the Emergency Medical Services Authority to develop and approve
adequate childhood nutrition training standards using existing
processes and procedures and to avoid excessive costs and burden on
the authority.
SEC. 2. Section 1596.865 of the Health and Safety Code is amended
to read:
1596.865. It is the intent of the Legislature to encourage any
person who provides child care in a child day care facility licensed
pursuant to this chapter, Chapter 3.5 (commencing with Section
1596.90), or Chapter 3.6 (commencing with Section 1597.30) to have
the following elementary health care training:
(a) Cardiopulmonary resuscitation.
(b) Pediatric first aid.
(c) Preventive health practices, including food preparation,
childhood nutrition, and sanitation practices that support overall
health and reduce the spread of infectious diseases.
SEC. 3. Section 1596.866 of the Health and Safety Code is amended
to read:
1596.866. (a) (1) In addition to other required training, at
least one director or teacher at each day care center, and each
family day care home licensee who provides care, shall have at least
15 hours of health and safety training, and if applicable, at least
one additional hour of training pursuant to clause (ii) of
subparagraph (C) of paragraph (2).
(2) The 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, and prevention of
childhood injuries.
(ii) For licenses issued on or after January 1, 2016, at least one
director or teacher at each day care center, and each family day
care home licensee who provides care, 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, caring for children
with special needs, and identification and reporting of signs and
symptoms of child abuse.
(b) Day care center directors and licensees of family day care
homes shall ensure that at least one staff member who has a current
course completion card in pediatric first aid and pediatric CPR
issued by the American Red Cross, the American Heart Association, or
by a training program that has been approved by the Emergency Medical
Services Authority pursuant to this section and Section 1797.191
shall be onsite at all times when children are present at the
facility, and shall be present with the children when children are
offsite from the facility for facility activities. Nothing in this
subdivision shall be construed to require, in the event of an
emergency, additional staff members, who are onsite when children are
present at the facility, to have a current course completion card in
pediatric first aid and pediatric CPR.
(c) (1) The completion of health and safety training by all
personnel and licensees described in subdivision (a) shall be a
condition of licensure.
(2) Training in pediatric first aid and pediatric CPR by persons
described in subdivisions (a) and (b) shall be current at all times.
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 subdivision (a).
(3) The department shall issue a provisional license for otherwise
qualified applicants who are not in compliance with this section.
This provisional license shall expire 90 days after the date of
issuance and shall not be extended.
(4) A notice of deficiency shall be issued by the department at
the time of a site visit to any 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 subdivisions
(a) and (b) 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, prior to the date on which the amendments to this
section enacted in 1998 become operative, 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 to be 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).
(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.
(f) All personnel and licensees described in subdivisions (a) and
(b) 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 Americans with Disabilities Act of 1990 (42
U.S.C. Sec. 12101 et seq.).
(h) The department shall adopt regulations to implement this
section.
SEC. 4. Section 1596.8661 of the Health and Safety Code is amended
to read:
1596.8661. (a) For purposes of the training required pursuant to
paragraph (4) of subdivision (a) of Section 1596.798, pediatric first
aid training pursuant to Section 1596.866 shall include a component
of training in the administration of inhaled medication described in
paragraph (4) of subdivision (a) of Section 1596.798.
(b) The Emergency Medical Services Authority shall establish,
consistent with Section 1797.191, minimum standards for a component
of pediatric first aid training that satisfies the requirements of
paragraph (4) of subdivision (a) of Section 1596.798. For purposes of
this subdivision, the Emergency Medical Services Authority is
encouraged to consult with organizations and providers with expertise
in administering inhaled medication and nebulizer care, including,
but not limited to, the American Lung Association, respiratory
therapists, and others.
(c) For purposes of the training required pursuant to clause (ii)
of subparagraph (C) of paragraph (2) of subdivision (a) of Section
1596.866, instruction in childhood nutrition shall be at least one
hour in length and shall include content on age-appropriate meal
patterns based on the most current Dietary Guidelines for Americans.
In order to increase child care providers' capacity to serve healthy
foods at a lower cost, the training shall contain information about
reimbursement rates for the United States Department of Agriculture's
Child and Adult Care Food Program (CACFP) (7 C.F.R. 226.20), and
shall direct child care providers to the CACFP Unit of the Nutrition
Services Division of the State Department of Education for detailed
information on CACFP eligibility and enrollment.
(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 Emergency Medical Services Authority may, through bulletin or
similar instructions from the director until regulations are adopted,
establish standards for the training in childhood nutrition required
pursuant to clause (ii) of subparagraph (C) of paragraph (2) of
subdivision (a) of Section 1596.866.
