Section 1596.798 Of Article 1. General Provisions And Definitions From California Health And Safety Code >> Division 2. >> Chapter 3.4. >> Article 1.
1596.798
. (a) Notwithstanding any other provision of law, licensees
and staff of a child day care facility may administer inhaled
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 minor's parent or legal guardian to administer
inhaled medication and authorization to contact the child's health
care provider. The authorization shall include the telephone number
and address of the minor's parent or legal guardian.
(2) The licensee or staff person complies with specific written
instructions from the child's physician to which all of the following
shall apply:
(A) The instructions shall contain all of the following
information:
(i) Specific indications for administering the medication pursuant
to the physician's prescription.
(ii) Potential side effects and expected response.
(iii) Dose-form and amount to be administered pursuant to the
physician's prescription.
(iv) Actions to be taken in the event of side effects or
incomplete treatment response pursuant to the physician's
prescription.
(v) Instructions for proper storage of the medication.
(vi) The telephone number and address of the child's physician.
(B) The instructions shall be updated annually.
(3) The licensee or staff person that administers the inhaled
medication to the child shall record each instance and provide a
record to the minor'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 physician. 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 inhaled medication has been instructed to administer
inhaled medication by the child's parent or 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 care 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 day care pursuant to Chapter 2
(commencing with Section 8200) of Part 6 of the Education Code in a
public school setting to administer inhaled medication.