Cal. Code Regs. tit. 22 § 83075

Current through Register 2024 Notice Reg. No. 20, May 17, 2024
Section 83075 - [Operative 7/1/2024] Health-Related Services
(a) In addition to Section 80075, the following shall apply.
(b) When a child shows signs of serious illness or injury, the licensee shall have the nature of the illness or injury determined by a physician as quickly as possible.
(c) Whenever a child is exposed to a serious communicable disease, or has any illness or injury which requires medical treatment or for which the cause is unknown, the licensee shall be responsible for ensuring that the child's immediate medical needs are met.
(1) As soon as the child's immediate needs are met, the licensee shall notify the child's authorized representative.
(d) Notwithstanding the requirements of Section 80075(d), when a child is unable to determine and/or communicate their need for a prescription or nonprescription PRN medication, the licensee may assist the child without contacting the child's physician prior to each dose provided that all of the following conditions are met:
(1) The child's physician has recommended or prescribed the medication and provided written instructions for its use in at least the level of detail specified in Sections 80075(c)(1) and (e).
(2) The date, time and content of the physician contact required in Section 83075(d)(1) shall be documented and maintained in the child's file.
(3) The date and time each PRN medication dosage was taken, the exact symptoms for which it was given, the dosage taken and the child's response shall be documented and maintained in the child's record.
(4) The medication is given according to the physician's directions.
(e) When providing family health care, the licensee shall ensure that the child's physician or designated registered nurse has assigned the specific task(s) and has provided adequate practical and written instruction.
(1) The date, time and content of the initial contact with the physician or nurse shall be documented and maintained in the child's file.
(f) Any time a child is in the home, at least one of the persons providing regular and routine direct care and supervision to the child shall have received current training in First Aid and Cardio Pulmonary Resuscitation (CPR). Training shall be obtained from an agency offering such training including, but not limited to, the American Red Cross, and shall be appropriate to the child's age and needs.
(1) The caregiver shall complete First Aid and CPR training in addition to training which increases understanding of, and skill in, caring for children.
(2) The licensee shall maintain copies of current First Aid and CPR certificates.
(g) Psychotropic medication shall only be used in accordance with the written directions of the physician prescribing the medication and in accordance with authorization requirements specified in Sections 369.5(a)(1) and 739.5(a)(1) of the Welfare and Institutions Code and Section 83070(b)(11).
(1) Psychotropic medications may be administered without court order or parental authorization in an emergency. Emergency procedures are specified in California Rules of Court, rule 5.640.
(h) Procedures for a child's medication refusal shall be as specified in Section 83070(b)(12)(G)1.
(i) The licensee shall allow access to, and assist a child in accessing age-appropriate, medically accurate information as defined in Education Code section 51931(f) about reproductive health care, and the prevention, diagnosis and treatment of pregnancy and sexually transmitted diseases and infections.
(1) The licensee shall not create or enforce policies requiring children to practice abstinence.

Cal. Code Regs. Tit. 22, § 83075

Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1507, 1507.6(b)(1), 1530.6 and 1531, Health and Safety Code; Section 51931, Education Code; Sections 369, 369.5(a)(1), 739.5(a)(1) and 16001.9, Welfare and Institutions Code; and Rule 5.640, California Rule of Court.

Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1507, 1507.6(b)(1), 1530.6 and 1531, Health and Safety Code; Section 51931, Education Code; Sections 369, 369.5(a)(1), 739.5(a)(1) and 16001.9, Welfare and Institutions Code; and Rule 5.640, California Rule of Court.

1. New subsections (e)-(f)(1) filed 5-14-97; operative 6-13-97 (Register 97, No. 20).
2. New subsections (d)-(d)(4) and amendment of Note filed 5-15-97; operative 6-15-97 (Register 97, No. 20).
3. Amendment of subsection (f), new subsection (f)(1), subsection renumbering and amendment of Note filed 7-9-2008; operative 8-8-2008 (Register 2008, No. 28).
4. New subsections (g)-(h) and amendment of Note filed 5-20-2020; operative 7/1/2020 (Register 2020, No. 21).
5. New subsections (i)-(i)(1) and amendment of Note filed 6-9-2022; operative 10/1/2022 (Register 2022, No. 23). Filing deadline specified in Government Code section 11349.3(a)extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
6. Amendment of subsection (d) filed 3-1-2024; operative 7/1/2024 (Register 2024, No. 9).