Willowcreek Academy

Willowcreek Academy

8171 Linton Hall Rd.

Gainesville VA, 20155

703-754-7767

To Whom it may concern,

This letter is in response to the recent proposed changes regarding Child Care Centers and the use of epinephrine. Specifically, that Child Care Centers should stock epinephrine on hand for children with an undiagnosed allergy.

The proposed changes are creating an unreasonable expectation for childcare centers and staff who are already dealing with a variety of state changes that have yet to show benefit to childcare centers or the families they serve.

The proposed regulation would require that non-physicians diagnose an allergic reaction correctly within seconds.  The proposed regulation would require that non-pharmacists administer the correct dosage of a prescription medication without a parent’s consent.

There are multiple court cases such as Van Horn v. Watson (2008) or Carter v. Reese (2016) discussing how jumping in medically is not always the best practice.

While the Good Samaritan law can be argued, it is only used as a defense when you are already going to court. This means that an action has already been taken and multiple lives turned upside down.  In the current political climate, where citizens are more eager to sue for monetary gains, versus except black and white facts, this proposed regulation I fear will be impacting the lives and decisions of many childcare providers.  Childcare providers and owners will be forced to live with the fear of being sued for doing the right thing or the wrong thing.  This in turn could make the heartbreaking decision for many dedicated child care workers, who (through no fault of their own) may choose to leave due to the looming fear of being sued for trying to do what they thought was right. 

For the companies running these childcare centers, it means insurance rates will go up or insurance companies will drop coverage all together considering it to risky.  This will create a domino effect where childcare centers will either be forced to close or no longer accept children on governmental assistance who are identified as some of the most ask risk children.

This proposed regulation exposes Child Care centers and center staff to Legal Liability for administering a non-prescription drug to a child without a physician or parent consent regardless of outcome. Not to mention  impacts various Standards For Child Day Centers: 8VAC20-780-510 B.2. Only with written authorization from the parent, G. Medication shall be labeled with the child’s name, name of medication, dosage amount, and time to be given...and almost two more pages of standards.

This proposed regulation does not currently offer any protection for child care centers and staff and poses numerous risks to the operation and safety of all of those involved in the care and guidance of young children.  I hope that the state will reevaluate this proposed change and take in to consideration all of the aspects listed above.

Sincerely,

Lisa Livermore, M.A. Ed.

Director