The regulation in regards to Stock Epinephrine is  not yet fully developed and requires further regulatory guidance before including in the Draft Standards.  

All licensed Child Day Centers  in the state are currently required to have written policies regarding  many important subject matters (i.e, safe sleep practices, medication, and food allergies).  For most of these subject matters additional and specific regulatory guidance is also provided in the Standards, outlining what should be included in our policies and procedures. 

As currently written the Proposed Standards would require all Centers to also develop and implement policies and procedures that vaguely and ambiguously “meet the requirements of 22.1.289.059”  of the Code of Virginia.  This law addresses stocking epinephrine in every Center for children without a previously diagnosed allergy.

We understand that both stock epi is the law in Virginia.  However, no further regulatory guidance or mechanism for compliance is provided by the Draft Standards.  This predicament would leave Centers to interpret legislation and then create the policy and procedures with many unanswered questions (i.e., how do we acquire an epi pen without a prescription? how much do they cost?  what is the burden on centers? the requirement actually conflicts with other sections of the Standards requiring a signed authorization from a provider for all prescription medication). 

In its June 22, 2023, ECCE Legislative Lunch and Learn, Department representatives acknowledged that important work remains before implementation is feasible.  Simply put,  this approach would suggest Virginia is not actually ready to implement these policies, but would still create confusion by including a requirement for additional written policies at this time.