A. A family day provider and substitute provider shall be 18 years of age or older.

B. A family day assistant shall be 14 years of age or older.

C. A family day provider, assistant or assistants and substitute provider shall be able to read, write, understand and carry out the responsibilities in the Requirements for Providers.

D. A family day provider and substitute provider shall live in a county, city, or town that does not have a local ordinance for the regulation or licensure of family day homes.

E. A family day provider that is voluntarily registered pursuant to § 22.1-289.015 of the Code of Virginia shall not be required by law to be licensed. Family day homes serving five through 12 children younger than the age of 13 years, exclusive of the provider's own children and any children who reside in the home, shall be licensed.

F. The administration of undesignated or stock epinephrine may be performed by a caregiver who (i) meets the requirements in 8VAC20-850-110 C, (ii) has satisfactorily completed a training course developed or approved by the Department of Education in consultation with the Department of Health or (iii) has satisfactorily completed a course taught by a registered nurse, licensed practical nurse, nurse practitioner, physician assistant, doctor of medicine or osteopathic medicine, or pharmacist that includes the following:

1. Recognizing signs and symptoms of anaphylaxis;

2. Emergency procedures for responding to anaphylaxis; and

3. Instructions and procedures for the administration of epinephrine.

G. When medication is administered pursuant to § 22.1-289.059 of the Code of Virginia, the requirements in 8VAC20-850-90 C 9, and 8VAC20-850-110 C, shall not apply.

H. The provider or at least one other caregiver shall receive training in the administration of epinephrine pursuant to subsection F of this section at three-year intervals.

A. The provider's records shall be open for inspection by authorized representatives of the contracting organizations and the department.

B. The provider shall maintain on file a signed statement from each parent, affirming receipt of the information to parents statement.

C. The provider shall maintain an individual record for each child enrolled in care. This record shall include:

1. The child's full name (including nicknames, if any), address and birth date;

2. Name, address and telephone number of each parent or other responsible person or persons;

3. Name, address and telephone number of each parent's place of employment and his or her work hours;

4. Name, address and telephone number of one or more persons designated by the parent or parents to be called in case of emergency when a parent cannot be reached during the hours the child is in care;

5. Name, address and telephone number of the child's physician;

6. Any known or suspected allergies and any chronic or recurrent diseases or disabilities;

7. The child's allergies to medication or drugs, if applicable, and directions for providing medicines to the child;

8. The name of the parent's hospitalization plan and number or medical assistance plan, if applicable;

9. The parent's signed authorization for the child's emergency medical treatment and written consent for giving of medications to the child;

10. Whether the provider stores an appropriate weight-based dosage of undesignated or stock epinephrine in the residence or home in which the family day home operates as required by § 22.1-289.059 of the Code of Virginia; and

10 11. The child's date of enrollment in and date of withdrawal from the family day home, when applicable;

11 12. Results of the health examination and up-to-date immunization records of each child unless there is record of a medical or religious exemption;

12 13. Names of persons authorized to visit or call for the child, as well as those who are not to visit or call for the child;

13 14. A record of any accidents and injuries sustained by a child;

14 15. The parent's signed authorization to use a substitute provider and his or her name, address, and phone number;

15 16. The parent's signed authorization to transport children and to take trips out of the immediate community;

16 17. Any written agreement made between the family day provider and the natural parent, guardian, or other responsible person for each child in care. The agreement may cover hours of care per day, week, or month; cost of care per day, week, or month; frequency and amount of payment per day, week, or month; and any special services to be provided by either party to the agreement.

D. The emergency contact information listed in subdivisions C 2 through C 5 of this section shall be made available to a physician, hospital or emergency care unit in the event of a child's illness or injury.

E. Whenever the provider leaves the home with the child or children, the provider shall have the emergency contact information and medical information required by subdivisions C 1 through C 9 of this section in the caregiver's possession.

F. The family day provider shall not disclose or permit the use of information pertaining to an individual child or family unless the parent or parents or guardian or guardians of the child has granted written permission to do so, except in the course of performance of official duties and to employees or representatives of the contracting organization or the department.