French Public Health Code
In forceI.-The professional in a childcare facility for young children referred to in article L. 2111-3-1, who may administer medical care or treatment to a child in his care, at the request of the holder(s) of parental authority or legal representative(s), is, depending on the childcare facility:
1° A professional in a childcare facility for young children with one of the qualifications mentioned in articles R. 2324-34, R. 2324-35 and R. 2324-42 ;
2° An approved childminder taking in the child under a childcare contract;
3° A home childminder mentioned in 3° of I of article L. 214-1-1 of the Code de l'action sociale et des familles to whom the child is entrusted under an employment contract.
The professional administering the treatment must be fluent in French.
The childcare professional administering medical care or treatment at the request of the holder(s) of parental authority or legal representative(s) must comply with the procedures for providing specific, occasional or regular care, specified in the written protocol referred to in 3° of II of article R. 2324-30 of this code and which have been explained to him/her by the "Health and Inclusive Childcare" referent referred to in article R. 2324-39. When this professional is an approved childminder employed by a private individual or a home childcare professional, the procedures for providing medical care or treatment are described in an appendix to the employment contract, which may be drawn up with the assistance of the departmental maternal and child protection service.
II.Before administering medical care or treatment, the childcare professional will carry out the following checks:
1° The doctor has not expressly prescribed the intervention of a medical auxiliary;
2° The holder(s) of parental authority or legal representative(s) of the child have expressly authorised this medical care or treatment in writing;
3° The medication or necessary equipment has been provided by the holder(s) of parental authority or legal representative(s) of the child;
4° The childcare professional carrying out the medical care or treatment has the medical prescription prescribing the care or treatment, or a copy thereof, and complies with this prescription;
5° The holder(s) of parental authority or legal representative(s) of the child and, where applicable, the "Health and Inclusive Childcare" referent mentioned in article R. 2324-39, have previously explained to the childcare professional the procedure he or she is being asked to perform.
III -Each procedure is immediately recorded in a dedicated register specifying:
1° The child's name;
2° The date and time of the procedure;
3° The name of the childcare professional who performed the procedure and, where applicable, the name of the medication administered and the dosage.
