Bill Text: NY A06971 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to requiring anaphylactic policies for child care services setting forth guidelines and procedures to be followed for both the prevention of anaphylaxis and during a medical emergency resulting from anaphylaxis.
Spectrum: Partisan Bill (Democrat 44-2)
Status: (Passed) 2019-09-12 - SIGNED CHAP.254 [A06971 Detail]
Download: New_York-2019-A06971-Introduced.html
Bill Title: Relates to requiring anaphylactic policies for child care services setting forth guidelines and procedures to be followed for both the prevention of anaphylaxis and during a medical emergency resulting from anaphylaxis.
Spectrum: Partisan Bill (Democrat 44-2)
Status: (Passed) 2019-09-12 - SIGNED CHAP.254 [A06971 Detail]
Download: New_York-2019-A06971-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6971 2019-2020 Regular Sessions IN ASSEMBLY March 29, 2019 ___________ Introduced by M. of A. TAYLOR -- read once and referred to the Committee on Health AN ACT to amend the public health law, the education law and the penal law, in relation to requiring anaphylactic policies for child care services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as "Elijah's Law". 2 § 2. Section 2500-h of the public health law, as added by chapter 579 3 of the laws of 2007, is amended to read as follows: 4 § 2500-h. Anaphylactic policy for [school districts] child care 5 service providers. 1. For purposes of this section "child care service" 6 or "child care service provider" shall mean care for any child under the 7 age of eighteen provided on a regular basis away from the child's resi- 8 dence for less than twenty-four hours per day by someone other than the 9 parent, step-parent, guardian, or relative within the third degree of 10 consanguinity of the parents or step-parents of such child; and shall 11 include, but not be limited to: all public and private elementary and 12 secondary schools; group family day care home, family day care home and 13 school age child care as such terms are defined in section three hundred 14 ninety of the social services law; a day camp as defined in the state 15 sanitary code; an after-school program operated for the purpose of reli- 16 gious education, sports, or recreation; a facility providing day 17 services under an operating certificate issued by the department, the 18 office of mental health or office for people with developmental disabil- 19 ities; a kindergarten, pre-kindergarten or nursery school for children 20 three years of age or older; an after-school program for children oper- 21 ated by a public school district or by a private school or academy which 22 is providing elementary or secondary education or both. 23 2. The commissioner[, in consultation with the commissioner of educa-24tion, shall establish an anaphylactic policy for school districtsEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01766-01-9A. 6971 2 1setting forth guidelines and procedures to be followed for both] shall 2 adopt an anaphylactic policy which shall conform to the Voluntary Guide- 3 lines for Managing Food Allergies In Schools and Early Care and Educa- 4 tion Programs promulgated by the United States department of health and 5 human services for all child care services. Such anaphylactic policy 6 shall be followed for both the prevention of anaphylaxis and during a 7 medical emergency resulting from anaphylaxis. Such anaphylactic policy 8 shall be [developed] implemented after consultation with representatives 9 of pediatric physicians, [school nurses] and other health care providers 10 with expertise in treating children with anaphylaxis, parents of chil- 11 dren with life threatening allergies, [school administrators, teachers,12school food service directors] and appropriate not-for-profit corpo- 13 rations representing allergic individuals at risk for anaphylaxis. 14 [2.] 3. The anaphylactic policy established by [subdivision one of] 15 this section shall include the following: 16 (a) a procedure and treatment plan, including responsibilities for 17 school nurses and other appropriate school personnel and every child 18 care service provider, for responding to anaphylaxis; 19 (b) a training course for appropriate [school] personnel for prevent- 20 ing and responding to anaphylaxis; 21 (c) a procedure and appropriate guidelines for the development of an 22 individualized emergency health care plan for children with a food or 23 other allergy which could result in anaphylaxis; 24 (d) a communication plan for intake and dissemination of information 25 regarding children with a food or other allergy which could result in 26 anaphylaxis; [and] 27 (e) strategies for the reduction of the risk of exposure to anaphylac- 28 tic causative agents, including food and other allergens; 29 (f) a communication plan for discussion with anaphylactic children 30 about foods that are safe and unsafe for the child, and about strategies 31 to avoid exposure to unsafe food; and 32 (g) a requirement that each child care service provider shall have an 33 onsite mechanism, including but not limited to auto injectors that are 34 current and not expired, that will immediately reduce the effects of any 35 life-threatening allergies. 36 [3. On or before June thirtieth, two thousand eight] 4. Six months 37 after the effective date of the chapter of the laws of two thousand 38 nineteen that amended this section, an anaphylactic policy shall be 39 jointly forwarded by the commissioner and the commissioner of education 40 to each [local school board of education, charter school, and board of41cooperative educational services] child care service provider in the 42 state. [Each such board and charter school] Every child care service 43 provider shall [consider and take action in response to] implement such 44 anaphylactic policy within ninety days of receiving such anaphylactic 45 policy from such commissioners. 46 5. (a) Any willful or negligent violation of this section by a child 47 care service provider shall result in a civil penalty not to exceed five 48 thousand dollars for each violation. 49 (b) If a child care service provider fails to implement the guidelines 50 and anaphylactic policy pursuant to this section, such child care 51 service provider's license or registration shall be revoked. A child 52 care service provider may, by written request to the commissioner and in 53 the commissioner's discretion, be granted an extension of time to imple- 54 ment the anaphylactic policy required pursuant to this section. 55 6. The commissioner, in consultation with the commissioner of educa- 56 tion and the commissioner of the office of children and family servicesA. 6971 3 1 shall develop and implement a plan for reporting, inspecting and moni- 2 toring of child care services to ensure compliance with this section. 3 § 3. Paragraph (f) of subdivision 2 of section 3000-c of the public 4 health law, as added by chapter 373 of the laws of 2016, is amended to 5 read as follows: 6 (f) [Nothing in] The provisions of this section shall not require 7 [any] an eligible person or entity which is not a child care service as 8 defined in section twenty-five hundred-h of this chapter to acquire, 9 possess, store, make available, or administer an epinephrine auto-injec- 10 tor. 11 § 4. Section 921-a of the education law, as amended by chapter 200 of 12 the laws of 2017, is amended to read as follows: 13 § 921-a. On-site epinephrine auto-injector. 1. School districts, 14 boards of cooperative educational services, county vocational education 15 and extension boards, charter schools, and non-public elementary and 16 secondary schools in this state [may] shall provide and maintain on-site 17 in each instructional school facility epinephrine auto-injectors in 18 quantities and types deemed by the commissioner, in consultation with 19 the commissioner of health, to be adequate to ensure ready and appropri- 20 ate access for use during emergencies to any student or staff having 21 anaphylactic symptoms whether or not there is a previous history of 22 severe allergic reaction. 23 2. School districts, boards of cooperative educational services, coun- 24 ty vocational education and extension boards, charter schools, and non- 25 public elementary and secondary schools in this state, any person 26 employed by any such entity, or employed by a contractor of such an 27 entity while performing services for the entity may administer epineph- 28 rine auto-injectors in the event of an emergency pursuant to the 29 requirements of section three thousand-c of the public health law. 30 § 5. Section 260.10 of the penal law is amended by adding a new subdi- 31 vision 4 to read as follows: 32 4. Being a child care service provider, he or she fails to comply with 33 the provisions of the anaphylactic policies adopted by the commissioner 34 of health pursuant to section twenty-five hundred-h of the public health 35 law, including the required availability and use of an epinephrine auto- 36 injector, which results in harm to a child under the care of such child 37 care service provider. 38 § 6. This act shall take effect immediately.
