Bill Text: NY A06971 | 2019-2020 | General Assembly | Amended

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-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         6971--A
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 29, 2019
                                       ___________
        Introduced by M. of A. TAYLOR -- read once and referred to the Committee
          on  Health -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
        AN ACT to amend the public health law, in relation to requiring  anaphy-
          lactic 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 and child care
     5  providers. 1.  The commissioner, in consultation with  the  commissioner
     6  of education and the commissioner of children and family services, shall
     7  establish  [an]  anaphylactic [policy] policies for school districts and
     8  child day care providers as defined in section three hundred  ninety  of
     9  the  social  services  law setting forth guidelines and procedures to be
    10  followed for both the prevention of anaphylaxis  and  during  a  medical
    11  emergency  resulting  from  anaphylaxis.  Such policy shall be developed
    12  after consultation with representatives of pediatric physicians,  school
    13  nurses  and other health care providers with expertise in treating chil-
    14  dren with anaphylaxis, parents of children with life threatening  aller-
    15  gies,  [school  administrators, teachers, school food service directors]
    16  and appropriate not-for-profit corporations representing allergic  indi-
    17  viduals at risk for anaphylaxis, and school and child day care personnel
    18  including  administrators,  teachers,  and  food  service  directors. In
    19  establishing policies under this section, the commissioner shall consid-
    20  er the voluntary guidelines for managing food allergies in  schools  and
    21  early care and education programs issued by the United States department
    22  of health and human services, to the extent appropriate for the setting.
    23    2.  The anaphylactic [policy] policies established [by] under subdivi-
    24  sion one of this section shall include the following:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01766-05-9

        A. 6971--A                          2
     1    (a) a procedure and treatment plan, including emergency protocols  and
     2  responsibilities  for  school  nurses  and  other appropriate school and
     3  child day care personnel, for responding to anaphylaxis;
     4    (b)  a  training  course  for  appropriate  school  and child day care
     5  personnel for preventing and responding to anaphylaxis;
     6    (c) a procedure and appropriate guidelines for the development  of  an
     7  individualized  emergency  health  care plan for children with a food or
     8  other allergy which could result in anaphylaxis;
     9    (d) a communication plan for intake and dissemination  of  information
    10  regarding  children  with  a food or other allergy which could result in
    11  anaphylaxis; [and]
    12    (e) strategies for the reduction of the risk of exposure to anaphylac-
    13  tic causative agents, including food and other allergens;
    14    (f) a communication plan for discussion with children about foods that
    15  are safe and unsafe and about strategies to  avoid  exposure  to  unsafe
    16  food;
    17    (g)  a  discussion  of methods, treatments and therapies to reduce the
    18  risk of allergic reactions, including anaphylaxis; and
    19    (h) procedures by which a summary  of  the  voluntary  guidelines  and
    20  anaphylactic  policy  will be provided, at least once per calendar year,
    21  to the parents and/or guardians of all children under the care of  child
    22  care services providers.
    23    3. [On or before June thirtieth, two thousand eight] Within six months
    24  of  the  effective date of the chapter of the laws of two thousand nine-
    25  teen which amended this section, [an] the anaphylactic [policy] policies
    26  established under this section shall be jointly forwarded by the commis-
    27  sioner [and], the commissioner of  education  and  the  commissioner  of
    28  children  and  family  services to each local school board of education,
    29  charter school, [and] board  of  cooperative  educational  services  and
    30  child  day  care  service  provider, as defined in section three hundred
    31  ninety of the social services law, in the state. Each  such  [board  and
    32  charter  school]  entity  shall [consider and take action in response to
    33  such] implement an anaphylactic policy within six  months  of  receiving
    34  the anaphylactic policies.
    35    4.  The  anaphylactic  policy  established  by  this  section shall be
    36  updated at least once every three  years,  or  more  frequently  if  the
    37  commissioner  determines  it  to  be  necessary  or  desirable  for  the
    38  protection of children with a food allergy or other allergy which  could
    39  result in anaphylaxis.
    40    §  3. This act shall take effect immediately; provided that the amend-
    41  ments to subdivision 3 of section 2500-h of the public health  law  made
    42  by  section  one  of  this act shall take effect one year after this act
    43  shall have become a law. Effective immediately, the addition,  amendment
    44  and/or repeal of any rule or regulation necessary for the implementation
    45  of  this  act  on  its  effective  date  are  authorized  to be made and
    46  completed on or before such effective date.
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