Bill Text: NY S00218 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 2-0)

Status: (Passed) 2019-09-12 - SIGNED CHAP.254 [S00218 Detail]

Download: New_York-2019-S00218-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         218--A
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
          printed to be committed  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.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01766-06-9
        S. 218--A                           2
     1    2. The anaphylactic [policy] policies established [by] under  subdivi-
     2  sion one of this section shall include the following:
     3    (a)  a procedure and treatment plan, including emergency protocols and
     4  responsibilities for school nurses  and  other  appropriate  school  and
     5  child day care personnel, for responding to anaphylaxis;
     6    (b)  a  training  course  for  appropriate  school  and child day care
     7  personnel for preventing and responding to anaphylaxis;
     8    (c) a procedure and appropriate guidelines for the development  of  an
     9  individualized  emergency  health  care plan for children with a food or
    10  other allergy which could result in anaphylaxis;
    11    (d) a communication plan for intake and dissemination  of  information
    12  regarding  children  with  a food or other allergy which could result in
    13  anaphylaxis; [and]
    14    (e) strategies for the reduction of the risk of exposure to anaphylac-
    15  tic causative agents, including food and other allergens;
    16    (f) a communication plan for discussion with children about foods that
    17  are safe and unsafe and about strategies to  avoid  exposure  to  unsafe
    18  food;
    19    (g)  a  discussion  of methods, treatments and therapies to reduce the
    20  risk of allergic reactions, including anaphylaxis; and
    21    (h) procedures by which a summary  of  the  voluntary  guidelines  and
    22  anaphylactic  policy  will be provided, at least once per calendar year,
    23  to the parents and/or guardians of all children under the care of  child
    24  care services providers.
    25    3. [On or before June thirtieth, two thousand eight] Within six months
    26  of  the  effective date of the chapter of the laws of two thousand nine-
    27  teen which amended this section, [an] the anaphylactic [policy] policies
    28  established under this section shall be jointly forwarded by the commis-
    29  sioner [and], the commissioner of  education  and  the  commissioner  of
    30  children  and  family  services to each local school board of education,
    31  charter school, [and] board  of  cooperative  educational  services  and
    32  child  day  care  service  provider, as defined in section three hundred
    33  ninety of the social services law, in the state. Each  such  [board  and
    34  charter  school]  entity  shall [consider and take action in response to
    35  such] implement an anaphylactic policy within six  months  of  receiving
    36  the anaphylactic policies.
    37    4.  The  anaphylactic  policy  established  by  this  section shall be
    38  updated at least once every three  years,  or  more  frequently  if  the
    39  commissioner  determines  it  to  be  necessary  or  desirable  for  the
    40  protection of children with a food allergy or other allergy which  could
    41  result in anaphylaxis.
    42    §  3. This act shall take effect immediately; provided that the amend-
    43  ments to subdivision 3 of section 2500-h of the public health  law  made
    44  by  section  one  of  this act shall take effect one year after this act
    45  shall have become a law. Effective immediately, the addition,  amendment
    46  and/or repeal of any rule or regulation necessary for the implementation
    47  of  this  act  on  its  effective  date  are  authorized  to be made and
    48  completed on or before such effective date.