Bill Text: NY S09193 | 2017-2018 | General Assembly | Introduced

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 1-0)

Status: (Introduced - Dead) 2018-11-19 - REFERRED TO RULES [S09193 Detail]

Download: New_York-2017-S09193-Introduced.html

                STATE OF NEW YORK
                    IN SENATE
                                    November 19, 2018
        Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to amend the public health law, the education law and  the  penal
          law,  in  relation  to  requiring anaphylactic policies for child care
          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-
    24  tion,  shall  establish  an  anaphylactic  policy  for  school districts
    25  setting forth guidelines and procedures to be followed for  both]  shall
    26  adopt an anaphylactic policy which shall conform to the Voluntary Guide-
    27  lines  for  Managing Food Allergies In Schools and Early Care and Educa-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 9193                             2
     1  tion Programs promulgated by the United States department of health  and
     2  human  services  for  all  child care services. Such anaphylactic policy
     3  shall be followed for both the prevention of anaphylaxis  and  during  a
     4  medical  emergency  resulting from anaphylaxis. Such anaphylactic policy
     5  shall be [developed] implemented after consultation with representatives
     6  of pediatric physicians, [school nurses] and other health care providers
     7  with expertise in treating children with anaphylaxis, parents  of  chil-
     8  dren  with life threatening allergies, [school administrators, teachers,
     9  school food service directors]  and  appropriate  not-for-profit  corpo-
    10  rations representing allergic individuals at risk for anaphylaxis.
    11    [2.]  3.  The  anaphylactic policy established by [subdivision one of]
    12  this section shall include the following:
    13    (a) a procedure and treatment  plan,  including  responsibilities  for
    14  school  nurses  and  other  appropriate school personnel and every child
    15  care service provider, for responding to anaphylaxis;
    16    (b) a training course for appropriate [school] personnel for  prevent-
    17  ing and responding to anaphylaxis;
    18    (c)  a  procedure and appropriate guidelines for the development of an
    19  individualized emergency health care plan for children with  a  food  or
    20  other allergy which could result in anaphylaxis;
    21    (d)  a  communication plan for intake and dissemination of information
    22  regarding children with a food or other allergy which  could  result  in
    23  anaphylaxis; [and]
    24    (e) strategies for the reduction of the risk of exposure to anaphylac-
    25  tic causative agents, including food and other allergens;
    26    (f)  a  communication  plan  for discussion with anaphylactic children
    27  about foods that are safe and unsafe for the child, and about strategies
    28  to avoid exposure to unsafe food; and
    29    (g) a requirement that each child care service provider shall have  an
    30  onsite  mechanism,  including but not limited to auto injectors that are
    31  current and not expired, that will immediately reduce the effects of any
    32  life-threatening allergies.
    33    [3. On or before June thirtieth, two thousand  eight]  4.  Six  months
    34  after  the  effective  date  of  the chapter of the laws of two thousand
    35  eighteen that amended this section,  an  anaphylactic  policy  shall  be
    36  jointly  forwarded by the commissioner and the commissioner of education
    37  to each [local school board of education, charter school, and  board  of
    38  cooperative  educational  services]  child  care service provider in the
    39  state. [Each such board and charter school]  Every  child  care  service
    40  provider  shall [consider and take action in response to] implement such
    41  anaphylactic policy within ninety days of  receiving  such  anaphylactic
    42  policy from such commissioners.
    43    5.  (a)  Any willful or negligent violation of this section by a child
    44  care service provider shall result in a civil penalty not to exceed five
    45  thousand dollars for each violation.
    46    (b) If a child care service provider fails to implement the guidelines
    47  and anaphylactic policy  pursuant  to  this  section,  such  child  care
    48  service  provider's  license  or  registration shall be revoked. A child
    49  care service provider may, by written request to the commissioner and in
    50  the commissioner's discretion, be granted an extension of time to imple-
    51  ment the anaphylactic policy required pursuant to this section.
    52    6. The commissioner, in consultation with the commissioner  of  educa-
    53  tion  and the commissioner of the office of children and family services
    54  shall develop and implement a plan for reporting, inspecting  and  moni-
    55  toring of child care services to ensure compliance with this section.

        S. 9193                             3
     1    §  3.  Paragraph  (f) of subdivision 2 of section 3000-c of the public
     2  health law, as added by chapter 373 of the laws of 2016, is  amended  to
     3  read as follows:
     4    (f)  [Nothing  in]  The  provisions  of this section shall not require
     5  [any] an eligible person or entity which is not a child care service  as
     6  defined  in  section  twenty-five  hundred-h of this chapter to acquire,
     7  possess, store, make available, or administer an epinephrine auto-injec-
     8  tor.
     9    § 4. Section 921-a of the education law, as amended by chapter 200  of
    10  the laws of 2017, is amended to read as follows:
    11    §  921-a.  On-site  epinephrine  auto-injector.  1.  School districts,
    12  boards of cooperative educational services, county vocational  education
    13  and  extension  boards,  charter  schools, and non-public elementary and
    14  secondary schools in this state [may] shall provide and maintain on-site
    15  in each instructional  school  facility  epinephrine  auto-injectors  in
    16  quantities  and  types  deemed by the commissioner, in consultation with
    17  the commissioner of health, to be adequate to ensure ready and appropri-
    18  ate access for use during emergencies to any  student  or  staff  having
    19  anaphylactic  symptoms  whether  or  not  there is a previous history of
    20  severe allergic reaction.
    21    2. School districts, boards of cooperative educational services, coun-
    22  ty vocational education and extension boards, charter schools, and  non-
    23  public  elementary  and  secondary  schools  in  this  state, any person
    24  employed by any such entity, or employed by  a  contractor  of  such  an
    25  entity  while performing services for the entity may administer epineph-
    26  rine auto-injectors in  the  event  of  an  emergency  pursuant  to  the
    27  requirements of section three thousand-c of the public health law.
    28    § 5. Section 260.10 of the penal law is amended by adding a new subdi-
    29  vision 4 to read as follows:
    30    4. Being a child care service provider, he or she fails to comply with
    31  the  provisions of the anaphylactic policies adopted by the commissioner
    32  of health pursuant to section twenty-five hundred-h of the public health
    33  law, including the required availability and use of an epinephrine auto-
    34  injector, which results in harm to a child under the care of such  child
    35  care service provider.
    36    § 6. This act shall take effect immediately.