Amd §§2500-h & 3000-c, Pub Health L; amd §921-a, Ed L; amd §260.10, Pen L
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.
STATE OF NEW YORK
________________________________________________________________________
9193
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
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-
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.
LBD14998-04-8
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.
