§ 2500-H*2 — Anaphylactic policy for school districts and child care providers

New York § 2500-H*2

• Jurisdiction: New York
• Law PBH: Public Health
• Title 1: General Provisions
• Art. 25: Maternal and Child Health

Text

* § 2500-h. Anaphylactic policy for school districts and child care\nproviders. 1. (a) The commissioner, in consultation with the\ncommissioner of education, shall establish an anaphylactic policy for\nschool districts setting forth guidelines and procedures to be followed\nfor both the prevention of anaphylaxis and during a medical emergency\nresulting from anaphylaxis. Such policy shall be developed after\nconsultation with representatives of pediatric physicians, school nurses\nand other health care providers with expertise in treating children with\nanaphylaxis, parents of children with life threatening allergies, school\nadministrators, teachers, school food service directors and appropriate\nnot-for-profit corporations representing allergic individuals at risk\nfor anaphylaxis.\n (b) The commissioner, in consultation with the commissioner of\nchildren and family services, shall establish an anaphylactic policy for\nchild day care providers as defined in section three hundred ninety of\nthe social services law setting forth guidelines and procedures to be\nfollowed for both the prevention of anaphylaxis and during a medical\nemergency resulting from anaphylaxis. Such policy shall be developed\nafter consultation with representatives of pediatric physicians and\nother health care providers with expertise in treating children with\nanaphylaxis, parents of children with life threatening allergies, child\nday care administrators and personnel, and appropriate not-for-profit\ncorporations representing allergic individuals at risk for anaphylaxis.\nThe commissioner, in consultation with the commissioner of children and\nfamily services, shall create informational materials detailing such\nanaphylactic polices to be distributed to child day care centers.\n (c) In establishing policies pursuant to this subdivision, such\ncommissioners shall consider existing requirements, as well as current\nand best practices for schools and child day care providers on allergies\nand anaphylaxis, including those in place for child care centers\nregulated by the New York city department of health and mental hygiene.\nSuch commissioners shall also consider the voluntary guidelines for\nmanaging food allergies in schools and early care and education programs\nissued by the United States department of health and human services, to\nthe extent appropriate for the setting.\n (d) The commissioner shall create informational materials detailing\nsuch anaphylactic policies to be distributed to local school boards of\neducation, charter schools, boards of cooperative educational services,\nand child day care centers, and shall make the materials available on\nthe department's website.\n 2. The anaphylactic policies established under subdivision one of this\nsection shall include the following:\n (a) a procedure and treatment plan, including emergency protocols and\nresponsibilities for school nurses and other appropriate school and\nchild day care personnel, for responding to anaphylaxis;\n (b) a training course for appropriate school and child day care\npersonnel for preventing and responding to anaphylaxis. The commissioner\nshall, in consultation with the commissioner of children and family\nservices and the commissioner of education, consider existing training\nprograms for responding to anaphylaxis in order to avoid duplicative\ntraining requirements. Such pre-existing program shall fulfill the\nrequirement for a training course pursuant to this subdivision if the\nstandards of such pre-existing program are deemed by the commissioner to\nbe at least as stringent as the standards promulgated by the\ncommissioner in the development of the training course by the state;\n (c) a procedure and appropriate guidelines for the development of an\nindividualized emergency health care plan for children with a food or\nother allergy which could result in anaphylaxis;\n (d) a communication plan for intake and dissemination of information\nprovided by the state regarding children with a food or other allergy\nwhich could result in anaphylaxis, including a discussion of methods,\ntreatments and therapies to reduce the risk of allergic reactions,\nincluding anaphylaxis;\n (e) strategies for the reduction of the risk of exposure to\nanaphylactic causative agents, including food and other allergens; and\n (f) a communication plan for discussion with children that have\ndeveloped adequate verbal communication and comprehension skills and\nwith the parents or guardians of all children about foods that are safe\nand unsafe and about strategies to avoid exposure to unsafe food.\n 3. At least once per calendar year, schools shall send a notification\nto the parents and/or guardians of all children under the care of such\nschools to make them aware of such anaphylactic policies, as developed\nby the commissioner. For children under the care of the child day care\nproviders, such notification shall be provided by the child day care\nprovider when the child is enrolled and annually thereafter. Such\nnotifications shall include contact information for parents and\nguardians to engage further with the school or child day care provider\nto learn more about individualized aspects of such policies.\n 4. Within six months of the effective date of the chapter of the laws\nof two thousand nineteen which amended this section, the anaphylactic\npolicies established under this section shall be jointly forwarded by\nthe commissioner as well as the commissioner of education or the\ncommissioner of children and family services as appropriate to each\nlocal school board of education, charter school, board of cooperative\neducational services and child day care service provider, as defined in\nsection three hundred ninety of the social services law, in the state.\nEach such entity shall implement or update as appropriate their\nanaphylactic policy in accordance with those developed by the state\nwithin six months of receiving the anaphylactic policies.\n 5. The anaphylactic policies established by this section shall be\nupdated at least once every three years, or more frequently if the\ncommissioner determines it to be necessary or desirable for the\nprotection of children with a food allergy or other allergy which could\nresult in anaphylaxis.\n * NB There are 2 § 2500-h's\n