NY Pub Health L § 2500-H-2 (2021)
2021 New York Laws PBH - Public Health Article 25 - Maternal and Child Health Title 1 - General Provisions 2500-H*2 - Anaphylactic Policy for School Districts and Child Care Providers.

* §  2500-h.  Anaphylactic  policy for school districts and child care providers.  1.  (a)  The  commissioner,   in   consultation   with   the commissioner  of  education,  shall establish an anaphylactic policy for school districts setting forth guidelines and procedures to be  followed for  both  the  prevention of anaphylaxis and during a medical emergency resulting  from  anaphylaxis.  Such  policy  shall  be  developed  after consultation with representatives of pediatric physicians, school nurses and other health care providers with expertise in treating children with anaphylaxis, parents of children with life threatening allergies, school administrators,  teachers, school food service directors and appropriate not-for-profit corporations representing allergic  individuals  at  risk for anaphylaxis.  (b)  The  commissioner,  in  consultation  with  the  commissioner  of children and family services, shall establish an anaphylactic policy for child day care providers as defined in section three hundred  ninety  of the  social  services  law setting forth guidelines and procedures to be followed for both the prevention of anaphylaxis  and  during  a  medical emergency  resulting  from  anaphylaxis.  Such policy shall be developed after consultation with  representatives  of  pediatric  physicians  and other  health  care  providers  with expertise in treating children with anaphylaxis, parents of children with life threatening allergies,  child day  care  administrators  and personnel, and appropriate not-for-profit corporations representing allergic individuals at risk for  anaphylaxis. The  commissioner, in consultation with the commissioner of children and family services, shall create  informational  materials  detailing  such anaphylactic polices to be distributed to child day care centers.  (c)  In  establishing  policies  pursuant  to  this  subdivision, such commissioners shall consider existing requirements, as well  as  current and best practices for schools and child day care providers on allergies and  anaphylaxis,  including  those  in  place  for  child  care centers regulated by the New York city department of health and mental  hygiene. Such  commissioners  shall  also  consider  the voluntary guidelines for managing food allergies in schools and early care and education programs issued by the United States department of health and human services,  to the extent appropriate for the setting.  (d)  The  commissioner  shall create informational materials detailing such anaphylactic policies to be distributed to local school  boards  of education,  charter schools, boards of cooperative educational services, and child day care centers, and shall make the  materials  available  on the department's website.   2. The anaphylactic policies established under subdivision one of this section shall include the following:  (a)  a procedure and treatment plan, including emergency protocols and responsibilities for school nurses  and  other  appropriate  school  and child day care personnel, for responding to anaphylaxis;  (b)  a  training  course  for  appropriate  school  and child day care personnel for preventing and responding to anaphylaxis. The commissioner shall, in consultation with the  commissioner  of  children  and  family services  and  the commissioner of education, consider existing training programs for responding to anaphylaxis in  order  to  avoid  duplicative training  requirements.  Such  pre-existing  program  shall  fulfill the requirement for a training course pursuant to this  subdivision  if  the standards of such pre-existing program are deemed by the commissioner to be   at   least  as  stringent  as  the  standards  promulgated  by  the commissioner in the development of the training course by the state;  (c) a procedure and appropriate guidelines for the development  of  an individualized  emergency  health  care plan for children with a food or other allergy which could result in anaphylaxis;  (d) a communication plan for intake and dissemination  of  information provided  by  the  state regarding children with a food or other allergy which could result in anaphylaxis, including a  discussion  of  methods, treatments  and  therapies  to  reduce  the  risk of allergic reactions, including anaphylaxis;  (e)   strategies  for  the  reduction  of  the  risk  of  exposure  to anaphylactic causative agents, including food and other allergens; and  (f) a communication  plan  for  discussion  with  children  that  have developed  adequate  verbal  communication  and comprehension skills and with the parents or guardians of all children about foods that are  safe and unsafe and about strategies to avoid exposure to unsafe food.   3.  At least once per calendar year, schools shall send a notification to the parents and/or guardians of all children under the care  of  such schools  to  make them aware of such anaphylactic policies, as developed by the commissioner. For children under the care of the child  day  care providers,  such  notification  shall  be provided by the child day care provider when the  child  is  enrolled  and  annually  thereafter.  Such notifications   shall   include  contact  information  for  parents  and guardians to engage further with the school or child day  care  provider to learn more about individualized aspects of such policies.   4.  Within six months of the effective date of the chapter of the laws of two thousand nineteen which amended this  section,  the  anaphylactic policies  established  under  this section shall be jointly forwarded by the commissioner as  well  as  the  commissioner  of  education  or  the commissioner  of  children  and  family  services as appropriate to each local school board of education, charter school,  board  of  cooperative educational  services and child day care service provider, as defined in section three hundred ninety of the social services law, in  the  state. Each  such  entity  shall  implement  or  update  as  appropriate  their anaphylactic policy in accordance with  those  developed  by  the  state within six months of receiving the anaphylactic policies.   5.  The  anaphylactic  policies  established  by this section shall be updated at least once every three  years,  or  more  frequently  if  the commissioner  determines  it  to  be  necessary  or  desirable  for  the protection of children with a food allergy or other allergy which  could result in anaphylaxis.   * NB There are 2 § 2500-h's