2023 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