Stricken language would be deleted from and underlined language would be added to present law.
Act 865 of the Regular Session
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State of Arkansas As Engrossed: H3/19/25 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1817 3
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By: Representative L. Johnson 5
By: Senator J. Boyd 6
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For An Act To Be Entitled 8
AN ACT TO ESTABLISH ELIJAH'S LAW IN ARKANSAS; TO 9
REQUIRE THE DEPARTMENT OF HEALTH AND THE DEPARTMENT 10
OF EDUCATION TO ESTABLISH A STATEWIDE ANAPHYLAXIS 11
POLICY FOR CHILDCARE FACILITIES; AND FOR OTHER 12
PURPOSES. 13
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Subtitle 16
TO ESTABLISH ELIJAH'S LAW IN ARKANSAS; 17
AND TO REQUIRE THE DEPARTMENT OF HEALTH 18
AND THE DEPARTMENT OF EDUCATION TO 19
ESTABLISH A STATEWIDE ANAPHYLAXIS POLICY 20
FOR CHILDCARE FACILITIES. 21
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
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SECTION 1. DO NOT CODIFY. Title. 25
This act shall be known and may be cited as "Elijah's Law". 26
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SECTION 2. DO NOT CODIFY. Legislative intent. 28
It is the intent of the General Assembly to ensure that childcare 29
facilities take concrete steps to manage food allergies for the children in 30
their care, including the development of emergency protocols, strategies for 31
discussing food allergies, and plans for preventing exposure to food allergy 32
triggers, with the ultimate goal being to protect children’s lives and foster 33
safer environments to learn. 34
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SECTION 3. Arkansas Code Title 20, Chapter 13, is amended to add an 36 As Engrossed: H3/19/25 HB1817
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additional subchapter to read as follows: 1
Subchapter 19 — Childcare Facility Anaphylaxis Policy 2
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20-13-1901. Definition. 4
As used in this subchapter, "childcare facility" means the same as 5
defined in § 20-78-202. 6
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20-13-1902. Anaphylaxis policy for childcare facilities — 8
Informational materials. 9
(a)(1) Department of Education , in consultation with the Department of 10
Health and the Division of Elementary and Secondary Education, shall 11
establish an anaphylaxis policy for childcare facilities setting forth 12
guidelines and procedures for both the prevention of anaphylaxis and 13
treatment during a medical emergency resulting from anaphylaxis, including 14
without limitation: 15
(A) Establishing weight-based dosing guidelines for 16
epinephrine administration; 17
(B) Ensuring proper training and access to emergency 18
medication for children with food allergies; and 19
(C) Setting inspection and compliance requirements for 20
childcare facilities administered by the Department of Education. 21
(2) The Department of Education , in consultation with the 22
Department of Health and the division, may consult with individuals and 23
stakeholders to develop the anaphylaxis policy, including without limitation: 24
(A) Allergy medicine representatives; 25
(B) Pediatric physicians; 26
(C) Other healthcare providers with expertise in treating 27
children with anaphylaxis; 28
(D) Parents of children with life -threatening allergies; 29
(E) Childcare facility administrators; 30
(F) Childcare facility personnel; 31
(G) Childcare facility food service directors; and 32
(H) Appropriate nonprofit corporations representing 33
individuals with allergies who are at risk for anaphylaxis. 34
(b) In establishing the policy under this section, the Department of 35
Education, in consultation with the Department of Health and the division, 36 As Engrossed: H3/19/25 HB1817
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shall consider: 1
(1) Existing requirements, as well as current and best practices 2
for childcare facilities on allergies and anaphylaxis, including those in 3
place for childcare facilities regulated by the division; and 4
(2) The voluntary guidelines for managing food allergies in 5
early care and education programs issued by the United States Department of 6
Health and Human Services, to the extent appropriate for the setting. 7
(c) The Department of Education , in consultation with the Department 8
of Health and the division, shall create informational materials detailing 9
the anaphylaxis policy to be distributed to childcare facilities and shall 10
make the materials available on the websites of the Department of Health and 11
of the Department of Education. 12
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20-13-1903. Anaphylaxis policy - Content. 14
The anaphylaxis policy established under this subchapter shall include 15
the following: 16
(1) A procedure and treatment plan detailing emergency protocols 17
and responsibilities of childcare facility personnel for responding to 18
anaphylaxis, including weight -based dosing guidelines for epinephrine 19
administration; 20
(2) A procedure and appropriate guidelines for the development 21
of an individualized emergency healthcare plan for children with a food 22
allergy or other allergy which could result in anaphylaxis; 23
(3) A communication plan for: 24
(A) Intake and dissemination of information provided by 25
the state regarding children with a food allergy or other allergy that could 26
result in anaphylaxis, including a discussion of methods, treatments, and 27
other therapies to reduce the risk of allergic reactions, including 28
anaphylaxis; and 29
(B) Discussion with children who have developed adequate 30
verbal communication and comprehension skills and with the parents or legal 31
guardians of all children about foods that are safe and unsafe to eat and 32
about strategies to avoid exposure to unsafe food; and 33
(4) A strategy for the reduction of the risk of exposure to 34
anaphylactic causative agents, including food and other allergens. 35
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20-13-1904. Notification to parents and guardians. 1
(a) A childcare facility shall send a notification of the anaphylaxis 2
policy to the parent or legal guardian of a child attending or enrolled in 3
the childcare facility when the child is first enrolled to make the parent or 4
legal guardian of the child aware of the anaphylaxis policy under this 5
subchapter. 6
(b) A notification under this section shall include contact 7
information for the parent or legal guardian to engage further with the 8
childcare facility to learn more about individualized aspects of the 9
anaphylaxis policy. 10
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20-13-1905. Notification to schools and childcare facilities of 12
anaphylaxis policy. 13
(a) Within one (1) year of the effective date of this subchapter, the 14
anaphylaxis policy established under this subchapter shall be forwarded by 15
the Department of Education to all childcare facilities. 16
(b) Each childcare facility shall implement or update as appropriate 17
the anaphylactic policy of the childcare facility in accordance with the 18
anaphylaxis policy developed under this subchapter within six (6) months of 19
receiving the anaphylaxis policy under this section. 20
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20-13-1906. Update of anaphylaxis policy. 22
The anaphylaxis policy established under this subchapter shall be 23
updated if the Department of Education determines it is necessary or 24
desirable for the protection of children with a food allergy or other allergy 25
that could result in anaphylaxis. 26
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20-13-1907. Financial support for implementation in childcare 28
facilities. 29
(a) A childcare facility may apply for funding through the federal 30
Child Care and Development Block Grant to cover costs related to: 31
(1) Staff training on food allergy management and the 32
administration of epinephrine; and 33
(2) The purchasing and maintaining of an adequate supply of 34
epinephrine, including devices appropriate for children of varying weights. 35
(b) The Department of Education shall make the application for funding 36 As Engrossed: H3/19/25 HB1817
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through the federal Child Care and Development Block Grant available on the 1
website of the department. 2
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/s/L. Johnson 4
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APPROVED: 4/17/25 7
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