Arkansas 2025 Regular Session

Arkansas House Bill HB1817 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 865 of the Regular Session
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4		-
5		-	State of Arkansas As Engrossed: H3/19/25 1
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	3	+	State of Arkansas 1
6	4		95th General Assembly A Bill 2
7	5		Regular Session, 2025 HOUSE BILL 1817 3
8	6		4
9	7		By: Representative L. Johnson 5
10		-	~~By: Senator J. Boyd~~ 6
	8	+	6
11	9		7
12	10		For An Act To Be Entitled 8
13	11		AN ACT TO ESTABLISH ELIJAH'S LAW IN ARKANSAS; TO 9
14	12		REQUIRE THE DEPARTMENT OF HEALTH AND THE DEPARTMENT 10
15	13		OF EDUCATION TO ESTABLISH A STATEWIDE ANAPHYLAXIS 11
16	14		POLICY FOR CHILDCARE FACILITIES; AND FOR OTHER 12
17	15		PURPOSES. 13
18	16		14
19	17		15
20	18		Subtitle 16
21	19		TO ESTABLISH ELIJAH'S LAW IN ARKANSAS; 17
22	20		AND TO REQUIRE THE DEPARTMENT OF HEALTH 18
23	21		AND THE DEPARTMENT OF EDUCATION TO 19
24	22		ESTABLISH A STATEWIDE ANAPHYLAXIS POLICY 20
25	23		FOR CHILDCARE FACILITIES. 21
26	24		22
27	25		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
28	26		24
29	27		SECTION 1. DO NOT CODIFY. Title. 25
30	28		This act shall be known and may be cited as "Elijah's Law". 26
31	29		27
32	30		SECTION 2. DO NOT CODIFY. Legislative intent. 28
33	31		It is the intent of the General Assembly to ensure that childcare 29
34	32		facilities take concrete steps to manage food allergies for the children in 30
35	33		their care, including the development of emergency protocols, strategies for 31
36	34		discussing food allergies, and plans for preventing exposure to food allergy 32
37	35		triggers, with the ultimate goal being to protect children’s lives and foster 33
38	36		safer environments to learn. 34
39	37		35
40		-	SECTION 3. Arkansas Code Title 20, Chapter 13, is amended to add an 36 ~~As Engrossed: H3/19/25~~ HB1817
	38	+	SECTION 3. Arkansas Code Title 20, Chapter 13, is amended to add an 36 HB1817
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45	41		additional subchapter to read as follows: 1
46	42		Subchapter 19 — Childcare Facility Anaphylaxis Policy 2
47	43		3
48	44		20-13-1901. Definition. 4
49	45		As used in this subchapter, "childcare facility" means the same as 5
50	46		defined in § 20-78-202. 6
51	47		7
52	48		20-13-1902. Anaphylaxis policy for childcare facilities — 8
53	49		Informational materials. 9
54		-	(a)(1) Department of ~~Education~~ , in consultation with the Department of 10
55		-	~~Health~~ and the Division of Elementary and Secondary Education, shall 11
	50	+	(a)(1) The Department of Health, in consultation with the Department 10
	51	+	of Education and the Division of Elementary and Secondary Education, shall 11
56	52		establish an anaphylaxis policy for childcare facilities setting forth 12
57	53		guidelines and procedures for both the prevention of anaphylaxis and 13
58	54		treatment during a medical emergency resulting from anaphylaxis, including 14
59	55		without limitation: 15
60	56		(A) Establishing weight -based dosing guidelines for 16
61	57		epinephrine administration; 17
62	58		(B) Ensuring proper training and access to emergency 18
63	59		medication for children with food allergies; and 19
64	60		(C) Setting inspection and compliance requirements for 20
65	61		childcare facilities administered by the Department of Education. 21
66		-	(2) The Department of ~~Education~~ , in consultation with the 22
67		-	Department of ~~Health~~ and the division, may consult with individuals and 23
	62	+	(2) The Department of Health, in consultation with the 22
	63	+	Department of Education and the division, may consult with individuals and 23
68	64		stakeholders to develop the anaphylaxis policy, including without limitation: 24
69	65		(A) Allergy medicine representatives; 25
70	66		(B) Pediatric physicians; 26
71	67		(C) Other healthcare providers with expertise in treating 27
72	68		children with anaphylaxis; 28
73	69		(D) Parents of children with life -threatening allergies; 29
74	70		(E) Childcare facility administrators; 30
75	71		(F) Childcare facility personnel; 31
76	72		(G) Childcare facility food service directors; and 32
77	73		(H) Appropriate nonprofit corporations representing 33
78	74		individuals with allergies who are at risk for anaphylaxis. 34
79	75		(b) In establishing the policy under this section, the Department of 35
80		-	~~Education~~, in consultation with the Department of ~~Health~~ and the division, 36 ~~As Engrossed: H3/19/25~~ HB1817
	76	+	Health, in consultation with the Department of Education and the division, 36 HB1817
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85	79		shall consider: 1
86	80		(1) Existing requirements, as well as current and best practices 2
87	81		for childcare facilities on allergies and anaphylaxis, including those in 3
88	82		place for childcare facilities regulated by the division; and 4
89	83		(2) The voluntary guidelines for managing food allergies in 5
90	84		early care and education programs issued by the United States Department of 6
91	85		Health and Human Services, to the extent appropriate for the setting. 7
92		-	(c) The Department of ~~Education~~ , in consultation with the Department 8
93		-	~~of Health~~ and the division, shall create informational materials detailing 9
	86	+	(c) The Department of Health, in consultation with the Department of 8
	87	+	Education and the division, shall create informational materials detailing 9
94	88		the anaphylaxis policy to be distributed to childcare facilities and shall 10
95	89		make the materials available on the websites of the Department of Health and 11
96	90		of the Department of Education. 12
97	91		13
98	92		20-13-1903. Anaphylaxis policy - Content. 14
99	93		The anaphylaxis policy established under this subchapter shall include 15
100	94		the following: 16
101	95		(1) A procedure and treatment plan detailing emergency protocols 17
102	96		and responsibilities of childcare facility personnel for responding to 18
103	97		anaphylaxis, including weight -based dosing guidelines for epinephrine 19
104	98		administration; 20
105	99		(2) A procedure and appropriate guidelines for the development 21
106	100		of an individualized emergency healthcare plan for children with a food 22
107	101		allergy or other allergy which could result in anaphylaxis; 23
108	102		(3) A communication plan for: 24
109	103		(A) Intake and dissemination of information provided by 25
110	104		the state regarding children with a food allergy or other allergy that could 26
111	105		result in anaphylaxis, including a discussion of methods, treatments, and 27
112	106		other therapies to reduce the risk of allergic reactions, including 28
113	107		anaphylaxis; and 29
114	108		(B) Discussion with children who have developed adequate 30
115	109		verbal communication and comprehension skills and with the parents or legal 31
116	110		guardians of all children about foods that are safe and unsafe to eat and 32
117	111		about strategies to avoid exposure to unsafe food; and 33
118	112		(4) A strategy for the reduction of the risk of exposure to 34
119	113		anaphylactic causative agents, including food and other allergens. 35
120		-	36 ~~As Engrossed: H3/19/25~~ HB1817
	114	+	36 HB1817
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125	117		20-13-1904. Notification to parents and guardians. 1
126	118		(a) A childcare facility shall send a notification of the anaphylaxis 2
127	119		policy to the parent or legal guardian of a child attending or enrolled in 3
128	120		the childcare facility when the child is first enrolled to make the parent or 4
129	121		legal guardian of the child aware of the anaphylaxis policy under this 5
130	122		subchapter. 6
131	123		(b) A notification under this section shall include contact 7
132	124		information for the parent or legal guardian to engage further with the 8
133	125		childcare facility to learn more about individualized aspects of the 9
134	126		anaphylaxis policy. 10
135	127		11
136	128		20-13-1905. Notification to schools and childcare facilities of 12
137	129		anaphylaxis policy. 13
138	130		(a) Within one (1) year of the effective date of this subchapter, the 14
139	131		anaphylaxis policy established under this subchapter shall be forwarded by 15
140	132		the Department of Education to all childcare facilities. 16
141	133		(b) Each childcare facility shall implement or update as appropriate 17
142	134		the anaphylactic policy of the childcare facility in accordance with the 18
143	135		anaphylaxis policy developed under this subchapter within six (6) months of 19
144	136		receiving the anaphylaxis policy under this section. 20
145	137		21
146	138		20-13-1906. Update of anaphylaxis policy. 22
147	139		The anaphylaxis policy established under this subchapter shall be 23
148		-	updated if the Department of ~~Education~~ determines it is necessary or 24
149		-	~~desirable~~ for the protection of children with a food allergy or other allergy 25
150		-	~~that~~ could result in anaphylaxis. 26
	140	+	updated if the Department of Health determines it is necessary or desirable 24
	141	+	for the protection of children with a food allergy or other allergy that 25
	142	+	could result in anaphylaxis. 26
151	143		27
152	144		20-13-1907. Financial support for implementation in childcare 28
153	145		facilities. 29
154	146		(a) A childcare facility may apply for funding through the federal 30
155	147		Child Care and Development Block Grant to cover costs related to: 31
156	148		(1) Staff training on food allergy management and the 32
157	149		administration of epinephrine; and 33
158	150		(2) The purchasing and maintaining of an adequate supply of 34
159	151		epinephrine, including devices appropriate for children of varying weights. 35
160		-	(b) The Department of Education shall make the application for funding 36 ~~As Engrossed: H3/19/25~~ HB1817
	152	+	(b) The Department of Education shall make the application for funding 36 HB1817
161	153
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165	155		through the federal Child Care and Development Block Grant available on the 1
166	156		website of the department. 2
167	157		3
168		-	~~/s/L. Johnson~~ 4
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170	160		6
171		-	~~APPROVED: 4/17/25~~ 7
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