KS
Kansas Senate Bill SB460

Kansas 2023-2024 Regular Session

Kansas Senate Bill SB460 Compare Versions

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11 Session of 2024
22 SENATE BILL No. 460
33 By Committee on Public Health and Welfare
44 2-6
55 AN ACT concerning public health; relating to anaphylaxis; requiring the
66 secretary of health and environment to adopt anaphylaxis prevention
77 and response policies for schools and day care facilities; setting
88 guidelines and procedures therefor.
99 Be it enacted by the Legislature of the State of Kansas:
1010 Section 1. (a) As used in this section:
1111 (1) "Anaphylaxis" or "anaphylactic reaction" means a sudden, severe
1212 and potentially life threatening multi-system allergic reaction;
1313 (2) "anaphylaxis policies" means anaphylaxis prevention and
1414 response policies developed pursuant to this section;
1515 (3) "day care facility" means the same as defined in K.S.A. 65-503,
1616 and amendments thereto;
1717 (4) "healthcare provider" means any person licensed to practice any
1818 branch of the healing arts or a professional nurse licensed by the board of
1919 nursing;
2020 (5) "school" means any school operated by a school district organized
2121 under the laws of this state or any nonpublic school accredited by the state
2222 board of education that provides education to elementary or secondary
2323 students;
2424 (6)  "parent" includes a guardian, custodian or other person with
2525 authority to act on behalf of a child.
2626 (7) "physician" means a person licensed by the state board of healing
2727 arts to practice medicine and surgery; and
2828 (8) "secretary" means the secretary of health and environment.
2929 (b) (1) The secretary, in consultation with the state board of
3030 education, shall adopt rules and regulations establishing anaphylaxis
3131 policies for schools, setting forth guidelines and procedures to be followed
3232 for both the prevention of anaphylaxis and the response during a medical
3333 emergency resulting from anaphylaxis. Such policy shall be developed
3434 after consultation with representatives of pediatric physicians, school
3535 nurses and other healthcare providers with expertise in treating children
3636 with anaphylaxis, parents of children with life-threatening allergies, school
3737 administrators, teachers, school food service directors and appropriate not-
3838 for-profit corporations representing allergic individuals at risk for
3939 anaphylaxis.
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7676 (2) The secretary shall adopt rules and regulations establishing
7777 anaphylaxis policies for day care facilities, setting forth guidelines and
7878 procedures to be followed for both the prevention of anaphylaxis and
7979 during a medical emergency resulting from anaphylaxis. Such policy shall
8080 be developed after consultation with representatives of pediatric
8181 physicians and other healthcare providers with expertise in treating
8282 children with anaphylaxis, parents of children with life-threatening
8383 allergies, child day care administrators and personnel and appropriate not-
8484 for-profit corporations representing allergic individuals at risk for
8585 anaphylaxis.
8686 (3) In establishing anaphylaxis policies pursuant to this subsection,
8787 the secretary shall consider existing statutory and regulatory requirements
8888 and current best practices for schools and day care facilities. The secretary
8989 shall also consider the voluntary guidelines for managing food allergies in
9090 schools and early care and education programs issued by the United States
9191 department of health and human services. The secretary shall adopt rules
9292 and regulations required under this subsection prior to January 1, 2025.
9393 (4) The secretary shall create informational materials detailing such
9494 anaphylaxis polices to be distributed to school districts and day care
9595 facilities and shall make such materials available on the department's
9696 website.
9797 (c) The anaphylaxis policies established by this section shall include:
9898 (1) A procedure and treatment plan for responding to anaphylaxis,
9999 including emergency protocols and responsibilities for school nurses and
100100 other appropriate school and day care facility personnel. Such procedures
101101 and treatment plan shall contain comprehensive guidelines for
102102 administering epinephrine based on weight to all age groups, including:
103103 (A) A detailed dosage chart for epinephrine administration,
104104 categorizing specific dosage recommendations according to a range of
105105 weight groups, starting from infants and extending to adolescents;
106106 (B) procedures for accurate and prompt assessment of a child's
107107 weight to determine the correct epinephrine dosage, with considerations
108108 for the challenges in weight assessment in emergency scenarios;
109109 (C) clear instructions for the use of epinephrine auto-injectors,
110110 including devices specifically designed for infants and young children; and
111111 (D) protocols for the immediate follow-up care after epinephrine
112112 administration, emphasizing the necessity for professional medical
113113 evaluation and monitoring, especially for infants and younger children;
114114 (2) (A) A training course for appropriate school and day care facility
115115 personnel that covers prevention and response strategies for anaphylaxis
116116 across all age groups. Such training course shall:
117117 (i) Occur annually;
118118 (ii) cover both practical and theoretical knowledge, with a strong
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162162 emphasis on recognizing signs of anaphylaxis in different age groups, the
163163 correct usage of various epinephrine auto-injectors and weight-based
164164 dosing guidelines;
165165 (iii) be endorsed or facilitated by recognized health organizations
166166 specializing in pediatric allergy management;
167167 (iv) include a competency assessment to ensure that all trainees can
168168 effectively apply the training in real-life scenarios; and
169169 (v) provide a free service with ongoing access to training materials
170170 and refresher modules online or in person, allowing for continuous
171171 education and reference.
172172 (B) the secretary shall consider existing training programs in schools
173173 and day care facilities for responding to anaphylaxis in order to avoid
174174 duplicative training requirements. The secretary shall deem that existing
175175 program fulfills the training requirements of this subsection if the existing
176176 program meets or exceeds the standards of the training course adopted by
177177 the secretary;
178178 (C) each school and day care facility shall keep a comprehensive
179179 record of anaphylaxis training sessions, including participant lists, training
180180 dates and a summary of the content covered. This record should be
181181 reviewed and updated annually to ensure that all staff are qualified and
182182 have current training, particularly in administering weight-based
183183 epinephrine dosages for all age groups;
184184 (3) a procedure and appropriate guidelines for the development of an
185185 individualized emergency healthcare plan for children with a food or other
186186 allergy that could result in anaphylaxis;
187187 (4) a communication plan for intake and dissemination of information
188188 provided by the state regarding children with a food or other allergy that
189189 could result in anaphylaxis, including a discussion of methods, treatments
190190 and therapies to reduce the risk of allergic reactions, including
191191 anaphylaxis;
192192 (5) strategies for the reduction of the risk of exposure to anaphylactic
193193 causative agents, including food and other allergens; and
194194 (6) guidance on age-appropriate discussions with children and their
195195 parents about foods that are safe and unsafe and strategies to avoid
196196 exposure to unsafe foods.
197197 (d) At least once per school year, schools shall send a notification to
198198 parents and guardians of all children under the care of such schools to
199199 provide awareness of such anaphylaxis policies, as developed by the
200200 secretary. For children enrolled at a day care facility, such notification
201201 shall be provided by the day care provider when the child is enrolled and
202202 annually thereafter. Such notifications shall include contact information for
203203 parents and guardians to engage further with the school or day care
204204 provider and learn more about individualized aspects of such policies.
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248248 (e) Prior to July 1, 2025, the secretary shall forward the anaphylaxis
249249 policies adopted under this section to the board of education of each
250250 school district and each day care facility. Within six months of receiving
251251 such anaphylaxis policies, each school district and day care facility shall
252252 implement or update as appropriate their anaphylactic policy in accordance
253253 with those developed by the state.
254254 (f) The anaphylaxis policies established by this section shall be
255255 updated at least once every three years, or more frequently if the secretary
256256 determines such update to be necessary or desirable for the protection of
257257 children with a food allergy or other allergy that could result in
258258 anaphylaxis.
259259 Sec. 2. This act shall take effect and be in force from and after its
260260 publication in the statute book.
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