Session of 2024
SENATE BILL No. 460
By Committee on Public Health and Welfare
2-6
AN ACT concerning public health; relating to anaphylaxis; requiring the
secretary of health and environment to adopt anaphylaxis prevention
and response policies for schools and day care facilities; setting
guidelines and procedures therefor.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) As used in this section:
(1) "Anaphylaxis" or "anaphylactic reaction" means a sudden, severe
and potentially life threatening multi-system allergic reaction;
(2) "anaphylaxis policies" means anaphylaxis prevention and
response policies developed pursuant to this section;
(3) "day care facility" means the same as defined in K.S.A. 65-503,
and amendments thereto;
(4) "healthcare provider" means any person licensed to practice any
branch of the healing arts or a professional nurse licensed by the board of
nursing;
(5) "school" means any school operated by a school district organized
under the laws of this state or any nonpublic school accredited by the state
board of education that provides education to elementary or secondary
students;
(6) "parent" includes a guardian, custodian or other person with
authority to act on behalf of a child.
(7) "physician" means a person licensed by the state board of healing
arts to practice medicine and surgery; and
(8) "secretary" means the secretary of health and environment.
(b) (1) The secretary, in consultation with the state board of
education, shall adopt rules and regulations establishing anaphylaxis
policies for schools, setting forth guidelines and procedures to be followed
for both the prevention of anaphylaxis and the response during a medical
emergency resulting from anaphylaxis. Such policy shall be developed
after consultation with representatives of pediatric physicians, school
nurses and other healthcare 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.
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(2) The secretary shall adopt rules and regulations establishing
anaphylaxis policies for day care facilities, 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 healthcare 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.
(3) In establishing anaphylaxis policies pursuant to this subsection,
the secretary shall consider existing statutory and regulatory requirements
and current best practices for schools and day care facilities. The secretary
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. The secretary shall adopt rules
and regulations required under this subsection prior to January 1, 2025.
(4) The secretary shall create informational materials detailing such
anaphylaxis polices to be distributed to school districts and day care
facilities and shall make such materials available on the department's
website.
(c) The anaphylaxis policies established by this section shall include:
(1) A procedure and treatment plan for responding to anaphylaxis,
including emergency protocols and responsibilities for school nurses and
other appropriate school and day care facility personnel. Such procedures
and treatment plan shall contain comprehensive guidelines for
administering epinephrine based on weight to all age groups, including:
(A) A detailed dosage chart for epinephrine administration,
categorizing specific dosage recommendations according to a range of
weight groups, starting from infants and extending to adolescents;
(B) procedures for accurate and prompt assessment of a child's
weight to determine the correct epinephrine dosage, with considerations
for the challenges in weight assessment in emergency scenarios;
(C) clear instructions for the use of epinephrine auto-injectors,
including devices specifically designed for infants and young children; and
(D) protocols for the immediate follow-up care after epinephrine
administration, emphasizing the necessity for professional medical
evaluation and monitoring, especially for infants and younger children;
(2) (A) A training course for appropriate school and day care facility
personnel that covers prevention and response strategies for anaphylaxis
across all age groups. Such training course shall:
(i) Occur annually;
(ii) cover both practical and theoretical knowledge, with a strong
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emphasis on recognizing signs of anaphylaxis in different age groups, the
correct usage of various epinephrine auto-injectors and weight-based
dosing guidelines;
(iii) be endorsed or facilitated by recognized health organizations
specializing in pediatric allergy management;
(iv) include a competency assessment to ensure that all trainees can
effectively apply the training in real-life scenarios; and
(v) provide a free service with ongoing access to training materials
and refresher modules online or in person, allowing for continuous
education and reference.
(B) the secretary shall consider existing training programs in schools
and day care facilities for responding to anaphylaxis in order to avoid
duplicative training requirements. The secretary shall deem that existing
program fulfills the training requirements of this subsection if the existing
program meets or exceeds the standards of the training course adopted by
the secretary;
(C) each school and day care facility shall keep a comprehensive
record of anaphylaxis training sessions, including participant lists, training
dates and a summary of the content covered. This record should be
reviewed and updated annually to ensure that all staff are qualified and
have current training, particularly in administering weight-based
epinephrine dosages for all age groups;
(3) a procedure and appropriate guidelines for the development of an
individualized emergency healthcare plan for children with a food or other
allergy that could result in anaphylaxis;
(4) a communication plan for intake and dissemination of information
provided by the state regarding children with a food or other allergy that
could result in anaphylaxis, including a discussion of methods, treatments
and therapies to reduce the risk of allergic reactions, including
anaphylaxis;
(5) strategies for the reduction of the risk of exposure to anaphylactic
causative agents, including food and other allergens; and
(6) guidance on age-appropriate discussions with children and their
parents about foods that are safe and unsafe and strategies to avoid
exposure to unsafe foods.
(d) At least once per school year, schools shall send a notification to
parents and guardians of all children under the care of such schools to
provide awareness of such anaphylaxis policies, as developed by the
secretary. For children enrolled at a day care facility, such notification
shall be provided by the 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 day care
provider and learn more about individualized aspects of such policies.
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(e) Prior to July 1, 2025, the secretary shall forward the anaphylaxis
policies adopted under this section to the board of education of each
school district and each day care facility. Within six months of receiving
such anaphylaxis policies, each school district and day care facility shall
implement or update as appropriate their anaphylactic policy in accordance
with those developed by the state.
(f) The anaphylaxis policies established by this section shall be
updated at least once every three years, or more frequently if the secretary
determines such update to be necessary or desirable for the protection of
children with a food allergy or other allergy that could result in
anaphylaxis.
Sec. 2. This act shall take effect and be in force from and after its
publication in the statute book.
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