Maryland 2022 Regular Session

Maryland House Bill HB154 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		hb0154
9	6
10	7		HOUSE BILL 154
11	8		F1 2lr0585
12		-	(PRE–FILED) CF ~~SB 95~~
	9	+	(PRE–FILED) CF 2lr0586
13	10		By: Delegate Palakovich Carr
14	11		Requested: September 28, 2021
15	12		Introduced and read first time: January 12, 2022
16	13		Assigned to: Ways and Means
17		-	Committee Report: Favorable with amendments
18		-	House action: Adopted
19		-	Read second time: February 22, 2022
20	14
21		-	~~CHAPTER ______~~
	15	+	A BILL ENTITLED
22	16
23	17		AN ACT concerning 1
24	18
25	19		Public Schools – Anaphylactic Food Allergies – Guidelines and Requirements 2
26	20
27	21		FOR the purpose of requiring each county board of education to adopt, implement, and 3
28	22		publish certain guidelines for reducing the risk to students with anaphylactic food 4
29	23		allergies; and generally relating to anaphylactic food allergies and public schools. 5
30	24
31	25		BY repealing and reenacting, with amendments, 6
32	26		Article – Education 7
33	27		Section 7–426.1 8
34	28		Annotated Code of Maryland 9
35	29		(2018 Replacement Volume and 2021 Supplement) 10
36	30
37	31		SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
38	32		That the Laws of Maryland read as follows: 12
39	33
40	34		Article – Education 13
41	35
42	36		7–426.1. 14
43	37
44	38		(a) (1) In this section the following words have the meanings indicated. 15
45	39
46	40		(2) “Anaphylactic allergy” means a food allergy that causes a severe, 16
47	41		systematic reaction resulting in circulatory collapse or shock that may be fatal. 17
	42	+
	43	+	(3) “Employee” means an individual who is employed by a local board of 18
	44	+	education, including part–time employees, certified and noncertified substitute teachers 19
	45	+	employed by the local board of education for at least 7 days each school year, maintenance 20
	46	+	workers, and administrative staff. 21
48	47		2 HOUSE BILL 154
49	48
50	49
51		-	(3) “Employee” means an individual who is employed by a local board of 1
52		-	education, including part–time employees, certified and noncertified substitute teachers 2
53		-	employed by the local board of education for at least 7 days each school year, maintenance 3
54		-	workers, and administrative staff. 4
	50	+	(4) “MAJOR FOOD ALLERGEN ” MEANS: 1
55	51
56		-	(4) ~~“MAJOR FOOD ALLERGEN ” MEANS: 5~~
	52	+	(I) MILK; 2
57	53
58		-	(I) ~~MILK~~; 6
	54	+	(II) EGG; 3
59	55
60		-	(II) ~~EGG~~; 7
	56	+	(III) FISH; 4
61	57
62		-	(~~III~~) ~~FISH~~; 8
	58	+	(IV) CRUSTACEAN SHELLFISH ; 5
63	59
64		-	(IV) ~~CRUSTACEAN SHELLFISH~~ ; 9
	60	+	(V) TREE NUTS; 6
65	61
66		-	(V) ~~TREE NUTS~~; 10
	62	+	(VI) WHEAT; 7
67	63
68		-	(VI) ~~WHEAT~~; 11
	64	+	(VII) PEANUTS; 8
69	65
70		-	(~~VII~~) ~~PEANUTS~~; 12
	66	+	(VIII) SOYBEANS; AND 9
71	67
72		-	(~~VIII~~) ~~SOYBEANS; AND 13~~
	68	+	(IX) SESAME. 10
73	69
74		-	(IX) SESAME. 14
	70	+	[(4)] (5) “Self–administer” means the application or consumption of 11
	71	+	medications in a manner prescribed by a health practitioner who is licensed, certified, or 12
	72	+	otherwise authorized under the Health Occupations Article to prescribe medications and 13
	73	+	medication delivery devices by the individual for whom the medication was prescribed 14
	74	+	without additional assistance or direction. 15
75	75
76		-	[(4)] (5) “Self–administer” means the application or consumption of 15
77		-	medications in a manner prescribed by a health practitioner who is licensed, certified, or 16
78		-	otherwise authorized under the Health Occupations Article to prescribe medications and 17
79		-	medication delivery devices by the individual for whom the medication was prescribed 18
80		-	without additional assistance or direction. 19
	76	+	(B) (1) EACH COUNTY BOARD SHA LL ADOPT AND IMPLEMENT 16
	77	+	GUIDELINES IN ACCORDANCE WITH T HE MARYLAND STATE SCHOOL HEALTH 17
	78	+	SERVICE GUIDELINES T O REDUCE THE RISK OF EXPOSURE TO ANAPHYLA CTIC 18
	79	+	CAUSATIVE AGENTS IN CLASSROOMS AND COMMO N AREAS. 19
81	80
82		-	(B) (1) EACH COUNTY BOARD SHA LL ADOPT AND IMPLEME NT 20
83		-	GUIDELINES IN ACCORD ANCE WITH THE MARYLAND STATE SCHOOL HEALTH 21
84		-	SERVICE GUIDELINES T O REDUCE THE RISK OF E XPOSURE TO ANAPHYLAC TIC 22
85		-	CAUSATIVE AGENTS IN CLASSROOMS AND COMMO N AREAS. 23
	81	+	(2) AT A MINIMUM, THE GUIDELINES UNDER PARAGRAPH (1) OF THIS 20
	82	+	SUBSECTION SHALL: 21
86	83
87		-	(2) AT A MINIMUM, THE GUIDELINES UNDER PARAGRAPH (1) OF THIS 24
88		-	SUBSECTION SHALL : 25
	84	+	(I) DESCRIBE THE ROLES AND RESPON SIBILITIES OF PARENTS, 22
	85	+	ADMINISTRATORS , HEALTH CARE STAFF, EDUCATORS , FOOD SERVICE EMPLOYE ES, 23
	86	+	AND OPERATIONS STAFF ; 24
89	87
90		-	(I) DESCRIBE IF APPROPRIATE , IN ACCORDANCE WITH T HE 26
91		-	COLLECTIVE BARGAININ G AGREEMENT , DESCRIBE THE ROLES AND 27
92		-	RESPONSIBILITIES OF PARENTS, ADMINISTRATORS , HEALTH CARE STAFF , 28
93		-	EDUCATORS , FOOD SERVICE EMPLOYE ES, AND OPERATIONS STAFF ; 29
94		-	HOUSE BILL 154 3
	88	+	(II) EMPHASIZE COMMUNICATION AND CO LLABORATION 25
	89	+	BETWEEN SCHOOL STAFF, STUDENTS, AND PARENTS , INCLUDING: 26
	90	+
	91	+	1. NOTIFICATION OF A STUDENT ’S ANAPHYLACTIC 27
	92	+	ALLERGY TO EDUCATORS AND OTHER SCHOOL STAFF WHO COM E INTO CONTACT 28
	93	+	WITH THE STUDENT; AND 29 HOUSE BILL 154 3
95	94
96	95
97		-	(II) EMPHASIZE COMMUNICATI ON AND COLLABORATION 1
98		-	BETWEEN SCHOOL STAFF , STUDENTS, AND PARENTS , INCLUDING: 2
99	96
100		-	1. NOTIFICATION OF A STU DENT’S ANAPHYLACTIC 3
101		-	ALLERGY TO EDUCATORS AND OTHER SCHOOL STA FF WHO COME INTO CON TACT 4
102		-	WITH THE STUDENT ; AND 5
	97	+	2. NOTIFICATION TO PAREN TS AND STUDENTS ABOU T 1
	98	+	MEASURES THE SCHOOL IS TAKING TO AVOID EXPOSURE TO ALLERGENS; 2
103	99
104		-	~~2. NOTIFICATION TO PAREN TS AND STUDENTS ABOU~~ T 6
105		-	~~MEASURES THE SCHOOL IS TAKING~~ TO ~~AVOID E XPOSURE TO ALLERGENS~~ ; 7
	100	+	(III) PROVIDE INFORMATION T O PARENTS ABOUT 504 PLANS 3
	101	+	AND THEIR APPLICABIL ITY TO STUDENTS WITH ANAPHY LACTIC ALLERGIES ; 4
106	102
107		-	(III) PROVIDE INFORMATION T O PARENTS ABOUT 504 PLANS 8
108		-	AND THEIR APPLICABIL ITY TO STUDENTS WITH ANAPHYLACTIC ALLERGI ES; 9
	103	+	(IV) DESIGNATE SCHOOL AREAS THAT ARE FOOD –FREE; 5
109	104
110		-	(IV) DESIGNATE SCHOOL AREA S THAT ARE FOOD –FREE; 10
	105	+	(V) DESIGNATE TABLES IN T HE CAFETERIA TO BE U SED BY 6
	106	+	STUDENTS WITH ANAPHYLACTIC ALLERGI ES THAT ARE FREE OF FOO DS CONTAINING 7
	107	+	THE MAJOR FOOD ALLERGEN OF THE STUDENT USER S; 8
111	108
112		-	(V) DESIGNATE TABLES IN T HE CAFETERIA TO BE U SED BY 11
113		-	STUDENTS WITH ANAPHY LACTIC ALLERGIES THAT ARE F REE OF FOODS CONTAIN ING 12
114		-	THE MAJOR FOOD ALLER GEN OF THE STUDENT U SERS; 13
	109	+	(VI) PROVIDE GUIDELINES FOR WHO MAY USE OR ACCOMPANY 9
	110	+	STUDENTS USING TABLES FREE OF MAJOR FOOD ALLERG ENS; 10
115	111
116		-	(VI) ~~PROVIDE GUIDELINES FO R WHO MAY USE OR ACC OMPANY 14~~
117		-	~~STUDENTS USING TABLE S FREE~~ OF ~~MAJOR~~ FOOD ~~ALLERGENS~~; 15
	112	+	(VII) PROMOTE HAND WASHING AND OTH ER METHODS FOR THE 11
	113	+	SAFE HANDLING OF FOOD; 12
118	114
119		-	(~~VII~~) ~~PROMOTE HAND WASHING AND OTHER METHODS FO R~~ THE 16
120		-	~~SAFE HANDLING OF FOO D~~; 17
	115	+	(VIII) PROVIDE GUIDELINES FOR THE HANDLING OF FOOD ON 13
	116	+	SCHOOL–PROVIDED TRANSPORTAT ION; 14
121	117
122		-	(VIII) PROVIDE GUIDELINES FO R THE HANDLING OF FO OD ON 18
123		-	SCHOOL–PROVIDED TRANSPORTAT ION; 19
	118	+	(IX) ENSURE THAT STUDENTS WITH A NAPHYLACTIC ALLERGIE S 15
	119	+	ARE ABLE TO FULLY PARTIC IPATE IN ALL SCHOOL EVENTS , AFTER SCHOOL 16
	120	+	ACTIVITIES, AND FIELD TRIPS; 17
124	121
125		-	(IX) ENSURE PROVIDE GUIDELINES DE SIGNED TO ENSURE THAT 20
126		-	STUDENTS WITH ANAPHY LACTIC ALLERGIES ARE ABLE TO FULLY PARTICIPATE IN 21
127		-	ALL SCHOOL EVENTS , AFTER SCHOOL ACTIVIT IES, AND FIELD TRIPS; 22
	122	+	(X) PROVIDE GUIDANCE FOR FOOD DISTRIBUTION BY PRIVATE 18
	123	+	GROUPS HOLDING FUNCT IONS ON SCHOOL GROUN DS; AND 19
128	124
129		-	(X) PROVIDE GUIDANCE FOR FOOD DISTRIBUTION BY PRIVATE 23
130		-	GROUPS OUTSIDE PUBLIC OR PR IVATE INDIVIDUALS , GROUPS, AND ENTITIES 24
131		-	HOLDING FUNCTIONS ON SCHOOL GROUNDS ; AND 25
	125	+	(XI) ESTABLISH STRATEGIES TO REDUCE BULLYING A ND 20
	126	+	HARASSMENT OF STUDEN TS WITH ANAPHYLACTIC ALLERGIES. 21
132	127
133		-	(XI) ESTABLISH STRATEGIES TO REDUCE BULLYING AND 26
134		-	HARASSMENT OF STUDEN TS WITH ANAPHYLACTIC ALLERGIES. 27
	128	+	(3) EACH COUNTY BOARD SHA LL PUBLISH THE GUIDELINES 22
	129	+	ADOPTED UNDER THIS S UBSECTION ON ITS WEB SITE AND BY ANY OTHER MET HOD 23
	130	+	DETERMINED APPROPRIA TE BY THE BOARD . 24
135	131
136		-	(3) EACH COUNTY BOARD SHA LL PUBLISH THE GUIDE LINES 28
137		-	ADOPTED UNDER THIS S UBSECTION ON ITS WEB SITE AND BY ANY OTHE R METHOD 29
138		-	DETERMINED APPROPRIA TE BY THE BOARD . 30
	132	+	(C) (1) (I) EACH PUBLIC SCHOOL SH ALL DEVELOP A SYSTEM TO 25
	133	+	DISCLOSE, WITHIN A REASONABLE TIME IN ADVANCE OF SERVIC E, THE FOODS 26
	134	+	SERVED IN THE SCHOOL AND THE MAJOR FOOD A LLERGENS CONTAINED I N THE 27
	135	+	FOOD. 28
	136	+
	137	+	(II) A DISCLOSURE MADE UNDER THIS PARAGRAPH MAY BE BY: 29
139	138		4 HOUSE BILL 154
140	139
141	140
142		-	(C) (1) (I) EACH PUB LIC SCHOOL SHALL DEV ELOP A SYSTEM TO 1
143		-	DISCLOSE, WITHIN A REASONABLE TIME IN ADVANCE OF S ERVICE, THE FOODS 2
144		-	SERVED IN THE SCHOOL AND THE MAJOR FOOD A LLERGENS CONTAINED I N THE 3
145		-	FOOD. 4
	141	+	1. DIRECT ELECTRONIC OR PHYSICAL MESSAGES SENT 1
	142	+	TO THE SCHOOL COMMUN ITY; OR 2
146	143
147		-	(II) (2) A DISCLOSURE MADE UNDE R THIS PARAGRAPH 5
148		-	SUBSECTION MAY BE BY: 6
	144	+	2. POSTING ON THE INTERNET. 3
149	145
150		-	1. (I) DIRECT ELECTRONIC OR PHYSICAL MESSAGES SE NT 7
151		-	TO THE SCHOOL COMMUN ITY; OR 8
	146	+	(2) EACH DAY THAT FOOD IS SER VED IN A SCHOOL , THE SCHOOL 4
	147	+	SHALL POST IN A CONSPICUOUS LOCATI ON IN THE CAFETERIA A LIST OF ALL THE 5
	148	+	FOODS BEING SERVED AND ANY MAJOR FOOD ALLERGEN S CONTAINED IN THE F OOD. 6
152	149
153		-	2. (II) POSTING ON THE INTERNET. 9
	150	+	[(b)] (D) In consultation with a school health professional, the principal of a 7
	151	+	public school that has a child attending the school who has been identified to the school as 8
	152	+	having an anaphylactic allergy shall: 9
154	153
155		-	(2) ~~EACH DAY THAT FOOD IS SERVED IN A SCHOOL~~ , THE ~~SCHOOL~~ 10
156		-	~~SHALL POST~~ IN ~~A CONS PICUOUS LOCATION IN~~ THE ~~CAFETERIA A LIST OF ALL~~ THE 11
157		-	~~FOODS BEING SERVED~~ AND ~~ANY MAJOR FOOD ALLERGENS CONTAINED IN THE FOO D.~~ 12
	154	+	(1) Monitor AND IMPLEMENT , AS NECESSARY , the strategies developed 10
	155	+	in accordance with the Maryland State school health service guidelines to reduce the risk 11
	156	+	of exposure to anaphylactic causative agents in classrooms and common areas; 12
158	157
159		-	[~~(b)] (D)~~ In ~~consultation with a school health professional,~~ the ~~principal of a~~ 13
160		-	~~public school that has a child attending~~ the ~~school who has been identified to~~ the ~~school as~~ 14
161		-	~~having an anaphylactic allergy shall:~~ 15
	158	+	(2) [Designate a peanut– and tree nut–free table in the cafeteria] 13
	159	+	MONITOR AND IMPLEMENT THE GUIDELINES ESTABL ISHED BY THE COUNTY BOARD 14
	160	+	UNDER SUBSECTION (B) OF THIS SECTION ; and 15
162	161
163		-	(1) ~~Monitor AND IMPLEMENT , AS NECESSARY ,~~ the ~~strategies developed~~ 16
164		-	~~in accordance with~~ the ~~Maryland State school health service guidelines~~ to ~~reduce~~ the ~~risk~~ 17
165		-	of ~~exposure to anaphylactic causative agents in classrooms~~ and ~~common areas;~~ 18
	162	+	(3) Establish procedures for self–administration of medication by the child 16
	163	+	if the child is determined to be capable of and responsible for self–administration by the 17
	164	+	principal, parent or guardian of the child, and physician of the child. 18
166	165
167		-	(2) ~~[Designate~~ a ~~peanut– and tree nut–free table in~~ the ~~cafeteria]~~ 19
168		-	~~MONITOR AND IMPLEMENT~~ THE ~~GUIDELINES ESTAB LISHED BY~~ THE ~~COUNTY BOARD~~ 20
169		-	~~UNDER SUBSECTION (B) OF THIS SECTION ; and~~ 21
	166	+	[(c)] (E) A school may revoke the authority of a child to self–administer 19
	167	+	medication if the child endangers himself or herself or another child through misuse of the 20
	168	+	medication. 21
170	169
171		-	(3) Establish procedures for self–administration of medication by the child 22
172		-	if the child is determined to be capable of and responsible for self–administration by the 23
173		-	principal, parent or guardian of the child, and physician of the child. 24
	170	+	[(d)] (F) Except for any willful or grossly negligent act, an employee who 22
	171	+	responds in good faith to the anaphylactic reaction of a child in accordance with this section 23
	172	+	is immune from civil liability for any act or omission in the course of responding to the 24
	173	+	reaction. 25
174	174
175		-	[(c)] (E) A school may revoke the authority of a child to self–administer 25
176		-	medication if the child endangers himself or herself or another child through misuse of the 26
177		-	medication. 27
	175	+	[(e)] (G) If a child has authority to self–administer medication in accordance 26
	176	+	with subsection [(b)(3)] (D)(3) of this section, a local county board may require the parent 27
	177	+	or guardian of the child to sign a statement acknowledging that the school or its employee 28
	178	+	incurs no liability as a result of injury arising from self–administration by the child. 29
178	179
179		-	[(d)] (F) Except for any willful or grossly negligent act, an employee who 28
180		-	responds in good faith to the anaphylactic reaction of a child in accordance with this section 29
181		-	is immune from civil liability for any act or omission in the course of responding to the 30
182		-	reaction. 31
183		-
184		-	[(e)] (G) If a child has authority to self–administer medication in accordance 32
185		-	with subsection [(b)(3)] (D)(3) of this section, a local county board may require the parent 33 HOUSE BILL 154 5
186		-
187		-
188		-	or guardian of the child to sign a statement acknowledging that the school or its employee 1
189		-	incurs no liability as a result of injury arising from self–administration by the child. 2
190		-
191		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 3
192		-	1, 2022. 4
193		-
194		-
195		-
196		-
197		-	Approved:
198		-	________________________________________________________________________________
199		-	Governor.
200		-	________________________________________________________________________________
201		-	Speaker of the House of Delegates.
202		-	________________________________________________________________________________
203		-	President of the Senate.
	180	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 30
	181	+	1, 2022. 31