EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0154*
HOUSE BILL 154
F1 2lr0585
(PRE–FILED) CF SB 95
By: Delegate Palakovich Carr
Requested: September 28, 2021
Introduced and read first time: January 12, 2022
Assigned to: Ways and Means
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 22, 2022
CHAPTER ______
AN ACT concerning 1
Public Schools – Anaphylactic Food Allergies – Guidelines and Requirements 2
FOR the purpose of requiring each county board of education to adopt, implement, and 3
publish certain guidelines for reducing the risk to students with anaphylactic food 4
allergies; and generally relating to anaphylactic food allergies and public schools. 5
BY repealing and reenacting, with amendments, 6
Article – Education 7
Section 7–426.1 8
Annotated Code of Maryland 9
(2018 Replacement Volume and 2021 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – Education 13
7–426.1. 14
(a) (1) In this section the following words have the meanings indicated. 15
(2) “Anaphylactic allergy” means a food allergy that causes a severe, 16
systematic reaction resulting in circulatory collapse or shock that may be fatal. 17
2 HOUSE BILL 154
(3) “Employee” means an individual who is employed by a local board of 1
education, including part–time employees, certified and noncertified substitute teachers 2
employed by the local board of education for at least 7 days each school year, maintenance 3
workers, and administrative staff. 4
(4) “MAJOR FOOD ALLERGEN ” MEANS: 5
(I) MILK; 6
(II) EGG; 7
(III) FISH; 8
(IV) CRUSTACEAN SHELLFISH ; 9
(V) TREE NUTS; 10
(VI) WHEAT; 11
(VII) PEANUTS; 12
(VIII) SOYBEANS; AND 13
(IX) SESAME. 14
[(4)] (5) “Self–administer” means the application or consumption of 15
medications in a manner prescribed by a health practitioner who is licensed, certified, or 16
otherwise authorized under the Health Occupations Article to prescribe medications and 17
medication delivery devices by the individual for whom the medication was prescribed 18
without additional assistance or direction. 19
(B) (1) EACH COUNTY BOARD SHA LL ADOPT AND IMPLEME NT 20
GUIDELINES IN ACCORD ANCE WITH THE MARYLAND STATE SCHOOL HEALTH 21
SERVICE GUIDELINES T O REDUCE THE RISK OF E XPOSURE TO ANAPHYLAC TIC 22
CAUSATIVE AGENTS IN CLASSROOMS AND COMMO N AREAS. 23
(2) AT A MINIMUM, THE GUIDELINES UNDER PARAGRAPH (1) OF THIS 24
SUBSECTION SHALL : 25
(I) DESCRIBE IF APPROPRIATE , IN ACCORDANCE WITH T HE 26
COLLECTIVE BARGAININ G AGREEMENT , DESCRIBE THE ROLES AND 27
RESPONSIBILITIES OF PARENTS, ADMINISTRATORS , HEALTH CARE STAFF , 28
EDUCATORS , FOOD SERVICE EMPLOYE ES, AND OPERATIONS STAFF ; 29
HOUSE BILL 154 3
(II) EMPHASIZE COMMUNICATI ON AND COLLABORATION 1
BETWEEN SCHOOL STAFF , STUDENTS, AND PARENTS , INCLUDING: 2
1. NOTIFICATION OF A STU DENT’S ANAPHYLACTIC 3
ALLERGY TO EDUCATORS AND OTHER SCHOOL STA FF WHO COME INTO CON TACT 4
WITH THE STUDENT ; AND 5
2. NOTIFICATION TO PAREN TS AND STUDENTS ABOU T 6
MEASURES THE SCHOOL IS TAKING TO AVOID E XPOSURE TO ALLERGENS ; 7
(III) PROVIDE INFORMATION T O PARENTS ABOUT 504 PLANS 8
AND THEIR APPLICABIL ITY TO STUDENTS WITH ANAPHYLACTIC ALLERGI ES; 9
(IV) DESIGNATE SCHOOL AREA S THAT ARE FOOD –FREE; 10
(V) DESIGNATE TABLES IN T HE CAFETERIA TO BE U SED BY 11
STUDENTS WITH ANAPHY LACTIC ALLERGIES THAT ARE F REE OF FOODS CONTAIN ING 12
THE MAJOR FOOD ALLER GEN OF THE STUDENT U SERS; 13
(VI) PROVIDE GUIDELINES FO R WHO MAY USE OR ACC OMPANY 14
STUDENTS USING TABLE S FREE OF MAJOR FOOD ALLERGENS; 15
(VII) PROMOTE HAND WASHING AND OTHER METHODS FO R THE 16
SAFE HANDLING OF FOO D; 17
(VIII) PROVIDE GUIDELINES FO R THE HANDLING OF FO OD ON 18
SCHOOL–PROVIDED TRANSPORTAT ION; 19
(IX) ENSURE PROVIDE GUIDELINES DE SIGNED TO ENSURE THAT 20
STUDENTS WITH ANAPHY LACTIC ALLERGIES ARE ABLE TO FULLY PARTICIPATE IN 21
ALL SCHOOL EVENTS , AFTER SCHOOL ACTIVIT IES, AND FIELD TRIPS; 22
(X) PROVIDE GUIDANCE FOR FOOD DISTRIBUTION BY PRIVATE 23
GROUPS OUTSIDE PUBLIC OR PR IVATE INDIVIDUALS , GROUPS, AND ENTITIES 24
HOLDING FUNCTIONS ON SCHOOL GROUNDS ; AND 25
(XI) ESTABLISH STRATEGIES TO REDUCE BULLYING AND 26
HARASSMENT OF STUDEN TS WITH ANAPHYLACTIC ALLERGIES. 27
(3) EACH COUNTY BOARD SHA LL PUBLISH THE GUIDE LINES 28
ADOPTED UNDER THIS S UBSECTION ON ITS WEB SITE AND BY ANY OTHE R METHOD 29
DETERMINED APPROPRIA TE BY THE BOARD . 30
4 HOUSE BILL 154
(C) (1) (I) EACH PUB LIC SCHOOL SHALL DEV ELOP A SYSTEM TO 1
DISCLOSE, WITHIN A REASONABLE TIME IN ADVANCE OF S ERVICE, THE FOODS 2
SERVED IN THE SCHOOL AND THE MAJOR FOOD A LLERGENS CONTAINED I N THE 3
FOOD. 4
(II) (2) A DISCLOSURE MADE UNDE R THIS PARAGRAPH 5
SUBSECTION MAY BE BY: 6
1. (I) DIRECT ELECTRONIC OR PHYSICAL MESSAGES SE NT 7
TO THE SCHOOL COMMUN ITY; OR 8
2. (II) POSTING ON THE INTERNET. 9
(2) EACH DAY THAT FOOD IS SERVED IN A SCHOOL , THE SCHOOL 10
SHALL POST IN A CONS PICUOUS LOCATION IN THE CAFETERIA A LIST OF ALL THE 11
FOODS BEING SERVED AND ANY MAJOR FOOD ALLERGENS CONTAINED IN THE FOO D. 12
[(b)] (D) In consultation with a school health professional, the principal of a 13
public school that has a child attending the school who has been identified to the school as 14
having an anaphylactic allergy shall: 15
(1) Monitor AND IMPLEMENT , AS NECESSARY , the strategies developed 16
in accordance with the Maryland State school health service guidelines to reduce the risk 17
of exposure to anaphylactic causative agents in classrooms and common areas; 18
(2) [Designate a peanut– and tree nut–free table in the cafeteria] 19
MONITOR AND IMPLEMENT THE GUIDELINES ESTAB LISHED BY THE COUNTY BOARD 20
UNDER SUBSECTION (B) OF THIS SECTION ; and 21
(3) Establish procedures for self–administration of medication by the child 22
if the child is determined to be capable of and responsible for self–administration by the 23
principal, parent or guardian of the child, and physician of the child. 24
[(c)] (E) A school may revoke the authority of a child to self–administer 25
medication if the child endangers himself or herself or another child through misuse of the 26
medication. 27
[(d)] (F) Except for any willful or grossly negligent act, an employee who 28
responds in good faith to the anaphylactic reaction of a child in accordance with this section 29
is immune from civil liability for any act or omission in the course of responding to the 30
reaction. 31
[(e)] (G) If a child has authority to self–administer medication in accordance 32
with subsection [(b)(3)] (D)(3) of this section, a local county board may require the parent 33 HOUSE BILL 154 5
or guardian of the child to sign a statement acknowledging that the school or its employee 1
incurs no liability as a result of injury arising from self–administration by the child. 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 3
1, 2022. 4
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.