EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0095*
SENATE BILL 95
F1 2lr0586
(PRE–FILED) CF HB 154
By: Senator Lam
Requested: September 28, 2021
Introduced and read first time: January 12, 2022
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
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
(3) “Employee” means an individual who is employed by a local board of 18
education, including part–time employees, certified and noncertified substitute teachers 19
employed by the local board of education for at least 7 days each school year, maintenance 20
workers, and administrative staff. 21
2 SENATE BILL 95
(4) “MAJOR FOOD ALLERGEN ” MEANS: 1
(I) MILK; 2
(II) EGG; 3
(III) FISH; 4
(IV) CRUSTACEAN SHELLFISH ; 5
(V) TREE NUTS; 6
(VI) WHEAT; 7
(VII) PEANUTS; 8
(VIII) SOYBEANS; AND 9
(IX) SESAME. 10
[(4)] (5) “Self–administer” means the application or consumption of 11
medications in a manner prescribed by a health practitioner who is licensed, certified, or 12
otherwise authorized under the Health Occupations Article to prescribe medications and 13
medication delivery devices by the individual for whom the medication was prescribed 14
without additional assistance or direction. 15
(B) (1) EACH COUNTY BOARD SHA LL ADOPT AND IMPLEME NT 16
GUIDELINES IN ACCORD ANCE WITH THE MARYLAND STATE SCHOOL HEALTH 17
SERVICE GUIDELINES T O REDUCE THE RISK OF EXPOSURE TO ANAPHYLA CTIC 18
CAUSATIVE AGENTS IN CLASSROOMS AND CO MMON AREAS . 19
(2) AT A MINIMUM, THE GUIDELINES UNDER PARAGRAPH (1) OF THIS 20
SUBSECTION SHALL : 21
(I) DESCRIBE THE ROLES AN D RESPONSIBILITIES O F PARENTS, 22
ADMINISTRATORS , HEALTH CARE STAFF , EDUCATORS , FOOD SERVICE EMPLOYE ES, 23
AND OPERATIONS STAFF ; 24
(II) EMPHASIZE COMMUNICATI ON AND COLLABORATION 25
BETWEEN SCHOOL STAFF , STUDENTS, AND PARENTS , INCLUDING: 26
1. NOTIFICATION OF A STU DENT’S ANAPHYLACTIC 27
ALLERGY TO EDUCATORS AND OTHER SCHOOL STA FF WHO COME INTO CON TACT 28
WITH THE STUDENT ; AND 29 SENATE BILL 95 3
2. NOTIFICATION T O PARENTS AND STUDEN TS ABOUT 1
MEASURES THE SCHOOL IS TAKING TO AVOID E XPOSURE TO ALLERGENS ; 2
(III) PROVIDE INFORMATION T O PARENTS ABOUT 504 PLANS 3
AND THEIR APPLICABIL ITY TO STUDENTS WITH ANAPHYLACTIC ALLERGI ES; 4
(IV) DESIGNATE SCHOOL AREA S THAT ARE FOOD–FREE; 5
(V) DESIGNATE TABLES IN T HE CAFETERIA TO BE U SED BY 6
STUDENTS WITH ANAPHY LACTIC ALLERGIES THA T ARE FREE OF FOODS CONTAINING 7
THE MAJOR FOOD ALLER GEN OF THE STUDENT U SERS; 8
(VI) PROVIDE GUIDELINES FO R WHO MAY USE OR ACC OMPANY 9
STUDENTS USING TABLES FREE OF MAJOR FOOD ALLERGENS ; 10
(VII) PROMOTE HAND WASHING AND OTHER METHODS FO R THE 11
SAFE HANDLING OF FOO D; 12
(VIII) PROVIDE GUIDELINES FO R THE HANDLING OF FO OD ON 13
SCHOOL–PROVIDED TRANSPORTAT ION; 14
(IX) ENSURE THAT STUDENTS WITH ANAPHYLACTIC A LLERGIES 15
ARE ABLE TO FULLY PA RTICIPATE IN ALL SCH OOL EVENTS , AFTER SCHOOL 16
ACTIVITIES, AND FIELD TRIPS; 17
(X) PROVIDE GUIDANCE FOR FOOD DISTRIBUTION BY PRIVATE 18
GROUPS HOLDING FUNCT IONS ON SCHOOL GROUN DS; AND 19
(XI) ESTABLISH STRATEGIES TO REDUCE BULLYIN G AND 20
HARASSMENT OF STUDEN TS WITH ANAPHYLACTIC ALLERGIES. 21
(3) EACH COUNTY BOARD SHA LL PUBLISH THE GUIDE LINES 22
ADOPTED UNDER THIS S UBSECTION ON ITS WEB SITE AND BY ANY OTHE R METHOD 23
DETERMINED APPROPRIA TE BY THE BOARD . 24
(C) (1) (I) EACH PUBLIC SCHOOL SH ALL DEVELOP A SYSTEM T O 25
DISCLOSE, WITHIN A REASONABLE TIME IN ADVANCE OF S ERVICE, THE FOODS 26
SERVED IN THE SCHOOL AND THE MAJOR FOOD A LLERGENS CONTAINED I N THE 27
FOOD. 28
(II) A DISCLOSURE MADE UNDE R THIS PARAGRAPH MAY BE BY: 29
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1. DIRECT ELECTRONIC OR PHYSICAL MESSAGES SE NT 1
TO THE SCHOOL COMMUN ITY; OR 2
2. POSTING ON THE INTERNET. 3
(2) EACH DAY THAT FOOD IS SERVED IN A SCHOOL , THE SCHOOL 4
SHALL POST IN A CONS PICUOUS LOCATION IN THE CAFETERIA A LIST OF ALL THE 5
FOODS BEING SERVED A ND ANY MAJOR FOOD AL LERGENS CONTAINED IN THE FOOD. 6
[(b)] (D) In consultation with a school health professional, the principal of a 7
public school that has a child attending the school who has been identified to the school as 8
having an anaphylactic allergy shall: 9
(1) Monitor AND IMPLEMENT , AS NECESSARY , the strategies developed 10
in accordance with the Maryland State school health service guidelines to reduce the risk 11
of exposure to anaphylactic causative agents in classrooms and common areas; 12
(2) [Designate a peanut– and tree nut–free table in the cafeteria] 13
MONITOR AND IMPLEMENT THE GUIDELINES ESTAB LISHED BY THE COUNTY BOARD 14
UNDER SUBSECTION (B) OF THIS SECTION ; and 15
(3) Establish procedures for self–administration of medication by the child 16
if the child is determined to be capable of and responsible for self–administration by the 17
principal, parent or guardian of the child, and physician of the child. 18
[(c)] (E) A school may revoke the authority of a child to self–administer 19
medication if the child endangers himself or herself or another child through misuse of the 20
medication. 21
[(d)] (F) Except for any willful or grossly negligent act, an employee who 22
responds in good faith to the anaphylactic reaction of a child in accordance with this section 23
is immune from civil liability for any act or omission in the course of responding to the 24
reaction. 25
[(e)] (G) If a child has authority to self–administer medication in accordance 26
with subsection [(b)(3)] (D)(3) of this section, a local county board may require the parent 27
or guardian of the child to sign a statement acknowledging that the school or its employee 28
incurs no liability as a result of injury arising from self–administration by the child. 29
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 30
1, 2022. 31