Maryland 2022 Regular Session

Maryland Senate Bill SB95 Compare Versions

Only one version of the bill is available at this time.

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	5	sb0095
6	6
7	7	SENATE BILL 95
8	8	F1 2lr0586
9	9	(PRE–FILED) CF HB 154
10	10	By: Senator Lam
11	11	Requested: September 28, 2021
12	12	Introduced and read first time: January 12, 2022
13	13	Assigned to: Education, Health, and Environmental Affairs
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Public Schools – Anaphylactic Food Allergies – Guidelines and Requirements 2
20	20
21	21	FOR the purpose of requiring each county board of education to adopt, implement, and 3
22	22	publish certain guidelines for reducing the risk to students with anaphylactic food 4
23	23	allergies; and generally relating to anaphylactic food allergies and public schools. 5
24	24
25	25	BY repealing and reenacting, with amendments, 6
26	26	Article – Education 7
27	27	Section 7–426.1 8
28	28	Annotated Code of Maryland 9
29	29	(2018 Replacement Volume and 2021 Supplement) 10
30	30
31	31	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
32	32	That the Laws of Maryland read as follows: 12
33	33
34	34	Article – Education 13
35	35
36	36	7–426.1. 14
37	37
38	38	(a) (1) In this section the following words have the meanings indicated. 15
39	39
40	40	(2) “Anaphylactic allergy” means a food allergy that causes a severe, 16
41	41	systematic reaction resulting in circulatory collapse or shock that may be fatal. 17
42	42
43	43	(3) “Employee” means an individual who is employed by a local board of 18
44	44	education, including part–time employees, certified and noncertified substitute teachers 19
45	45	employed by the local board of education for at least 7 days each school year, maintenance 20
46	46	workers, and administrative staff. 21
47	47	2 SENATE BILL 95
48	48
49	49
50	50	(4) “MAJOR FOOD ALLERGEN ” MEANS: 1
51	51
52	52	(I) MILK; 2
53	53
54	54	(II) EGG; 3
55	55
56	56	(III) FISH; 4
57	57
58	58	(IV) CRUSTACEAN SHELLFISH ; 5
59	59
60	60	(V) TREE NUTS; 6
61	61
62	62	(VI) WHEAT; 7
63	63
64	64	(VII) PEANUTS; 8
65	65
66	66	(VIII) SOYBEANS; AND 9
67	67
68	68	(IX) SESAME. 10
69	69
70	70	[(4)] (5) “Self–administer” means the application or consumption of 11
71	71	medications in a manner prescribed by a health practitioner who is licensed, certified, or 12
72	72	otherwise authorized under the Health Occupations Article to prescribe medications and 13
73	73	medication delivery devices by the individual for whom the medication was prescribed 14
74	74	without additional assistance or direction. 15
75	75
76	76	(B) (1) EACH COUNTY BOARD SHA LL ADOPT AND IMPLEME NT 16
77	77	GUIDELINES IN ACCORD ANCE WITH THE MARYLAND STATE SCHOOL HEALTH 17
78	78	SERVICE GUIDELINES T O REDUCE THE RISK OF EXPOSURE TO ANAPHYLA CTIC 18
79	79	CAUSATIVE AGENTS IN CLASSROOMS AND CO MMON AREAS . 19
80	80
81	81	(2) AT A MINIMUM, THE GUIDELINES UNDER PARAGRAPH (1) OF THIS 20
82	82	SUBSECTION SHALL : 21
83	83
84	84	(I) DESCRIBE THE ROLES AN D RESPONSIBILITIES O F PARENTS, 22
85	85	ADMINISTRATORS , HEALTH CARE STAFF , EDUCATORS , FOOD SERVICE EMPLOYE ES, 23
86	86	AND OPERATIONS STAFF ; 24
87	87
88	88	(II) EMPHASIZE COMMUNICATI ON AND COLLABORATION 25
89	89	BETWEEN SCHOOL STAFF , STUDENTS, AND PARENTS , INCLUDING: 26
90	90
91	91	1. NOTIFICATION OF A STU DENT’S ANAPHYLACTIC 27
92	92	ALLERGY TO EDUCATORS AND OTHER SCHOOL STA FF WHO COME INTO CON TACT 28
93	93	WITH THE STUDENT ; AND 29 SENATE BILL 95 3
94	94
95	95
96	96
97	97	2. NOTIFICATION T O PARENTS AND STUDEN TS ABOUT 1
98	98	MEASURES THE SCHOOL IS TAKING TO AVOID E XPOSURE TO ALLERGENS ; 2
99	99
100	100	(III) PROVIDE INFORMATION T O PARENTS ABOUT 504 PLANS 3
101	101	AND THEIR APPLICABIL ITY TO STUDENTS WITH ANAPHYLACTIC ALLERGI ES; 4
102	102
103	103	(IV) DESIGNATE SCHOOL AREA S THAT ARE FOOD–FREE; 5
104	104
105	105	(V) DESIGNATE TABLES IN T HE CAFETERIA TO BE U SED BY 6
106	106	STUDENTS WITH ANAPHY LACTIC ALLERGIES THA T ARE FREE OF FOODS CONTAINING 7
107	107	THE MAJOR FOOD ALLER GEN OF THE STUDENT U SERS; 8
108	108
109	109	(VI) PROVIDE GUIDELINES FO R WHO MAY USE OR ACC OMPANY 9
110	110	STUDENTS USING TABLES FREE OF MAJOR FOOD ALLERGENS ; 10
111	111
112	112	(VII) PROMOTE HAND WASHING AND OTHER METHODS FO R THE 11
113	113	SAFE HANDLING OF FOO D; 12
114	114
115	115	(VIII) PROVIDE GUIDELINES FO R THE HANDLING OF FO OD ON 13
116	116	SCHOOL–PROVIDED TRANSPORTAT ION; 14
117	117
118	118	(IX) ENSURE THAT STUDENTS WITH ANAPHYLACTIC A LLERGIES 15
119	119	ARE ABLE TO FULLY PA RTICIPATE IN ALL SCH OOL EVENTS , AFTER SCHOOL 16
120	120	ACTIVITIES, AND FIELD TRIPS; 17
121	121
122	122	(X) PROVIDE GUIDANCE FOR FOOD DISTRIBUTION BY PRIVATE 18
123	123	GROUPS HOLDING FUNCT IONS ON SCHOOL GROUN DS; AND 19
124	124
125	125	(XI) ESTABLISH STRATEGIES TO REDUCE BULLYIN G AND 20
126	126	HARASSMENT OF STUDEN TS WITH ANAPHYLACTIC ALLERGIES. 21
127	127
128	128	(3) EACH COUNTY BOARD SHA LL PUBLISH THE GUIDE LINES 22
129	129	ADOPTED UNDER THIS S UBSECTION ON ITS WEB SITE AND BY ANY OTHE R METHOD 23
130	130	DETERMINED APPROPRIA TE BY THE BOARD . 24
131	131
132	132	(C) (1) (I) EACH PUBLIC SCHOOL SH ALL DEVELOP A SYSTEM T O 25
133	133	DISCLOSE, WITHIN A REASONABLE TIME IN ADVANCE OF S ERVICE, THE FOODS 26
134	134	SERVED IN THE SCHOOL AND THE MAJOR FOOD A LLERGENS CONTAINED I N THE 27
135	135	FOOD. 28
136	136
137	137	(II) A DISCLOSURE MADE UNDE R THIS PARAGRAPH MAY BE BY: 29
138	138	4 SENATE BILL 95
139	139
140	140
141	141	1. DIRECT ELECTRONIC OR PHYSICAL MESSAGES SE NT 1
142	142	TO THE SCHOOL COMMUN ITY; OR 2
143	143
144	144	2. POSTING ON THE INTERNET. 3
145	145
146	146	(2) EACH DAY THAT FOOD IS SERVED IN A SCHOOL , THE SCHOOL 4
147	147	SHALL POST IN A CONS PICUOUS LOCATION IN THE CAFETERIA A LIST OF ALL THE 5
148	148	FOODS BEING SERVED A ND ANY MAJOR FOOD AL LERGENS CONTAINED IN THE FOOD. 6
149	149
150	150	[(b)] (D) In consultation with a school health professional, the principal of a 7
151	151	public school that has a child attending the school who has been identified to the school as 8
152	152	having an anaphylactic allergy shall: 9
153	153
154	154	(1) Monitor AND IMPLEMENT , AS NECESSARY , the strategies developed 10
155	155	in accordance with the Maryland State school health service guidelines to reduce the risk 11
156	156	of exposure to anaphylactic causative agents in classrooms and common areas; 12
157	157
158	158	(2) [Designate a peanut– and tree nut–free table in the cafeteria] 13
159	159	MONITOR AND IMPLEMENT THE GUIDELINES ESTAB LISHED BY THE COUNTY BOARD 14
160	160	UNDER SUBSECTION (B) OF THIS SECTION ; and 15
161	161
162	162	(3) Establish procedures for self–administration of medication by the child 16
163	163	if the child is determined to be capable of and responsible for self–administration by the 17
164	164	principal, parent or guardian of the child, and physician of the child. 18
165	165
166	166	[(c)] (E) A school may revoke the authority of a child to self–administer 19
167	167	medication if the child endangers himself or herself or another child through misuse of the 20
168	168	medication. 21
169	169
170	170	[(d)] (F) Except for any willful or grossly negligent act, an employee who 22
171	171	responds in good faith to the anaphylactic reaction of a child in accordance with this section 23
172	172	is immune from civil liability for any act or omission in the course of responding to the 24
173	173	reaction. 25
174	174
175	175	[(e)] (G) If a child has authority to self–administer medication in accordance 26
176	176	with subsection [(b)(3)] (D)(3) of this section, a local county board may require the parent 27
177	177	or guardian of the child to sign a statement acknowledging that the school or its employee 28
178	178	incurs no liability as a result of injury arising from self–administration by the child. 29
179	179
180	180	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 30
181	181	1, 2022. 31
182	182