EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0078*
HOUSE BILL 78
F1 3lr0354
SB 95/22 – EHE (PRE–FILED) CF SB 120
By: Delegate Palakovich Carr
Requested: September 1, 2022
Introduced and read first time: January 11, 2023
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Public Schools – Anaphylactic Food Allergies – Guidelines 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; requiring each public school to develop a system to disclose the major food 5
allergens contained in the foods served in the school; requiring the principal of a 6
certain public school to implement certain strategies and monitor and implement the 7
guidelines established by the county board; and generally relating to anaphylactic 8
food allergies and public schools. 9
BY repealing and reenacting, with amendments, 10
Article – Education 11
Section 7–426.1 12
Annotated Code of Maryland 13
(2022 Replacement Volume) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Education 17
7–426.1. 18
(a) (1) In this section the following words have the meanings indicated. 19
(2) “Anaphylactic allergy” means a food allergy that causes a severe, 20
systematic reaction resulting in circulatory collapse or shock that may be fatal. 21
(3) “Employee” means an individual who is employed by a local board of 22
education, including part–time employees, certified and noncertified substitute teachers 23 2 HOUSE BILL 78
employed by the local board of education for at least 7 days each school year, maintenance 1
workers, and administrative staff. 2
(4) “MAJOR FOOD ALLERGEN ” MEANS: 3
(I) MILK; 4
(II) EGGS; 5
(III) FISH; 6
(IV) CRUSTACEAN SHELLFISH ; 7
(V) TREE NUTS; 8
(VI) WHEAT; 9
(VII) PEANUTS; 10
(VIII) SOYBEANS; AND 11
(IX) SESAME. 12
[(4)] (5) “Self–administer” means the application or consumption of 13
medications in a manner prescribed by a health practitioner who is licensed, certified, or 14
otherwise authorized under the Health Occupations Article to prescribe medications and 15
medication delivery devices by the individual for whom the medication was prescribed 16
without additional assistance or direction. 17
(B) (1) EACH COUNTY BOARD SHA LL ADOPT AND IMPLEME NT 18
GUIDELINES IN ACCORD ANCE WITH THE MARYLAND STATE SCHOOL HEALTH 19
SERVICE GUIDELINES T O REDUCE THE RISK OF EXPOSURE TO ANAPHYLA CTIC 20
CAUSATIVE AGENTS IN CLASSROOMS AND COMM ON AREAS. 21
(2) AT A MINIMUM, THE GUIDELINES UNDER PARAGRAPH (1) OF THIS 22
SUBSECTION SHALL : 23
(I) IF APPROPRIATE , IN ACCORDANCE WITH T HE COLLECTIVE 24
BARGAINING AGREEMENT , DESCRIBE THE ROLES AND RESPON SIBILITIES OF 25
PARENTS, ADMINISTRATORS , HEALTH CARE STAF F, EDUCATORS , FOOD SERVICE 26
EMPLOYEES, AND OPERATIONS STAFF ; 27
(II) EMPHASIZE COMMUNICATI ON AND COLLABORATION 28
BETWEEN SCHOOL STAFF , STUDENTS, AND PARENTS , INCLUDING: 29
HOUSE BILL 78 3
1. NOTIFICATION OF A STU DENT’S ANAPHYLACTIC 1
ALLERGY TO EDUCATORS AND OTHER SCHOOL STAFF WHO COME INTO CONTACT 2
WITH THE STUDENT ; AND 3
2. NOTIFICATION TO PAREN TS AND STUDENTS ABOU T 4
MEASURES THE SCHOOL IS TAKING TO AVOID E XPOSURE TO ALLERGENS ; 5
(III) PROVIDE INFORMATION T O PARENTS ABOUT 504 PLANS 6
AND THEIR APPLICABIL ITY TO STUDENTS WITH ANAPHYLACTIC AL LERGIES; 7
(IV) DESIGNATE SCHOOL AREA S THAT ARE FOOD –FREE; 8
(V) DESIGNATE TABLES IN T HE CAFETERIA TO BE U SED BY 9
STUDENTS WITH ANAPHY LACTIC ALLERGIES THA T ARE FREE OF FOODS CONTAINING 10
THE MAJOR FOOD ALLER GENS OF THE STUDENT USERS; 11
(VI) PROVIDE GUIDELINES FO R WHO MAY USE OR ACC OMPANY 12
STUDENTS USING TABLE S FREE OF MAJOR FOOD ALLERGENS; 13
(VII) PROMOTE HANDWASHING A ND OTHER METHODS FOR THE 14
SAFE HANDLING OF FOO D; 15
(VIII) PROVIDE GUIDELINES FO R THE HANDLING OF FO OD ON 16
SCHOOL–PROVIDED TRANSPORTATION ; 17
(IX) PROVIDE GUIDELINES DE SIGNED TO ENSURE THAT 18
STUDENTS WITH ANAPHY LACTIC ALLERGIES ARE ABLE TO PARTICIPATE IN SCHOOL 19
EVENTS, AFTER–SCHOOL ACTIVITIES , AND FIELD TRIPS; 20
(X) PROVIDE GUIDANCE FOR FOOD DISTRIBUTION BY OUTSIDE 21
PUBLIC OR PRIVATE INDIVI DUALS, GROUPS, AND ENTITIES HOLDING FUNCTIONS ON 22
SCHOOL GROUNDS ; AND 23
(XI) ESTABLISH STRATEGIES TO REDUCE BULLYING A ND 24
HARASSMENT OF STUDEN TS WITH ANAPHYLACTIC ALLERGIES. 25
(3) EACH COUNTY BOARD SHA LL PUBLISH THE GUIDE LINES 26
ADOPTED UNDER THIS SUBSECTIO N ON ITS WEBSITE AND BY ANY OTHER METHOD 27
DETERMINED APPROPRIA TE BY THE BOARD . 28
(C) (1) EACH PUBLIC SCHOOL SH ALL DEVELOP A SYSTEM TO DISCLOSE, 29
WITHIN A REASONABLE TIME IN ADVANCE OF S ERVICE, THE FOODS SERVED IN THE 30
SCHOOL AND THE MAJOR FOOD ALLERGENS CONTA INED IN THE FOOD . 31
4 HOUSE BILL 78
(2) A DISCLOSURE MADE UNDE R THIS SUBSECTION MAY BE BY: 1
(I) DIRECT ELECTRONIC OR PHYSICAL MESSAGES SE NT TO THE 2
SCHOOL COMMUNITY ; OR 3
(II) POSTING ON THE INTERNET. 4
[(b)] (D) In consultation with a school health professional, the principal of a 5
public school that has a child attending the school who has been identified to the school as 6
having an anaphylactic allergy shall: 7
(1) Monitor AND IMPLEMENT , AS NECESSARY , the strategies developed 8
in accordance with the Maryland State school health service guidelines to reduce the risk 9
of exposure to anaphylactic causative agents in classrooms and common areas; 10
(2) [Designate a peanut– and tree nut–free table in the cafeteria] 11
MONITOR AND IMPLEMENT THE GUIDELIN ES ESTABLISHED BY TH E COUNTY BOARD 12
UNDER SUBSECTION (B) OF THIS SECTION ; and 13
(3) Establish procedures for self–administration of medication by the child 14
if the child is determined to be capable of and responsible for self–administration by the 15
principal, parent or guardian of the child, and physician of the child. 16
[(c)] (E) A school may revoke the authority of a child to self–administer 17
medication if the child endangers himself or herself or another child through misuse of the 18
medication. 19
[(d)] (F) Except for any willful or grossly negligent act, an employee who 20
responds in good faith to the anaphylactic reaction of a child in accordance with this section 21
is immune from civil liability for any act or omission in the course of responding to the 22
reaction. 23
[(e)] (G) If a child has authority to self–administer medication in accordance 24
with subsection [(b)(3)] (D)(3) of this section, a local county board may require the parent 25
or guardian of the child to sign a statement acknowledging that the school or its employee 26
incurs no liability as a result of injury arising from self–administration by the child. 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 28
1, 2023. 29