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.
*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
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 14, 2023
CHAPTER ______
AN ACT concerning 1
Public Schools – Anaphylactic Food Allergies – Guidelines 2
FOR the purpose of requiring each county board of education, before the start of a certain 3
school year, to adopt, implement, and publish certain guidelines for reducing the risk 4
to students with anaphylactic food allergies; requiring each public school to develop 5
a system to disclose the major food allergens contained in the foods served in the 6
school; requiring the principal of a certain public school to implement certain 7
strategies and monitor and implement the guidelines established by the county 8
board; requiring the State Department of Education and the Maryland Department 9
of Health jointly to update certain anaphylactic food guidelines on or before a certain 10
date; requiring each county board to make a good faith effort to adopt certain 11
guidelines before the start of a certain school year; and generally relating to 12
anaphylactic food allergies and public schools. 13
BY repealing and reenacting, with amendments, 14
Article – Education 15
Section 7–426.1 16
Annotated Code of Maryland 17
(2022 Replacement Volume) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Education 21 2 HOUSE BILL 78
7–426.1. 1
(a) (1) In this section the following words have the meanings indicated. 2
(2) “Anaphylactic allergy” means a food allergy that causes a severe, 3
systematic reaction resulting in circulatory collapse or shock that may be fatal. 4
(3) “Employee” means an individual who is employed by a local board of 5
education, including part–time employees, certified and noncertified substitute teachers 6
employed by the local board of education for at least 7 days each school year, maintenance 7
workers, and administrative staff. 8
(4) “MAJOR FOOD ALLERGEN ” MEANS: 9
(I) MILK; 10
(II) EGGS; 11
(III) FISH; 12
(IV) CRUSTACEAN SHELLFISH ; 13
(V) TREE NUTS; 14
(VI) WHEAT; 15
(VII) PEANUTS; 16
(VIII) SOYBEANS; AND 17
(IX) SESAME. 18
[(4)] (5) “Self–administer” means the application or consumption of 19
medications in a manner prescribed by a health practitioner who is licensed, certified, or 20
otherwise authorized under the Health Occupations Article to prescribe medications and 21
medication delivery devices by the individual for whom the medication was prescribed 22
without additional assistance or direction. 23
(B) (1) EACH BEFORE THE START OF THE 2024–2025 SCHOOL YEAR , 24
EACH COUNTY BOARD SHALL A DOPT AND IMPLEMENT G UIDELINES IN ACCORDA NCE 25
WITH THE MARYLAND STATE SCHOOL HEALTH S ERVICE GUIDELINES TO REDUCE 26
THE RISK OF EXPOSURE TO ANAPHYLACTIC CAUS ATIVE AGENTS IN CLAS SROOMS 27
AND COMMON AREAS . 28
HOUSE BILL 78 3
(2) AT A MINIMUM, THE GUIDELINES UNDER PARAGRAPH (1) OF THIS 1
SUBSECTION SHALL : 2
(I) IF APPROPRIATE , IN ACCORDANCE WITH T HE COLLECTIVE 3
BARGAINING AGREEMENT , DESCRIBE THE ROLES AND RESPON SIBILITIES OF 4
PARENTS, ADMINISTRATORS , HEALTH CARE STAFF , EDUCATORS , FOOD SERVICE 5
EMPLOYEES, AND OPERATIONS STAFF ; 6
(II) EMPHASIZE COMMUNICATI ON AND COLLABORATION 7
BETWEEN SCHOOL STAFF , STUDENTS, AND PARENTS , INCLUDING: 8
1. NOTIFICATION OF A STU DENT’S ANAPHYLACTIC 9
ALLERGY TO EDUCATORS AND OTHER SCHOOL STA FF WHO COME INTO CONTACT 10
WITH THE STUDENT ; AND 11
2. NOTIFICATION TO PAREN TS AND STUDENTS ABOU T 12
MEASURES THE SCHOOL IS TAKING TO AVOID E XPOSURE TO ALLERGENS ; 13
(III) PROVIDE INFORMATION T O PARENTS ABOUT 504 PLANS 14
AND THEIR APPLICABIL ITY TO STUDENTS WITH ANAPHYLACTIC A LLERGIES; 15
(IV) DESIGNATE SCHOOL AREA S THAT ARE FOOD –FREE; 16
(V) DESIGNATE TABLES IN T HE CAFETERIA TO BE U SED BY 17
STUDENTS WITH ANAPHY LACTIC ALLERGIES THA T ARE FREE OF FOODS CONTAINING 18
THE MAJOR FOOD ALLER GENS OF THE STUDENT USERS; 19
(VI) PROVIDE GUIDELINES FOR WHO MAY USE OR ACCOMPANY 20
STUDENTS USING TABLE S FREE OF MAJOR FOOD ALLERGENS; 21
(VII) PROMOTE HANDWASHING A ND OTHER METHODS FOR THE 22
SAFE HANDLING OF FOO D; 23
(VIII) PROVIDE GUIDELINES FO R THE HANDLING OF FO OD ON 24
SCHOOL–PROVIDED TRANSPORTAT ION; 25
(IX) PROVIDE GUIDELINES DE SIGNED TO ENSURE THAT 26
STUDENTS WITH ANAPHY LACTIC ALLERGIES ARE ABLE TO PARTICIPATE IN SCHOOL 27
EVENTS, AFTER–SCHOOL ACTIVITIES , AND FIELD TRIPS; 28
(X) PROVIDE GUIDANCE FOR FOOD DISTRIBUTION BY OUTSIDE 29
PUBLIC OR PRIVATE INDIVIDUALS, GROUPS, AND ENTITIES HOLDING FUNCTIONS ON 30
SCHOOL GROUNDS ; AND 31
4 HOUSE BILL 78
(XI) ESTABLISH STRATEGIES TO REDUCE BULLYING A ND 1
HARASSMENT OF STUDEN TS WITH ANAPHYLACTIC ALLERGIES. 2
(3) EACH COUNTY BOARD SHA LL PUBLISH THE GUIDE LINES 3
ADOPTED UNDER THIS S UBSECTION ON ITS WEBSI TE AND BY ANY OTHER METHOD 4
DETERMINED APPROPRIA TE BY THE BOARD . 5
(C) (1) EACH PUBLIC SCHOOL SH ALL DEVELOP A SYSTEM TO DISCLOSE, 6
WITHIN A REASONABLE TIME IN ADVANCE OF S ERVICE, THE FOODS SERVED IN THE 7
SCHOOL AND THE MAJOR FOOD ALLERGENS CONTAINED IN THE FOO D. 8
(2) A DISCLOSURE MADE UNDE R THIS SUBSECTION MAY BE BY: 9
(I) DIRECT ELECTRONIC OR PHYSICAL MESSAGES SE NT TO THE 10
SCHOOL COMMUNITY ; OR 11
(II) POSTING ON THE INTERNET. 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 78 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: 3
(a) On or before August 1, 2023, the State Department of Education and the 4
Maryland Department of Health jointly shall update the Maryland State school health 5
service guidelines to reduce the risk of exposure to anaphylactic causative agents in 6
classrooms and common areas described under § 7–426.1 of the Education Article. 7
(b) Before the start of the 2023–2024 school year, each county board of education, 8
including the Baltimore City Board of School Commissioners, shall make a good faith effort 9
to adopt and implement guidelines in accordance with § 7–426.1 of the Education Article, 10
as enacted by Section 1 of this Act, and following the Maryland State school health service 11
guidelines updated under subsection (a) of this section. 12
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
July June 1, 2023. 14
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.