EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
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amendment.
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*hb0078*
HOUSE BILL 78
F1 (3lr0354)
ENROLLED BILL
— Ways and Means/Education, Energy, and the Environment —
Introduced by Delegate Palakovich Carr
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at __ ______________________ o’clock, ________M.
______________________________________________
Speaker.
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 2 HOUSE BILL 78
Article – Education 1
Section 7–426.1 2
Annotated Code of Maryland 3
(2022 Replacement Volume) 4
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
That the Laws of Maryland read as follows: 6
Article – Education 7
7–426.1. 8
(a) (1) In this section the following words have the meanings indicated. 9
(2) “Anaphylactic allergy” means a food allergy that causes a severe, 10
systematic reaction resulting in circulatory collapse or shock that may be fatal. 11
(3) “Employee” means an individual who is employed by a local board of 12
education, including part–time employees, certified and noncertified substitute teachers 13
employed by the local board of education for at least 7 days each school year, maintenance 14
workers, and administrative staff. 15
(4) “MAJOR FOOD ALLERGEN ” MEANS: 16
(I) MILK; 17
(II) EGGS; 18
(III) FISH; 19
(IV) CRUSTACEAN SHELLFISH ; 20
(V) TREE NUTS; 21
(VI) WHEAT; 22
(VII) PEANUTS; 23
(VIII) SOYBEANS; AND 24
(IX) SESAME. 25
[(4)] (5) “Self–administer” means the application or consumption of 26
medications in a manner prescribed by a health practitioner who is licensed, certified, or 27
otherwise authorized under the Health Occupations Article to prescribe medications and 28 HOUSE BILL 78 3
medication delivery devices by the individual for whom the medication was prescribed 1
without additional assistance or direction. 2
(B) (1) EACH BEFORE THE START OF T HE 2024–2025 SCHOOL YEAR , 3
EACH COUNTY BOARD SHALL A DOPT AND IMPLEMENT G UIDELINES IN ACCORDA NCE 4
WITH THE MARYLAND STATE SCHOOL HEALTH S ERVICE GUIDELINES TO REDUCE 5
THE RISK OF EXPOSURE TO ANAPHYLACTIC CAUSATIVE AGENTS MAJOR FOOD 6
ALLERGENS IN CLASSROOMS AND CO MMON AREAS . 7
(2) AT A MINIMUM, THE GUIDELINES UNDER PARAGRAPH (1) OF THIS 8
SUBSECTION SHALL : 9
(I) IF APPROPRIATE , IN ACCORDANCE WITH T HE COLLECTIVE 10
BARGAINING AGREEMENT , DESCRIBE THE ROLES AND RESPON SIBILITIES OF 11
PARENTS, ADMINISTRATORS , HEALTH CARE STAFF , EDUCATORS , FOOD SERVICE 12
EMPLOYEES, AND OPERATIONS STAFF ; 13
(II) EMPHASIZE COMMUNICATI ON AND COLLABORATION 14
BETWEEN SCHOOL STAFF , STUDENTS, AND PARENTS , INCLUDING: 15
1. NOTIFICATION OF A STU DENT’S ANAPHYLACTIC 16
ALLERGY TO EDUCATORS AND OTHER SCHOOL STA FF WHO COME INTO CON TACT 17
WITH THE STUDENT ; AND 18
2. NOTIFICATION TO PAREN TS AND STUDENTS ABOU T 19
MEASURES THE SCHOOL IS TAKING TO AVOID E XPOSURE TO FOOD ALLERGENS; 20
(III) PROVIDE INFORMATION T O PARENTS ABOUT 504 PLANS 21
AND THEIR APPLICABIL ITY TO STUDENTS WITH ANAPHYLACTIC ALLERGI ES; 22
(IV) DESIGNATE SCHOOL AREA S THAT ARE FOOD –FREE; 23
(V) DESIGNATE TABLES IN T HE CAFETERIA TO BE U SED BY 24
STUDENTS WITH ANAPHY LACTIC ALLERGIES THA T ARE FREE OF FOODS CONTAINING 25
THE MAJOR FOOD ALLER GENS OF THE STUDENT USERS; 26
(VI) PROVIDE GUIDELINES FOR WHO M AY USE OR ACCOMPANY 27
STUDENTS USING TABLE S FREE OF MAJOR FOOD ALLERGENS; 28
(VII) PROMOTE HANDWASHING A ND OTHER METHODS FOR THE 29
SAFE HANDLING OF FOO D; 30
(VIII) PROVIDE GUIDELINES FO R THE HANDLING OF FO OD ON 31
SCHOOL–PROVIDED TRANSPORTAT ION; 32 4 HOUSE BILL 78
(IX) PROVIDE GUIDELINES DE SIGNED TO ENSURE THAT 1
STUDENTS WITH ANAPHY LACTIC ALLERGIES ARE ABLE TO PARTICIPATE IN SCHOOL 2
EVENTS, AFTER–SCHOOL ACTIVITIES , AND FIELD TRIPS; 3
(X) PROVIDE GUIDANCE FOR FOOD DISTRIBUTION BY OUTSIDE 4
PUBLIC OR PRIVATE INDIVIDUALS, GROUPS, AND ENTITIES HOLDING FUNCTIONS ON 5
SCHOOL GROUNDS ; AND 6
(XI) ESTABLISH STRATEGIES TO REDUCE BULLYING A ND 7
HARASSMENT OF STUDEN TS WITH ANAPHYLACTIC ALLERGIES. 8
(3) EACH COUNTY BOARD SHA LL PUBLISH THE GUIDE LINES 9
ADOPTED UNDER THIS S UBSECTION ON ITS WEBSI TE AND BY ANY OTHER METHOD 10
DETERMINED APPROPRIA TE BY THE BOARD . 11
(C) (1) EACH SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , EACH 12
PUBLIC SCHOOL SHALL DEVELOP A SYSTEM TO DISCLOSE, WITHIN A REASONABLE 13
TIME IN ADVANCE OF S ERVICE, THE FOODS SERVED IN THE SCHOOL AND THE MAJOR 14
FOOD ALLERGENS CONTA INED IN THE FOOD . 15
(2) A DISCLOSURE MADE UNDE R THIS SUBSECTION MAY BE BY: 16
(I) DIRECT ELECTRONIC OR PHYSICAL MESSAGES SE NT TO THE 17
SCHOOL COMMUNITY ; OR 18
(II) POSTING ON THE INTERNET. 19
(3) (I) BEFORE JANUARY 1, 2026, A PUBLIC SCHOOL MAY NOT BE 20
REQUIRED TO DISPOSE OF A FOOD PRODUCT MA DE OR PURCHASED BEFO RE 21
JANUARY 1, 2023, THAT WAS LABELED IN ACCORDANCE WITH FEDE RAL LAW BEFORE 22
THE EFFECTIVE DATE O F THE REQUIREMENT TH AT SESAME BE LISTED ON THE FOOD 23
PRODUCT LABEL UNDER THE FEDERAL FOOD ALLERGY SAFETY, TREATMENT, 24
EDUCATION, AND RESEARCH ACT OF 2021. 25
(II) IF A PUBLIC SCHOOL IS USING A FOOD PRODUCT THAT WAS 26
MADE OR PURCHASED BE FORE JANUARY 1, 2023, THE SCHOOL SHALL DIS CLOSE 27
THAT THE FOOD MAY CO NTAIN SESAME. 28
[(b)] (D) In consultation with a school health professional, the principal of a 29
public school that has a child attending the school who has been identified to the school as 30
having an anaphylactic allergy shall: 31
HOUSE BILL 78 5
(1) Monitor AND IMPLEMENT , AS NECESSARY , the strategies developed 1
in accordance with the Maryland State school health service guidelines to reduce the risk 2
of exposure to anaphylactic causative agents in classrooms and common areas; 3
(2) [Designate a peanut– and tree nut–free table in the cafeteria] 4
MONITOR AND IMPLEMENT THE GUIDELINES ESTAB LISHED BY THE COUNTY BOARD 5
UNDER SUBSECTION (B) OF THIS SECTION ; and 6
(3) Establish procedures for self–administration of medication by the child 7
if the child is determined to be capable of and responsible for self–administration by the 8
principal, parent or guardian of the child, and physician of the child. 9
[(c)] (E) A school may revoke the authority of a child to self–administer 10
medication if the child endangers himself or herself or another child through misuse of the 11
medication. 12
[(d)] (F) Except for any willful or grossly negligent act, an employee who 13
responds in good faith to the anaphylactic reaction of a child in accordance with this section 14
is immune from civil liability for any act or omission in the course of responding to the 15
reaction. 16
[(e)] (G) If a child has authority to self–administer medication in accordance 17
with subsection [(b)(3)] (D)(3) of this section, a local county board may require the parent 18
or guardian of the child to sign a statement acknowledging that the school or its employee 19
incurs no liability as a result of injury arising from self–administration by the child. 20
SECTION 2. AND BE IT FURTHER ENACTED, That: 21
(a) On or before August 1, 2023, the State Department of Education and the 22
Maryland Department of Health jointly shall update the Maryland State school health 23
service guidelines to reduce the risk of exposure to anaphylactic causative agents in 24
classrooms and common areas described under § 7–426.1 of the Education Article. 25
(b) Before the start of the 2023–2024 school year, each county board of education, 26
including the Baltimore City Board of School Commissioners, shall make a good faith effort 27
to adopt and implement guidelines in accordance with § 7–426.1 of the Education Article, 28
as enacted by Section 1 of this Act, and following the Maryland State school health service 29
guidelines updated under subsection (a) of this section. 30
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effe ct 31
July June 1, 2023. 32