MD
Maryland Senate Bill SB120

Maryland 2023 Regular Session

Maryland Senate Bill SB120 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *sb0120*
96
107 SENATE BILL 120
118 F1 3lr0353
129 HB 154/22 – W&M (PRE–FILED) CF HB 78
1310 By: Senator Lam
1411 Requested: September 1, 2022
1512 Introduced and read first time: January 11, 2023
1613 Assigned to: Education, Energy, and the Environment
17-Committee Report: Favorable with amendments
18-Senate action: Adopted
19-Read second time: February 28, 2023
2014
21-CHAPTER ______
15+A BILL ENTITLED
2216
2317 AN ACT concerning 1
2418
2519 Public Schools – Anaphylactic Food Allergies – Guidelines 2
2620
27-FOR the purpose of requiring each county board of education, before the start of a certain 3
28-school year, to adopt, implement, and publish certain guidelines for reducing the risk 4
29-to students with anaphylactic food allergies; requiring each public school to develop 5
30-a system to disclose the major food allergens contained in the foods served in the 6
31-school; requiring the principal of a certain public school to implement certain 7
32-strategies and monitor and implement the guidelines established by the county 8
33-board; requiring the State Department of Education and the Maryland Department 9
34-of Health jointly to update certain anaphylactic food guidelines on or before a certain 10
35-date; requiring each county board to make a good faith effort to adopt certain 11
36-guidelines before the start of a certain school year; and generally relating to 12
37-anaphylactic food allergies and public schools. 13
21+FOR the purpose of requiring each county board of education to adopt, implement, and 3
22+publish certain guidelines for reducing the risk to students with anaphylactic food 4
23+allergies; requiring each public school to develop a system to disclose the major food 5
24+allergens contained in the foods served in the school; requiring the principal of a 6
25+certain public school to implement certain strategies and monitor and implement the 7
26+guidelines established by the county board; and generally relating to anaphylactic 8
27+food allergies and public schools. 9
3828
39-BY repealing and reenacting, with amendments, 14
40- Article – Education 15
41-Section 7–426.1 16
42- Annotated Code of Maryland 17
43- (2022 Replacement Volume) 18
29+BY repealing and reenacting, with amendments, 10
30+ Article – Education 11
31+Section 7–426.1 12
32+ Annotated Code of Maryland 13
33+ (2022 Replacement Volume) 14
4434
45- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
46-That the Laws of Maryland read as follows: 20
35+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
36+That the Laws of Maryland read as follows: 16
4737
48-Article – Education 21 2 SENATE BILL 120
38+Article – Education 17
39+
40+7–426.1. 18
41+
42+ (a) (1) In this section the following words have the meanings indicated. 19
43+
44+ (2) “Anaphylactic allergy” means a food allergy that causes a severe, 20
45+systematic reaction resulting in circulatory collapse or shock that may be fatal. 21
46+
47+ (3) “Employee” means an individual who is employed by a local board of 22
48+education, including part–time employees, certified and noncertified substitute teachers 23 2 SENATE BILL 120
4949
5050
51+employed by the local board of education for at least 7 days each school year, maintenance 1
52+workers, and administrative staff. 2
5153
52-7–426.1. 1
54+ (4) “MAJOR FOOD ALLERGEN ” MEANS: 3
5355
54- (a) (1) In this section the following words have the meanings indicated. 2
56+ (I) MILK; 4
5557
56- (2) “Anaphylactic allergy” means a food allergy that causes a severe, 3
57-systematic reaction resulting in circulatory collapse or shock that may be fatal. 4
58+ (II) EGGS; 5
5859
59- (3) “Employee” means an individual who is employed by a local board of 5
60-education, including part–time employees, certified and noncertified substitute teachers 6
61-employed by the local board of education for at least 7 days each school year, maintenance 7
62-workers, and administrative staff. 8
60+ (III) FISH; 6
6361
64- (4) “MAJOR FOOD ALLERGEN ” MEANS: 9
62+ (IV) CRUSTACEAN SHELLFISH ; 7
6563
66- (I) MILK; 10
64+ (V) TREE NUTS; 8
6765
68- (II) EGGS; 11
66+ (VI) WHEAT; 9
6967
70- (III) FISH; 12
68+ (VII) PEANUTS; 10
7169
72- (IV) CRUSTACEAN SHELLFISH ; 13
70+ (VIII) SOYBEANS; AND 11
7371
74- (V) TREE NUTS; 14
72+ (IX) SESAME. 12
7573
76- (VI) WHEAT; 15
74+ [(4)] (5) “Self–administer” means the application or consumption of 13
75+medications in a manner prescribed by a health practitioner who is licensed, certified, or 14
76+otherwise authorized under the Health Occupations Article to prescribe medications and 15
77+medication delivery devices by the individual for whom the medication was prescribed 16
78+without additional assistance or direction. 17
7779
78- (VII) PEANUTS; 16
80+ (B) (1) EACH COUNTY BOARD SHA LL ADOPT AND IMPLEME NT 18
81+GUIDELINES IN ACCORD ANCE WITH THE MARYLAND STATE SCHOOL HEALTH 19
82+SERVICE GUIDELINES TO REDUCE THE RISK OF E XPOSURE TO ANAPHYLAC TIC 20
83+CAUSATIVE AGENTS IN CLASSROOMS AND COMMO N AREAS. 21
7984
80- (VIII) SOYBEANS; AND 17
85+ (2) AT A MINIMUM, THE GUIDELINES UNDER PARAGRAPH (1) OF THIS 22
86+SUBSECTION SHALL : 23
8187
82- (IX) SESAME. 18
88+ (I) IF APPROPRIATE , IN ACCORDANCE WITH T HE COLLECTIVE 24
89+BARGAINING AGREEMENT , DESCRIBE THE ROLES AND RESPON SIBILITIES OF 25
90+PARENTS, ADMINISTRATORS , HEALTH CARE STAFF , EDUCATORS , FOOD SERVICE 26
91+EMPLOYEES, AND OPERATIONS STAFF ; 27
8392
84- [(4)] (5) “Self–administer” means the application or consumption of 19
85-medications in a manner prescribed by a health practitioner who is licensed, certified, or 20
86-otherwise authorized under the Health Occupations Article to prescribe medications and 21
87-medication delivery devices by the individual for whom the medication was prescribed 22
88-without additional assistance or direction. 23
89-
90- (B) (1) EACH BEFORE THE START OF T HE 2024–2025 SCHOOL YEAR , 24
91-EACH COUNTY BOARD SHALL A DOPT AND IMPLEMENT G UIDELINES IN ACCORDA NCE 25
92-WITH THE MARYLAND STATE SCHOOL HEALTH S ERVICE GUIDELINES TO REDUCE 26
93-THE RISK OF EXPOSURE TO ANAPHYLACTIC CAUSATIVE AGENTS MAJOR FOOD 27
94-ALLERGENS IN CLASSROOMS AND CO MMON AREAS . 28
93+ (II) EMPHASIZE COMMUNICATI ON AND COLLABORATION 28
94+BETWEEN SCHOOL STAFF , STUDENTS, AND PAREN TS, INCLUDING: 29
9595 SENATE BILL 120 3
9696
9797
98- (2) AT A MINIMUM, THE GUIDELINES UNDER PARAGRAPH (1) OF THIS 1
99-SUBSECTION SHALL : 2
98+ 1. NOTIFICATION OF A STU DENT’S ANAPHYLACTIC 1
99+ALLERGY TO EDUCATORS AND OTHER SCHOOL STA FF WHO COME INTO CON TACT 2
100+WITH THE STUDENT ; AND 3
100101
101- (I) IF APPROPRIATE , IN ACCORDANCE WITH T HE COLLECTIVE 3
102-BARGAINING AGREEMENT , DESCRIBE THE ROLES AND RESPON SIBILITIES OF 4
103-PARENTS, ADMINISTRATORS , HEALTH CARE STAFF, EDUCATORS , FOOD SERVICE 5
104-EMPLOYEES, AND OPERATIONS STAFF ; 6
102+ 2. NOTIFICATION TO PAREN TS AND STUDENTS ABOU T 4
103+MEASURES THE SCHOOL IS TAKING TO AVOID E XPOSURE TO ALLERGENS; 5
105104
106- (II) EMPHASIZE COMMUNICATI ON AND COLLABORATION 7
107-BETWEEN SCHOOL STAFF , STUDENTS, AND PARENTS , INCLUDING: 8
105+ (III) PROVIDE INFORMATION T O PARENTS ABOUT 504 PLANS 6
106+AND THEIR APPLICABIL ITY TO STUDENTS WITH ANAPHYLACTIC ALLERGI ES; 7
108107
109- 1. NOTIFICATION OF A STU DENT’S ANAPHYLACTIC 9
110-ALLERGY TO EDUCATORS AND OTHER SCHOO L STAFF WHO COME INT O CONTACT 10
111-WITH THE STUDENT ; AND 11
108+ (IV) DESIGNATE SCHOOL AREA S THAT ARE FOOD –FREE; 8
112109
113- 2. NOTIFICATION TO PAREN TS AND STUDENTS ABOU T 12
114-MEASURES THE SCHOOL IS TAKING TO AVOID E XPOSURE TO FOOD ALLERGENS; 13
110+ (V) DESIGNATE TABLES IN T HE CAFETERIA TO BE U SED BY 9
111+STUDENTS WITH ANAPHYLACTIC ALLERGI ES THAT ARE FREE OF FOODS CONTAINING 10
112+THE MAJOR FOOD ALLER GENS OF THE STUDENT USERS ; 11
115113
116- (III) PROVIDE INFORMATION T O PARENTS ABOUT 504 PLANS 14
117-AND THEIR APPLICABIL ITY TO STUDENTS WITH ANAPHYLA CTIC ALLERGIES; 15
114+ (VI) PROVIDE GUIDELINES FO R WHO MAY USE OR ACC OMPANY 12
115+STUDENTS USING TABLE S FREE OF MAJOR FOOD ALLERGENS; 13
118116
119- (IV) DESIGNATE SCHOOL AREA S THAT ARE FOOD –FREE; 16
117+ (VII) PROMOTE HANDWASHING A ND OTHER MET HODS FOR THE 14
118+SAFE HANDLING OF FOO D; 15
120119
121- (V) DESIGNATE TABLES IN T HE CAFETERIA TO BE U SED BY 17
122-STUDENTS WITH ANAPHY LACTIC ALLERGIES THA T ARE FREE OF FOODS CONTAINING 18
123-THE MAJOR FOOD ALLER GENS OF THE STUDENT USERS; 19
120+ (VIII) PROVIDE GUIDELINES FO R THE HANDLING OF FO OD ON 16
121+SCHOOL–PROVIDED TRANSPORTAT ION; 17
124122
125- (VI) PROVIDE GUIDELINES FO R WHO MAY USE OR ACC OMPANY 20
126-STUDENTS USING TABLE S FREE OF MAJOR FOOD ALLERGENS; 21
123+ (IX) PROVIDE GUIDELINES DE SIGNED TO ENSURE THAT 18
124+STUDENTS WITH ANAPHY LACTIC ALLERGIES ARE ABLE TO PARTICIPATE IN SCHOOL 19
125+EVENTS, AFTER–SCHOOL ACTIVITIES , AND FIELD TRIPS; 20
127126
128- (VII) PROMOTE HANDWASHING A ND OTHER METHODS FOR THE 22
129-SAFE HANDLING OF FOO D; 23
127+ (X) PROVIDE GUIDANCE FOR FOOD DISTRIBUTION BY OUTSIDE 21
128+PUBLIC OR PRIVATE IN DIVIDUALS, GROUPS, AND ENTITIES HOLDING FUNCTIONS ON 22
129+SCHOOL GROUNDS ; AND 23
130130
131- (VIII) PROVIDE GUIDELINES FO R THE HANDLING OF FO OD ON 24
132-SCHOOL–PROVIDED TRANSPORTAT ION; 25
131+ (XI) ESTABLISH STRATEGIES TO REDUCE BULLYING A ND 24
132+HARASSMEN T OF STUDENTS WITH A NAPHYLACTIC ALLERGIE S. 25
133133
134- (IX) PROVIDE GUIDELINES DE SIGNED TO ENSURE THAT 26
135-STUDENTS WITH ANAPHY LACTIC ALLERGIES ARE ABLE TO PARTICIPATE IN SCHOOL 27
136-EVENTS, AFTER–SCHOOL ACTIVITIES , AND FIELD TRIPS; 28
134+ (3) EACH COUNTY BOARD SHA LL PUBLISH THE GUIDE LINES 26
135+ADOPTED UNDER THIS S UBSECTION ON ITS WEB SITE AND BY ANY OTHE R METHOD 27
136+DETERMINED APPROPRIA TE BY THE BOARD . 28
137137
138- (X) PROVIDE GUIDANCE FOR FOOD DISTRIBUTION BY OUTSIDE 29
139-PUBLIC OR PRIVATE IN DIVIDUALS, GROUPS, AND ENTITIES HOLDING FUNCTIONS ON 30
140-SCHOOL GROUNDS ; AND 31
138+ (C) (1) EACH PUBLIC SCHOOL SH ALL DEVELOP A SYSTEM TO DISCLOSE, 29
139+WITHIN A REASONABLE TIME IN ADVANCE OF S ERVICE, THE FOODS SERVED IN THE 30
140+SCHOOL AND THE MAJOR FOOD ALLERGENS CONTA INED IN THE FOOD . 31
141141 4 SENATE BILL 120
142142
143143
144- (XI) ESTABLISH STRATEGIES TO REDUCE BULLYING A ND 1
145-HARASSMENT OF STUDEN TS WITH ANAPHYLACTIC ALLERGIES. 2
144+ (2) A DISCLOSURE MADE UNDE R THIS SUBSECTION MAY BE BY: 1
146145
147- (3) EACH COUNTY BOARD SHA LL PUBLISH THE GUIDE LINES 3
148-ADOPTED UNDER THIS S UBSECTION ON ITS WEB SITE AND BY ANY OTHE R METHOD 4
149-DETERMINED APPROPRIA TE BY THE BOARD . 5
146+ (I) DIRECT ELECTRONIC OR PHYSICAL MESSAGES SE NT TO THE 2
147+SCHOOL COMMUNITY ; OR 3
150148
151- (C) (1) EACH SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , EACH 6
152-PUBLIC SCHOOL SHALL DEVELOP A SYSTEM TO DISCLOSE, WITHIN A REASONABLE 7
153-TIME IN ADVANCE OF S ERVICE, THE FOODS SERVED IN THE SCHOOL AND THE M AJOR 8
154-FOOD ALLERGENS CONTA INED IN THE FOOD . 9
149+ (II) POSTING ON THE INTERNET. 4
155150
156- (2) A DISCLOSURE MADE UNDE R THIS SUBSECTION MAY BE BY: 10
151+ [(b)] (D) In consultation with a school health professional, the principal of a 5
152+public school that has a child attending the school who has been identified to the school as 6
153+having an anaphylactic allergy shall: 7
157154
158- (I) DIRECT ELECTRONIC OR PHYSICAL MESSAGES SE NT TO THE 11
159-SCHOOL COMMUNITY ; OR 12
155+ (1) Monitor AND IMPLEMENT , AS NECESSARY , the strategies developed 8
156+in accordance with the Maryland State school health service guidelines to reduce the risk 9
157+of exposure to anaphylactic causative agents in classrooms and common areas; 10
160158
161- (II) POSTING ON THE INTERNET. 13
159+ (2) [Designate a peanut– and tree nut–free table in the cafeteria] 11
160+MONITOR AND IMPLEMENT THE GUIDELINES ESTAB LISHED BY THE COUNTY BOARD 12
161+UNDER SUBSECTION (B) OF THIS SECTION ; and 13
162162
163- (3) (I) BEFORE JANUARY 1, 2026, A PUBLIC SCHOOL MAY NOT BE 14
164-REQUIRED TO DISPOSE OF A FOOD PRODUCT MA DE OR PURCHASED BEFO RE 15
165-JANUARY 1, 2023, THAT WAS LABELED IN ACCORDANCE WITH FEDE RAL LAW 16
166-BEFORE THE EFFECTIVE DATE O F THE REQUIREMENT TH AT SESAME BE LISTED ON 17
167-THE FOOD PRODUCT LAB EL UNDER THE FEDERAL FOOD ALLERGY SAFETY, 18
168-TREATMENT, EDUCATION, AND RESEARCH ACT OF 2021. 19
163+ (3) Establish procedures for self–administration of medication by the child 14
164+if the child is determined to be capable of and responsible for self–administration by the 15
165+principal, parent or guardian of the child, and physician of the child. 16
169166
170- (II) IF A PUBLIC SCHOOL IS USING A FOOD PRODUCT THAT WAS 20
171-MADE OR PURCHASED BE FORE JANUARY 1, 2023, THE SCHOOL SHALL DIS CLOSE 21
172-THAT THE FOOD MAY CO NTAIN SESAME. 22
167+ [(c)] (E) A school may revoke the authority of a child to self–administer 17
168+medication if the child endangers himself or herself or another child through misuse of the 18
169+medication. 19
173170
174- [(b)] (D) In consultation with a school health professional, the principal of a 23
175-public school that has a child attending the school who has been identified to the school as 24
176-having an anaphylactic allergy shall: 25
171+ [(d)] (F) Except for any willful or grossly negligent act, an employee who 20
172+responds in good faith to the anaphylactic reaction of a child in accordance with this section 21
173+is immune from civil liability for any act or omission in the course of responding to the 22
174+reaction. 23
177175
178- (1) Monitor AND IMPLEMENT , AS NECESSARY , the strategies developed 26
179-in accordance with the Maryland State school health service guidelines to reduce the risk 27
180-of exposure to anaphylactic causative agents in classrooms and common areas; 28
176+ [(e)] (G) If a child has authority to self–administer medication in accordance 24
177+with subsection [(b)(3)] (D)(3) of this section, a local county board may require the parent 25
178+or guardian of the child to sign a statement acknowledging that the school or its employee 26
179+incurs no liability as a result of injury arising from self–administration by the child. 27
181180
182- (2) [Designate a peanut– and tree nut–free table in the cafeteria] 29
183-MONITOR AND IMPLEMENT THE GUIDELINES ESTAB LISHED BY THE COUNTY BOARD 30
184-UNDER SUBSECTION (B) OF THIS SECTION ; and 31
181+ SECTION 2. AND BE IT FURTHER ENACTED, That this Ac t shall take effect July 28
182+1, 2023. 29
185183
186- (3) Establish procedures for self–administration of medication by the child 32
187-if the child is determined to be capable of and responsible for self–administration by the 33
188-principal, parent or guardian of the child, and physician of the child. 34 SENATE BILL 120 5
189-
190-
191-
192- [(c)] (E) A school may revoke the authority of a child to self–administer 1
193-medication if the child endangers himself or herself or another child through misuse of the 2
194-medication. 3
195-
196- [(d)] (F) Except for any willful or grossly negligent act, an employee who 4
197-responds in good faith to the anaphylactic reaction of a child in accordance with this section 5
198-is immune from civil liability for any act or omission in the course of responding to the 6
199-reaction. 7
200-
201- [(e)] (G) If a child has authority to self–administer medication in accordance 8
202-with subsection [(b)(3)] (D)(3) of this section, a local county board may require the parent 9
203-or guardian of the child to sign a statement acknowledging that the school or its employee 10
204-incurs no liability as a result of injury arising from self–administration by the child. 11
205-
206- SECTION 2. AND BE IT FURTHER ENACTED, That: 12
207-
208- (a) On or before August 1, 2023, the State Department of Education and the 13
209-Maryland Department of Health jointly shall update the Maryland State school health 14
210-service guidelines to reduce the risk of exposure to anaphylactic causative agents in 15
211-classrooms and common areas described under § 7–426.1 of the Education Article. 16
212-
213- (b) Before the start of the 2023–2024 school year, each county board of education, 17
214-including the Baltimore City Board of School Commissioners, shall make a good faith effort 18
215-to adopt and implement guidelines in accordance with § 7–426.1 of the Education Article, 19
216-as enacted by Section 1 of this Act, and following the Maryland State school health service 20
217-guidelines updated under subsection (a) of this section. 21
218-
219- SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
220-July June 1, 2023. 23
221-
222-
223-
224-
225-Approved:
226-________________________________________________________________________________
227- Governor.
228-________________________________________________________________________________
229- President of the Senate.
230-________________________________________________________________________________
231- Speaker of the House of Delegates.