EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1195*
HOUSE BILL 1195
F5, O4 4lr3132
By: Delegate Palakovich Carr
Introduced and read first time: February 8, 2024
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Child Care Providers – Anaphylactic Food Allergies – Guidelines and Indemnity 2
(Elijah’s Law) 3
FOR the purpose of requiring the State Department of Education and the Maryland 4
Department of Health jointly to develop guidelines to reduce the risk of exposure to 5
anaphylactic major food allergens in child care settings; requiring the State 6
Department of Education to create a certain model policy based on certain 7
guidelines; requiring certain large family child care homes and child care centers to 8
develop and adopt a certain policy on reducing the risk of exposure to anaphylactic 9
major food allergens in child care settings; and generally relating to a policy on 10
anaphylactic food allergies and child care providers. 11
BY adding to 12
Article – Education 13
Section 9.5–117 14
Annotated Code of Maryland 15
(2022 Replacement Volume and 2023 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Education 19
9.5–117. 20
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 21
INDICATED. 22
(2) “ANAPHYLACTIC ALLERGY ” HAS THE MEANING STATED IN § 23
7–426.1 OF THIS ARTICLE. 24 2 HOUSE BILL 1195
(3) “AUTO–INJECTABLE EPINEPHRI NE” HAS THE MEANING STAT ED 1
IN § 7–426.2 OF THIS ARTICLE. 2
(4) “MAJOR FOOD ALLERGEN ” HAS THE MEANING STAT ED IN § 3
7–426.1 OF THIS ARTICLE. 4
(B) (1) THE DEPARTMENT AND THE MARYLAND DEPARTMENT OF 5
HEALTH JOINTLY SHALL DEVELOP GUIDELINES T O REDUCE THE RISK OF EXPOSURE 6
TO ANAPHYLACTIC MAJO R FOOD ALLERG ENS IN CHILD CARE SETTINGS. 7
(2) THE GUIDELINES DEVELOPED UNDER PARAGRAPH (1) OF THIS 8
SUBSECTION SHALL IDE NTIFY AT LEAST ONE F REE TRAINING RESOURC E ON 9
REDUCING THE RISK OF EXPOSURE TO ANAPHYLACTIC MAJOR F OOD ALLERG ENS 10
THAT IS APPROPRIATE FOR CHILD CARE PROVI DERS. 11
(C) BASED ON THE GUIDELINES DEVELOPED IN SUBSECT ION (B) OF THIS 12
SECTION, THE DEPARTMENT SHALL DEVELOP A MODEL POLICY FOR C HILD CARE 13
PROVIDERS THAT , AT MINIMUM, INCLUDES: 14
(1) EMERGENCY PROTOCOLS ; 15
(2) CROSS–CONTAMINATION PREVEN TION STRATEGIES ; 16
(3) STAFF NOTIFICATION OF A CHILD’S ANAPHYLACTIC ALLERGY; 17
AND 18
(4) CLEANING AND HAND WAS HING. 19
(D) THE DEPARTMENT SHALL POST THE GUIDELINES , MODEL POLICY , AND 20
TRAINING RESOURCES D EVELOPED UNDER THIS SECTION ON THE DEPARTMENT ’S 21
WEBSITE. 22
(E) (1) THIS SUBSECTION APPLIES T O THE FOLLOWING REGIST RANTS OR 23
LICENSEES THAT HAVE AT LEAST ONE ENROLLE D CHILD WITH A FOOD ALLERGY: 24
(I) A LARGE FAMILY CHILD C ARE HOME REGISTERED UNDER 25
SUBTITLE 3 OF THIS TITLE; AND 26
(II) A CHILD CARE CENTER LI CENSED UNDER SUBTITLE 4 OF 27
THIS TITLE. 28
HOUSE BILL 1195 3
(2) A REGISTERED LARGE FAM ILY CHILD CARE HOME AND LICENSED 1
CHILD CARE CENTER SH ALL: 2
(I) ADOPT AND IMPLEMENT A POLIC Y ON REDUCING THE RI SK 3
OF EXPOSURE TO ANAPH YLACTIC MAJOR FOOD A LLERGENS IN CHILD CA RE 4
SETTINGS IN ACCORDAN CE WITH THE GUIDELINES DEVEL OPED UNDER SUBSECTIO N 5
(B) OF THIS SECTION; 6
(II) MONITOR UPDATES TO THE DEPARTMENT ’S GUIDELINES 7
AND UPDATE THE POLICY IN ACCORD ANCE WITH THE DEPARTMENT ’S REVISIONS; 8
AND 9
(III) PROVIDE A COPY OF THE POLICY TO THE PARENT OR 10
GUARDIAN OF EACH ENROLLED CHI LD EACH YEAR. 11
(F) EXCEPT FOR ANY WILLFU LLY OR GROSSLY NEGLI GENT ACT, A CHILD 12
CARE PROVIDER WHO RESPONDS IN GOOD FAITH TO THE ANAPHYL ACTIC REACTION 13
OF A CHILD IN ACCORD ANCE WITH THE GUIDEL INES IMPLEMENTED UND ER THIS 14
SECTION OR BY USE OF AUTO–INJECTABLE EPINEPHRI NE MAY NOT BE HELD 15
PERSONALLY LIABLE FO R ANY ACT OR OMISSIO N IN THE COURSE OF R ESPONDING 16
TO THE REACTION . 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 18
1, 2024. 19