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.
*hb1195*
HOUSE BILL 1195
F5, O4 4lr3132
By: Delegate Palakovich Carr
Introduced and read first time: February 8, 2024
Assigned to: Ways and Means
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 1, 2024
CHAPTER ______
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; establishing that certain child care 10
providers and employees are immune from civil liability under certain circumstances 11
for actions related to responding to a child’s anaphylactic reaction; and generally 12
relating to a policy on anaphylactic food allergies and child care providers. 13
BY adding to 14
Article – Education 15
Section 9.5–117 16
Annotated Code of Maryland 17
(2022 Replacement Volume and 2023 Supplement) 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 1195
9.5–117. 1
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(2) “ANAPHYLACTIC ALLERGY ” HAS THE MEANING STAT ED IN § 4
7–426.1 OF THIS ARTICLE. 5
(3) “AUTO–INJECTABLE EPINEPHRI NE” HAS THE MEANING STATED 6
IN § 7–426.2 OF THIS ARTICLE. 7
(4) “MAJOR FOOD ALLERGEN ” HAS THE MEANING STAT ED IN § 8
7–426.1 OF THIS ARTICLE. 9
(B) (1) THE DEPARTMENT AND THE MARYLAND DEPARTMENT OF 10
HEALTH JOINTLY SHALL DEVELOP GUIDELINES T O REDUCE THE RISK OF EXPOSURE 11
TO ANAPHYLACTIC MAJO R FOOD ALLERGENS IN CHILD CARE SETTINGS . 12
(2) THE GUIDELINES DEVELO PED UNDER PARAGRAPH (1) OF THIS 13
SUBSECTION SHALL IDE NTIFY AT LEAST ONE F REE TRAINING RESOURC E ON 14
REDUCING THE RISK OF EXPOSURE TO ANAPHYLA CTIC MAJOR FOOD ALLE RGENS 15
THAT IS APPROPRIATE FOR CHILD CARE PROVI DERS. 16
(C) BASED ON THE GUIDELIN ES DEVELOPED IN SUBS ECTION (B) OF THIS 17
SECTION, THE DEPARTMENT SHALL DEVE LOP A MODEL POLICY F OR CHILD CARE 18
PROVIDERS THAT , AT MINIMUM, INCLUDES: 19
(1) EMERGENCY PROTOCOLS , INCLUDING COMPREHENSIVE 20
GUIDELINES FOR STORA GE AND ADMINISTRATIO N OF EPINEPHRINE ; 21
(2) CROSS–CONTAMINATION PREVEN TION STRATEGIES ; AND 22
(3) STAFF NOTIFICATION NOTIFICATION OF A CHILD ’S 23
ANAPHYLACTIC ALLERGY ; AND 24
(4) CLEANING AND HAND WAS HING TO: 25
(I) STAFF WHO COME INTO CONTAC T WITH THE CHILD ; AND 26
(II) CHILD CARE PROVIDER A DMINISTRATORS . 27
(D) THE DEPARTMENT SHALL POST THE GUIDELINES , MODEL POLICY , AND 28
TRAINING RESOURCES D EVELOPED UNDER THIS SECTION ON THE DEPARTMENT ’S 29
WEBSITE. 30 HOUSE BILL 1195 3
(E) (1) THIS SUBSECTION APPLIES TO THE FOLLO WING REGISTRANTS OR 1
LICENSEES THAT HAVE AT LEAST ONE ENROLLE D CHILD WITH A FOOD ALLERGY: 2
(I) A LARGE FAMILY CHILD C ARE HOME REGISTERED UNDER 3
SUBTITLE 3 OF THIS TITLE; AND 4
(II) A CHILD CARE CENTER LI CENSED UNDER SUBTITLE 4 OF 5
THIS TITLE. 6
(2) A REGISTERED LARGE FAM ILY CHILD CARE HOME AND LICENSED 7
CHILD CARE CENTER SH ALL: 8
(I) ADOPT AND IMPLEMENT A POLICY ON REDUCING T HE RISK 9
OF EXPOSURE TO ANAPH YLACTIC MAJOR FOOD A LLERGENS IN CHILD CA RE 10
SETTINGS IN ACCORDAN CE WITH THE GUIDELI NES DEVELOPED UNDER SUBSECTION 11
(B) OF THIS SECTION; 12
(II) MONITOR UPDATES TO TH E DEPARTMENT ’S GUIDELINES 13
AND UPDATE THE POLIC Y IN ACCORDANCE WITH THE DEPARTMENT ’S REVISIONS; 14
AND 15
(III) PROVIDE A COPY OF THE POLICY TO THE PARENT OR 16
GUARDIAN OF EACH EN ROLLED CHILD EACH YE AR. 17
(F) EXCEPT FOR ANY WILLFU LLY OR GROSSLY NEGLI GENT ACT, A CHILD 18
CARE PROVIDER OR AN EMPLOYEE OF A CHILD CARE PROVIDER WHO RESPONDS IN 19
GOOD FAITH TO THE AN APHYLACTIC REACTION OF A CHILD IN ACCORD ANCE WITH 20
THE GUIDELINES IMPLE MENTED UNDER THIS SECTION O R BY USE OF 21
AUTO–INJECTABLE EPINEPHRI NE MAY NOT BE HELD PERSONALLY LIABLE IS 22
IMMUNE FROM CIVIL LI ABILITY FOR ANY ACT OR OMISS ION IN THE COURSE OF 23
RESPONDING TO THE RE ACTION. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 25
1, 2024. 26