MD
Maryland House Bill HB1195

Maryland 2024 Regular Session

Maryland House Bill HB1195 Compare Versions

OldNewDifferences
1- WES MOORE, Governor Ch. 273
21
3-– 1 –
4-Chapter 273
5-(House Bill 1195)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [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.
8+ *hb1195*
89
9-Child Care Providers – Anaphylactic Food Allergies – Guidelines and Indemnity
10-(Elijah’s Law)
10+HOUSE BILL 1195
11+F5, O4 4lr3132
1112
12-FOR the purpose of requiring the State Department of Education and the Maryland
13-Department of Health jointly to develop guidelines to reduce the risk of exposure to
14-anaphylactic major food allergens in child care settings; requiring the State
15-Department of Education to create a certain model policy based on certain
16-guidelines; requiring certain large family child care homes and child care centers to
17-develop and adopt a certain policy on reducing the risk of exposure to anaphylactic
18-major food allergens in child care settings; establishing that certain child care
19-providers and employees are immune from civil liability under certain circumstances
20-for actions related to responding to a child’s anaphylactic reaction; and generally
21-relating to a policy on anaphylactic food allergies and child care providers.
13+By: Delegate Palakovich Carr
14+Introduced and read first time: February 8, 2024
15+Assigned to: Ways and Means
16+Committee Report: Favorable with amendments
17+House action: Adopted
18+Read second time: March 1, 2024
2219
23-BY adding to
24- Article – Education
25-Section 9.5–117
26-Annotated Code of Maryland
27- (2022 Replacement Volume and 2023 Supplement)
20+CHAPTER ______
2821
29- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
30-That the Laws of Maryland read as follows:
22+AN ACT concerning 1
3123
32-Article – Education
24+Child Care Providers – Anaphylactic Food Allergies – Guidelines and Indemnity 2
25+(Elijah’s Law) 3
3326
34-9.5–117.
27+FOR the purpose of requiring the State Department of Education and the Maryland 4
28+Department of Health jointly to develop guidelines to reduce the risk of exposure to 5
29+anaphylactic major food allergens in child care settings; requiring the State 6
30+Department of Education to create a certain model policy based on certain 7
31+guidelines; requiring certain large family child care homes and child care centers to 8
32+develop and adopt a certain policy on reducing the risk of exposure to anaphylactic 9
33+major food allergens in child care settings; establishing that certain child care 10
34+providers and employees are immune from civil liability under certain circumstances 11
35+for actions related to responding to a child’s anaphylactic reaction; and generally 12
36+relating to a policy on anaphylactic food allergies and child care providers. 13
3537
36- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
37-INDICATED.
38+BY adding to 14
39+ Article – Education 15
40+Section 9.5–117 16
41+Annotated Code of Maryland 17
42+ (2022 Replacement Volume and 2023 Supplement) 18
3843
39- (2) “ANAPHYLACTIC ALLERGY ” HAS THE MEANING STAT ED IN §
40-7–426.1 OF THIS ARTICLE.
44+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
45+That the Laws of Maryland read as follows: 20
4146
42- (3) “AUTO–INJECTABLE EPINEPHRI NE” HAS THE MEANING STATED
43-IN § 7–426.2 OF THIS ARTICLE.
47+Article – Education 21
48+ 2 HOUSE BILL 1195
4449
45- (4) “MAJOR FOOD ALLERGEN ” HAS THE MEANING STAT ED IN §
46-7–426.1 OF THIS ARTICLE.
47- Ch. 273 2024 LAWS OF MARYLAND
4850
49-– 2 –
50- (B) (1) THE DEPARTMENT AND THE MARYLAND DEPARTMENT OF
51-HEALTH JOINTLY SHALL DEVELOP GUIDELINES T O REDUCE THE RISK OF EXPOSURE
52-TO ANAPHYLACTIC MAJO R FOOD ALLERGENS IN CHILD CARE SETTINGS .
51+9.5–117. 1
5352
54- (2) THE GUIDELINES DEVELO PED UNDER PARAGRAPH (1) OF THIS
55-SUBSECTION SHALL IDE NTIFY AT LEAST ONE F REE TRAINING RESOURC E ON
56-REDUCING THE RISK OF EXPOSURE TO ANAPHYLA CTIC MAJOR FOOD ALLE RGENS
57-THAT IS APPROPRIATE FOR CHILD CARE PROVI DERS.
53+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 2
54+INDICATED. 3
5855
59- (C) BASED ON THE GUIDELIN ES DEVELOPED IN SUBS ECTION (B) OF THIS
60-SECTION, THE DEPARTMENT SHALL DEVE LOP A MODEL POLICY F OR CHILD CARE
61-PROVIDERS THAT , AT MINIMUM, INCLUDES:
56+ (2) “ANAPHYLACTIC ALLERGY ” HAS THE MEANING STAT ED IN § 4
57+7–426.1 OF THIS ARTICLE. 5
6258
63- (1) EMERGENCY PROTOCOLS , INCLUDING COMPREHENSIVE
64-GUIDELINES FOR STORA GE AND ADMINISTRATIO N OF EPINEPHRINE ;
59+ (3) “AUTO–INJECTABLE EPINEPHRI NE” HAS THE MEANING STATED 6
60+IN § 7–426.2 OF THIS ARTICLE. 7
6561
66- (2) CROSS–CONTAMINATION PREVEN TION STRATEGIES ; AND
62+ (4) “MAJOR FOOD ALLERGEN ” HAS THE MEANING STAT ED IN § 8
63+7–426.1 OF THIS ARTICLE. 9
6764
68- (3) STAFF NOTIFICATION NOTIFICATION OF A CHILD ’S
69-ANAPHYLACTIC ALLERGY ; AND
65+ (B) (1) THE DEPARTMENT AND THE MARYLAND DEPARTMENT OF 10
66+HEALTH JOINTLY SHALL DEVELOP GUIDELINES T O REDUCE THE RISK OF EXPOSURE 11
67+TO ANAPHYLACTIC MAJO R FOOD ALLERGENS IN CHILD CARE SETTINGS . 12
7068
71- (4) CLEANING AND HAND WAS HING TO:
69+ (2) THE GUIDELINES DEVELO PED UNDER PARAGRAPH (1) OF THIS 13
70+SUBSECTION SHALL IDE NTIFY AT LEAST ONE F REE TRAINING RESOURC E ON 14
71+REDUCING THE RISK OF EXPOSURE TO ANAPHYLA CTIC MAJOR FOOD ALLE RGENS 15
72+THAT IS APPROPRIATE FOR CHILD CARE PROVI DERS. 16
7273
73- (I) STAFF WHO COME INTO CONTAC T WITH THE CHILD ; AND
74+ (C) BASED ON THE GUIDELIN ES DEVELOPED IN SUBS ECTION (B) OF THIS 17
75+SECTION, THE DEPARTMENT SHALL DEVE LOP A MODEL POLICY F OR CHILD CARE 18
76+PROVIDERS THAT , AT MINIMUM, INCLUDES: 19
7477
75- (II) CHILD CARE PROVIDER A DMINISTRATORS .
78+ (1) EMERGENCY PROTOCOLS , INCLUDING COMPREHENSIVE 20
79+GUIDELINES FOR STORA GE AND ADMINISTRATIO N OF EPINEPHRINE ; 21
7680
77- (D) THE DEPARTMENT SHALL POST THE GUIDELINES , MODEL POLICY , AND
78-TRAINING RESOURCES D EVELOPED UNDER THIS SECTION ON THE DEPARTMENT ’S
79-WEBSITE.
81+ (2) CROSS–CONTAMINATION PREVEN TION STRATEGIES ; AND 22
8082
81- (E) (1) THIS SUBSECTION APPLIES TO THE FOLLO WING REGISTRANTS OR
82-LICENSEES THAT HAVE AT LEAST ONE ENROLLE D CHILD WITH A FOOD ALLERGY:
83+ (3) STAFF NOTIFICATION NOTIFICATION OF A CHILD ’S 23
84+ANAPHYLACTIC ALLERGY ; AND 24
8385
84- (I) A LARGE FAMILY CHILD C ARE HOME REGISTERED UNDER
85-SUBTITLE 3 OF THIS TITLE; AND
86+ (4) CLEANING AND HAND WAS HING TO: 25
8687
87- (II) A CHILD CARE CENTER LI CENSED UNDER SUBTITLE 4 OF
88-THIS TITLE.
88+ (I) STAFF WHO COME INTO CONTAC T WITH THE CHILD ; AND 26
8989
90- (2) A REGISTERED LARGE FAM ILY CHILD CARE HOME AND LICENSED
91-CHILD CARE CENTER SH ALL:
92- WES MOORE, Governor Ch. 273
90+ (II) CHILD CARE PROVIDER A DMINISTRATORS . 27
9391
94-– 3 –
95- (I) ADOPT AND IMPLEMENT A POLICY ON REDUCING T HE RISK
96-OF EXPOSURE TO ANAPH YLACTIC MAJOR FOOD A LLERGENS IN CHILD CA RE
97-SETTINGS IN ACCORDAN CE WITH THE GUIDELI NES DEVELOPED UNDER SUBSECTION
98-(B) OF THIS SECTION;
92+ (D) THE DEPARTMENT SHALL POST THE GUIDELINES , MODEL POLICY , AND 28
93+TRAINING RESOURCES D EVELOPED UNDER THIS SECTION ON THE DEPARTMENT ’S 29
94+WEBSITE. 30 HOUSE BILL 1195 3
9995
100- (II) MONITOR UPDATES TO TH E DEPARTMENT ’S GUIDELINES
101-AND UPDATE THE POLIC Y IN ACCORDANCE WITH THE DEPARTMENT ’S REVISIONS;
102-AND
10396
104- (III) PROVIDE A COPY OF THE POLICY TO THE PARENT OR
105-GUARDIAN OF EACH EN ROLLED CHILD EACH YE AR.
10697
107- (F) EXCEPT FOR ANY WILLFU LLY OR GROSSLY NEGLI GENT ACT, A CHILD
108-CARE PROVIDER OR AN EMPLOYEE OF A CHILD CARE PROVIDER WHO RESPONDS IN
109-GOOD FAITH TO THE AN APHYLACTIC REACTION OF A CHILD IN ACCORD ANCE WITH
110-THE GUIDELINES IMPLE MENTED UNDER THIS SE CTION OR BY USE OF
111-AUTO–INJECTABLE EPINEPHRI NE MAY NOT BE HELD PERSONALLY LIABLE IS
112-IMMUNE FROM CIVIL LI ABILITY FOR ANY ACT OR OMISSION IN THE COUR SE OF
113-RESPONDING TO THE RE ACTION.
98+ (E) (1) THIS SUBSECTION APPLIES TO THE FOLLO WING REGISTRANTS OR 1
99+LICENSEES THAT HAVE AT LEAST ONE ENROLLE D CHILD WITH A FOOD ALLERGY: 2
114100
115- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
116-1, 2024.
101+ (I) A LARGE FAMILY CHILD C ARE HOME REGISTERED UNDER 3
102+SUBTITLE 3 OF THIS TITLE; AND 4
117103
118-Approved by the Governor, April 25, 2024.
104+ (II) A CHILD CARE CENTER LI CENSED UNDER SUBTITLE 4 OF 5
105+THIS TITLE. 6
106+
107+ (2) A REGISTERED LARGE FAM ILY CHILD CARE HOME AND LICENSED 7
108+CHILD CARE CENTER SH ALL: 8
109+
110+ (I) ADOPT AND IMPLEMENT A POLICY ON REDUCING T HE RISK 9
111+OF EXPOSURE TO ANAPH YLACTIC MAJOR FOOD A LLERGENS IN CHILD CA RE 10
112+SETTINGS IN ACCORDAN CE WITH THE GUIDELI NES DEVELOPED UNDER SUBSECTION 11
113+(B) OF THIS SECTION; 12
114+
115+ (II) MONITOR UPDATES TO TH E DEPARTMENT ’S GUIDELINES 13
116+AND UPDATE THE POLIC Y IN ACCORDANCE WITH THE DEPARTMENT ’S REVISIONS; 14
117+AND 15
118+
119+ (III) PROVIDE A COPY OF THE POLICY TO THE PARENT OR 16
120+GUARDIAN OF EACH EN ROLLED CHILD EACH YE AR. 17
121+
122+ (F) EXCEPT FOR ANY WILLFU LLY OR GROSSLY NEGLI GENT ACT, A CHILD 18
123+CARE PROVIDER OR AN EMPLOYEE OF A CHILD CARE PROVIDER WHO RESPONDS IN 19
124+GOOD FAITH TO THE AN APHYLACTIC REACTION OF A CHILD IN ACCORD ANCE WITH 20
125+THE GUIDELINES IMPLE MENTED UNDER THIS SECTION O R BY USE OF 21
126+AUTO–INJECTABLE EPINEPHRI NE MAY NOT BE HELD PERSONALLY LIABLE IS 22
127+IMMUNE FROM CIVIL LI ABILITY FOR ANY ACT OR OMISS ION IN THE COURSE OF 23
128+RESPONDING TO THE RE ACTION. 24
129+
130+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 25
131+1, 2024. 26
132+