WES MOORE, Governor Ch. 273
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Chapter 273
(House Bill 1195)
AN ACT concerning
Child Care Providers – Anaphylactic Food Allergies – Guidelines and Indemnity
(Elijah’s Law)
FOR the purpose of requiring the State Department of Education and the Maryland
Department of Health jointly to develop guidelines to reduce the risk of exposure to
anaphylactic major food allergens in child care settings; requiring the State
Department of Education to create a certain model policy based on certain
guidelines; requiring certain large family child care homes and child care centers to
develop and adopt a certain policy on reducing the risk of exposure to anaphylactic
major food allergens in child care settings; establishing that certain child care
providers and employees are immune from civil liability under certain circumstances
for actions related to responding to a child’s anaphylactic reaction; and generally
relating to a policy on anaphylactic food allergies and child care providers.
BY adding to
Article – Education
Section 9.5–117
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Education
9.5–117.
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “ANAPHYLACTIC ALLERGY ” HAS THE MEANING STAT ED IN §
7–426.1 OF THIS ARTICLE.
(3) “AUTO–INJECTABLE EPINEPHRI NE” HAS THE MEANING STATED
IN § 7–426.2 OF THIS ARTICLE.
(4) “MAJOR FOOD ALLERGEN ” HAS THE MEANING STAT ED IN §
7–426.1 OF THIS ARTICLE.
Ch. 273 2024 LAWS OF MARYLAND
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(B) (1) THE DEPARTMENT AND THE MARYLAND DEPARTMENT OF
HEALTH JOINTLY SHALL DEVELOP GUIDELINES T O REDUCE THE RISK OF EXPOSURE
TO ANAPHYLACTIC MAJO R FOOD ALLERGENS IN CHILD CARE SETTINGS .
(2) THE GUIDELINES DEVELO PED UNDER PARAGRAPH (1) OF THIS
SUBSECTION SHALL IDE NTIFY AT LEAST ONE F REE TRAINING RESOURC E ON
REDUCING THE RISK OF EXPOSURE TO ANAPHYLA CTIC MAJOR FOOD ALLE RGENS
THAT IS APPROPRIATE FOR CHILD CARE PROVI DERS.
(C) BASED ON THE GUIDELIN ES DEVELOPED IN SUBS ECTION (B) OF THIS
SECTION, THE DEPARTMENT SHALL DEVE LOP A MODEL POLICY F OR CHILD CARE
PROVIDERS THAT , AT MINIMUM, INCLUDES:
(1) EMERGENCY PROTOCOLS , INCLUDING COMPREHENSIVE
GUIDELINES FOR STORA GE AND ADMINISTRATIO N OF EPINEPHRINE ;
(2) CROSS–CONTAMINATION PREVEN TION STRATEGIES ; AND
(3) STAFF NOTIFICATION NOTIFICATION OF A CHILD ’S
ANAPHYLACTIC ALLERGY ; AND
(4) CLEANING AND HAND WAS HING TO:
(I) STAFF WHO COME INTO CONTAC T WITH THE CHILD ; AND
(II) CHILD CARE PROVIDER A DMINISTRATORS .
(D) THE DEPARTMENT SHALL POST THE GUIDELINES , MODEL POLICY , AND
TRAINING RESOURCES D EVELOPED UNDER THIS SECTION ON THE DEPARTMENT ’S
WEBSITE.
(E) (1) THIS SUBSECTION APPLIES TO THE FOLLO WING REGISTRANTS OR
LICENSEES THAT HAVE AT LEAST ONE ENROLLE D CHILD WITH A FOOD ALLERGY:
(I) A LARGE FAMILY CHILD C ARE HOME REGISTERED UNDER
SUBTITLE 3 OF THIS TITLE; AND
(II) A CHILD CARE CENTER LI CENSED UNDER SUBTITLE 4 OF
THIS TITLE.
(2) A REGISTERED LARGE FAM ILY CHILD CARE HOME AND LICENSED
CHILD CARE CENTER SH ALL:
WES MOORE, Governor Ch. 273
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(I) ADOPT AND IMPLEMENT A POLICY ON REDUCING T HE RISK
OF EXPOSURE TO ANAPH YLACTIC MAJOR FOOD A LLERGENS IN CHILD CA RE
SETTINGS IN ACCORDAN CE WITH THE GUIDELI NES DEVELOPED UNDER SUBSECTION
(B) OF THIS SECTION;
(II) MONITOR UPDATES TO TH E DEPARTMENT ’S GUIDELINES
AND UPDATE THE POLIC Y IN ACCORDANCE WITH THE DEPARTMENT ’S REVISIONS;
AND
(III) PROVIDE A COPY OF THE POLICY TO THE PARENT OR
GUARDIAN OF EACH EN ROLLED CHILD EACH YE AR.
(F) EXCEPT FOR ANY WILLFU LLY OR GROSSLY NEGLI GENT ACT, A CHILD
CARE PROVIDER OR AN EMPLOYEE OF A CHILD CARE PROVIDER WHO RESPONDS IN
GOOD FAITH TO THE AN APHYLACTIC REACTION OF A CHILD IN ACCORD ANCE WITH
THE GUIDELINES IMPLE MENTED UNDER THIS SE CTION OR BY USE OF
AUTO–INJECTABLE EPINEPHRI NE MAY NOT BE HELD PERSONALLY LIABLE IS
IMMUNE FROM CIVIL LI ABILITY FOR ANY ACT OR OMISSION IN THE COUR SE OF
RESPONDING TO THE RE ACTION.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2024.
Approved by the Governor, April 25, 2024.