S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10031--A
 
                           I N  A S S E M B L Y
 
                               March 7, 2018
                                ___________
 
 Introduced  by  M. of A. TAYLOR, D'URSO -- read once and referred to the
   Committee on Health -- committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to amend the public health law, the education law and the penal
   law, in relation to requiring anaphylactic  policies  for  child  care
   services

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "Elijah's Law".
   § 2. Section 2500-h of the public health law, as added by chapter  579
 of the laws of 2007, is amended to read as follows:
   §  2500-h.  Anaphylactic  policy  for  [school  districts]  CHILD CARE
 SERVICE PROVIDERS. 1.  FOR PURPOSES OF THIS SECTION "CHILD CARE SERVICE"
 OR "CHILD CARE SERVICE PROVIDER" SHALL MEAN CARE FOR ANY CHILD UNDER THE
 AGE OF EIGHTEEN PROVIDED ON A REGULAR BASIS AWAY FROM THE CHILD'S  RESI-
 DENCE  FOR LESS THAN TWENTY-FOUR HOURS PER DAY BY SOMEONE OTHER THAN THE
 PARENT, STEP-PARENT, GUARDIAN, OR RELATIVE WITHIN THE  THIRD  DEGREE  OF
 CONSANGUINITY  OF  THE  PARENTS OR STEP-PARENTS OF SUCH CHILD; AND SHALL
 INCLUDE, BUT NOT BE LIMITED TO: ALL PUBLIC AND  PRIVATE  ELEMENTARY  AND
 SECONDARY  SCHOOLS; GROUP FAMILY DAY CARE HOME, FAMILY DAY CARE HOME AND
 SCHOOL AGE CHILD CARE AS SUCH TERMS ARE DEFINED IN SECTION THREE HUNDRED
 NINETY OF THE SOCIAL SERVICES LAW; A DAY CAMP AS DEFINED  IN  THE  STATE
 SANITARY CODE; AN AFTER-SCHOOL PROGRAM OPERATED FOR THE PURPOSE OF RELI-
 GIOUS  EDUCATION,  SPORTS,  OR  RECREATION;  A  FACILITY  PROVIDING  DAY
 SERVICES UNDER AN OPERATING CERTIFICATE ISSUED BY  THE  DEPARTMENT,  THE
 OFFICE OF MENTAL HEALTH OR OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABIL-
 ITIES;  A  KINDERGARTEN, PRE-KINDERGARTEN OR NURSERY SCHOOL FOR CHILDREN
 THREE YEARS OF AGE OR OLDER; AN AFTER-SCHOOL PROGRAM FOR CHILDREN  OPER-
 ATED BY A PUBLIC SCHOOL DISTRICT OR BY A PRIVATE SCHOOL OR ACADEMY WHICH
 IS PROVIDING ELEMENTARY OR SECONDARY EDUCATION OR BOTH.
   2.  The commissioner[, in consultation with the commissioner of educa-
 tion, shall  establish  an  anaphylactic  policy  for  school  districts
 setting  forth  guidelines and procedures to be followed for both] SHALL
 ADOPT AN ANAPHYLACTIC POLICY WHICH SHALL CONFORM TO THE VOLUNTARY GUIDE-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14998-03-8

 A. 10031--A                         2
 
 LINES FOR MANAGING FOOD ALLERGIES IN SCHOOLS AND EARLY CARE  AND  EDUCA-
 TION  PROGRAMS PROMULGATED BY THE UNITED STATES DEPARTMENT OF HEALTH AND
 HUMAN SERVICES FOR ALL CHILD CARE  SERVICES.  SUCH  ANAPHYLACTIC  POLICY
 SHALL  BE  FOLLOWED  FOR BOTH the prevention of anaphylaxis and during a
 medical emergency resulting from anaphylaxis. Such  ANAPHYLACTIC  policy
 shall be [developed] IMPLEMENTED after consultation with representatives
 of pediatric physicians, [school nurses] and other health care providers
 with  expertise  in treating children with anaphylaxis, parents of chil-
 dren with life threatening allergies, [school administrators,  teachers,
 school  food  service  directors]  and appropriate not-for-profit corpo-
 rations representing allergic individuals at risk for anaphylaxis.
   [2.] 3. The anaphylactic policy established by  [subdivision  one  of]
 this section shall include the following:
   (a)  a  procedure  and  treatment plan, including responsibilities for
 school nurses and other appropriate school  personnel  AND  EVERY  CHILD
 CARE SERVICE PROVIDER, for responding to anaphylaxis;
   (b)  a training course for appropriate [school] personnel for prevent-
 ing and responding to anaphylaxis;
   (c) a procedure and appropriate guidelines for the development  of  an
 individualized  emergency  health  care plan for children with a food or
 other allergy which could result in anaphylaxis;
   (d) a communication plan for intake and dissemination  of  information
 regarding  children  with  a food or other allergy which could result in
 anaphylaxis; [and]
   (e) strategies for the reduction of the risk of exposure to anaphylac-
 tic causative agents, including food and other allergens;
   (F) A COMMUNICATION PLAN FOR  DISCUSSION  WITH  ANAPHYLACTIC  CHILDREN
 ABOUT FOODS THAT ARE SAFE AND UNSAFE FOR THE CHILD, AND ABOUT STRATEGIES
 TO AVOID EXPOSURE TO UNSAFE FOOD; AND
   (G)  A REQUIREMENT THAT EACH CHILD CARE SERVICE PROVIDER SHALL HAVE AN
 ONSITE MECHANISM, INCLUDING BUT NOT LIMITED TO AUTO INJECTORS  THAT  ARE
 CURRENT AND NOT EXPIRED, THAT WILL IMMEDIATELY REDUCE THE EFFECTS OF ANY
 LIFE-THREATENING ALLERGIES.
   [3.  On  or  before  June thirtieth, two thousand eight] 4. SIX MONTHS
 AFTER THE EFFECTIVE DATE OF THE CHAPTER OF  THE  LAWS  OF  TWO  THOUSAND
 EIGHTEEN  THAT  AMENDED  THIS  SECTION,  an anaphylactic policy shall be
 jointly forwarded by the commissioner and the commissioner of  education
 to  each  [local school board of education, charter school, and board of
 cooperative educational services] CHILD CARE  SERVICE  PROVIDER  in  the
 state.  [Each  such  board  and charter school] EVERY CHILD CARE SERVICE
 PROVIDER shall [consider and take action in response to] IMPLEMENT  such
 anaphylactic  policy  WITHIN  NINETY DAYS OF RECEIVING SUCH ANAPHYLACTIC
 POLICY FROM SUCH COMMISSIONERS.
   5. (A) ANY WILLFUL OR NEGLIGENT VIOLATION OF THIS SECTION BY  A  CHILD
 CARE SERVICE PROVIDER SHALL RESULT IN A CIVIL PENALTY NOT TO EXCEED FIVE
 THOUSAND DOLLARS FOR EACH VIOLATION.
   (B) IF A CHILD CARE SERVICE PROVIDER FAILS TO IMPLEMENT THE GUIDELINES
 AND  ANAPHYLACTIC  POLICY  PURSUANT  TO  THIS  SECTION,  SUCH CHILD CARE
 SERVICE PROVIDER'S LICENSE OR REGISTRATION SHALL  BE  REVOKED.  A  CHILD
 CARE SERVICE PROVIDER MAY, BY WRITTEN REQUEST TO THE COMMISSIONER AND IN
 THE COMMISSIONER'S DISCRETION, BE GRANTED AN EXTENSION OF TIME TO IMPLE-
 MENT THE ANAPHYLACTIC POLICY REQUIRED PURSUANT TO THIS SECTION.
   6.  THE  COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF EDUCA-
 TION AND THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY  SERVICES
 SHALL  DEVELOP  AND IMPLEMENT A PLAN FOR REPORTING, INSPECTING AND MONI-
 TORING OF CHILD CARE SERVICES TO ENSURE COMPLIANCE WITH THIS SECTION.

 A. 10031--A                         3
 
   § 3. Paragraph (f) of subdivision 2 of section 3000-c  of  the  public
 health  law,  as added by chapter 373 of the laws of 2016, is amended to
 read as follows:
   (f)  [Nothing  in]  THE  PROVISIONS  OF this section shall NOT require
 [any] AN eligible person or entity WHICH IS NOT A CHILD CARE SERVICE  AS
 DEFINED  IN  SECTION  TWENTY-FIVE  HUNDRED-H OF THIS CHAPTER to acquire,
 possess, store, make available, or administer an epinephrine auto-injec-
 tor.
   § 4. Section 921-a of the education law, as amended by chapter 200  of
 the laws of 2017, is amended to read as follows:
   §  921-a.  On-site  epinephrine  auto-injector.  1.  School districts,
 boards of cooperative educational services, county vocational  education
 and  extension  boards,  charter  schools, and non-public elementary and
 secondary schools in this state [may] SHALL provide and maintain on-site
 in each instructional  school  facility  epinephrine  auto-injectors  in
 quantities  and  types  deemed by the commissioner, in consultation with
 the commissioner of health, to be adequate to ensure ready and appropri-
 ate access for use during emergencies to any  student  or  staff  having
 anaphylactic  symptoms  whether  or  not  there is a previous history of
 severe allergic reaction.
   2. School districts, boards of cooperative educational services, coun-
 ty vocational education and extension boards, charter schools, and  non-
 public  elementary  and  secondary  schools  in  this  state, any person
 employed by any such entity, or employed by  a  contractor  of  such  an
 entity  while performing services for the entity may administer epineph-
 rine auto-injectors in  the  event  of  an  emergency  pursuant  to  the
 requirements of section three thousand-c of the public health law.
   § 5. Section 260.10 of the penal law is amended by adding a new subdi-
 vision 4 to read as follows:
   4. BEING A CHILD CARE SERVICE PROVIDER, HE OR SHE FAILS TO COMPLY WITH
 THE  PROVISIONS OF THE ANAPHYLACTIC POLICIES ADOPTED BY THE COMMISSIONER
 OF HEALTH PURSUANT TO SECTION TWENTY-FIVE HUNDRED-H OF THE PUBLIC HEALTH
 LAW, INCLUDING THE REQUIRED AVAILABILITY AND USE OF AN EPINEPHRINE AUTO-
 INJECTOR, WHICH RESULTS IN HARM TO A CHILD UNDER THE CARE OF SUCH  CHILD
 CARE SERVICE PROVIDER.
   § 6. This act shall take effect immediately.