S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8785
 
                             I N  S E N A T E
 
                               May 18, 2018
                                ___________
 
 Introduced  by Sens. HANNON, BENJAMIN -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to requiring  anaphy-
   lactic 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. The public health law is amended by adding  a  new  section
 2500-l to read as follows:
   § 2500-L. ANAPHYLACTIC POLICY FOR CHILD CARE SERVICES. 1. FOR PURPOSES
 OF  THIS  SECTION THE TERM "CHILD CARE SERVICE" SHALL MEAN ALL CHILD DAY
 CARE CENTERS, AS DEFINED IN SECTION THREE HUNDRED NINETY OF  THE  SOCIAL
 SERVICES LAW, AND ALL PUBLIC AND PRIVATE NURSERY SCHOOLS AND PRE-KINDER-
 GARTEN PROGRAMS.
   2.  THE  COMMISSIONER  SHALL  ESTABLISH AN ANAPHYLACTIC POLICY FOR ALL
 CHILD CARE SERVICES  SETTING  FORTH  GUIDELINES  AND  PROCEDURES  TO  BE
 FOLLOWED  FOR  BOTH  THE  PREVENTION OF ANAPHYLAXIS AND DURING A MEDICAL
 EMERGENCY RESULTING FROM ANAPHYLAXIS.   SUCH POLICY SHALL  BE  DEVELOPED
 AFTER  CONSULTATION WITH REPRESENTATIVES OF PEDIATRIC PHYSICIANS, NURSES
 AND OTHER HEALTH CARE PROVIDERS WITH EXPERTISE IN TREATING CHILDREN WITH
 ANAPHYLAXIS, PARENTS OF CHILDREN WITH LIFE  THREATENING  ALLERGIES,  AND
 APPROPRIATE  NOT-FOR-PROFIT  CORPORATIONS REPRESENTING ALLERGIC INDIVID-
 UALS AT RISK FOR ANAPHYLAXIS.
   3. THE ANAPHYLACTIC POLICY ESTABLISHED BY THIS SECTION  SHALL  INCLUDE
 THE FOLLOWING:
   (A)  A  PROCEDURE  AND  TREATMENT PLAN, INCLUDING RESPONSIBILITIES FOR
 CHILD CARE SERVICE PERSONNEL, FOR RESPONDING TO ANAPHYLAXIS;
   (B) A TRAINING COURSE FOR APPROPRIATE CHILD CARE SERVICE PERSONNEL FOR
 PREVENTING 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14998-01-8

 S. 8785                             2
 
   (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 CHILDREN ABOUT SYMPTOMS
 OF AN ALLERGIC REACTION; AND
   (G) 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.
   4. ON OR BEFORE JUNE THIRTIETH, TWO THOUSAND EIGHTEEN, AN ANAPHYLACTIC
 POLICY SHALL BE JOINTLY FORWARDED BY THE COMMISSIONER TO EACH CHILD CARE
 SERVICE  IN  THE  STATE. EACH CHILD CARE SERVICE SHALL CONSIDER AND TAKE
 ACTION IN RESPONSE TO SUCH ANAPHYLACTIC POLICY.
   § 2. This act shall take effect immediately.