Senate Bill S9193

2017-2018 Legislative Session

Relates to requiring anaphylactic policies for child care services

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-S9193 (ACTIVE) - Details

See Assembly Version of this Bill:
A10031
Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Amd §§2500-h & 3000-c, Pub Health L; amd §921-a, Ed L; amd §260.10, Pen L
Versions Introduced in 2019-2020 Legislative Session:
S218, A6971

2017-S9193 (ACTIVE) - Summary

Relates to requiring anaphylactic policies for 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.

2017-S9193 (ACTIVE) - Sponsor Memo

2017-S9193 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9193
 
                             I N  S E N A T E
 
                             November 19, 2018
                                ___________
 
 Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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-
 LINES  FOR  MANAGING FOOD ALLERGIES IN SCHOOLS AND EARLY CARE AND EDUCA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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