Senate Bill S218B

Signed By Governor
2019-2020 Legislative Session

Relates to requiring anaphylactic policies for child care services

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • 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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Bill Amendments

2019-S218 - Details

See Assembly Version of this Bill:
A6971
Law Section:
Public Health Law
Laws Affected:
Amd §2500-h, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:
S9193, A10031

2019-S218 - 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.

2019-S218 - Sponsor Memo

2019-S218 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    218
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sen. 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, 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

2019-S218A - Details

See Assembly Version of this Bill:
A6971
Law Section:
Public Health Law
Laws Affected:
Amd §2500-h, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:
S9193, A10031

2019-S218A - 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.

2019-S218A - Sponsor Memo

2019-S218A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  218--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
   printed to be committed  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, 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. 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  AND  CHILD  CARE
 PROVIDERS.  1.   The commissioner, in consultation with the commissioner
 of education AND THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES, shall
 establish [an] anaphylactic [policy] POLICIES for school  districts  AND
 CHILD  DAY  CARE PROVIDERS AS DEFINED IN SECTION THREE HUNDRED NINETY OF
 THE SOCIAL SERVICES LAW 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, school
 nurses and other health care providers with expertise in treating  chil-
 dren  with anaphylaxis, parents of children with life threatening aller-
 gies, [school administrators, teachers, school food  service  directors]
 and  appropriate not-for-profit corporations representing allergic indi-
 viduals at risk for anaphylaxis, AND SCHOOL AND CHILD DAY CARE PERSONNEL
 INCLUDING ADMINISTRATORS,  TEACHERS,  AND  FOOD  SERVICE  DIRECTORS.  IN
 ESTABLISHING POLICIES UNDER THIS SECTION, THE COMMISSIONER SHALL CONSID-
 ER  THE  VOLUNTARY GUIDELINES FOR MANAGING FOOD ALLERGIES IN SCHOOLS AND
 EARLY CARE AND EDUCATION PROGRAMS ISSUED BY THE UNITED STATES DEPARTMENT
 OF HEALTH AND HUMAN SERVICES, TO THE EXTENT APPROPRIATE FOR THE SETTING.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2019-S218B (ACTIVE) - Details

See Assembly Version of this Bill:
A6971
Law Section:
Public Health Law
Laws Affected:
Amd §2500-h, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:
S9193, A10031

2019-S218B (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.

2019-S218B (ACTIVE) - Sponsor Memo

2019-S218B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  218--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  reported  favorably  from  said committee and
   committed to the Committee on Finance --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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. 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 AND CHILD CARE
 PROVIDERS. 1.  (A) The commissioner, in consultation  with  the  commis-
 sioner  of  education, shall establish an anaphylactic policy for school
 districts 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, school nurses
 and other health care providers with expertise in treating children with
 anaphylaxis, parents of children with life threatening allergies, school
 administrators,  teachers, school food service directors and appropriate
 not-for-profit corporations representing allergic  individuals  at  risk
 for anaphylaxis.
   (B)  THE  COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF CHIL-
 DREN AND FAMILY SERVICES, SHALL ESTABLISH  AN  ANAPHYLACTIC  POLICY  FOR
 CHILD  DAY  CARE PROVIDERS AS DEFINED IN SECTION THREE HUNDRED NINETY OF
 THE SOCIAL SERVICES LAW SETTING FORTH GUIDELINES AND  PROCEDURES  TO  BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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