Bill Text: CT HB05452 | 2018 | General Assembly | Introduced
Bill Title: An Act Concerning The Recommendations Of The Task Force On Life-threatening Food Allergies In Schools.
Spectrum: Committee Bill
Status: (Passed) 2018-06-14 - Signed by the Governor [HB05452 Detail]
Download: Connecticut-2018-HB05452-Introduced.html
General Assembly |
Raised Bill No. 5452 | ||
February Session, 2018 |
LCO No. 2269 | ||
*02269_______ED_* | |||
Referred to Committee on EDUCATION |
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Introduced by: |
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(ED) |
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AN ACT CONCERNING THE RECOMMENDATIONS OF THE TASK FORCE ON LIFE-THREATENING FOOD ALLERGIES IN SCHOOLS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 10-212c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(a) Not later than July 1, 2012, the Department of Education, in conjunction with the Department of Public Health, shall develop, and [make available to each local and regional board of education] revise as necessary, guidelines for the management of students with life-threatening food allergies and glycogen storage disease. The Department of Education shall make the guidelines available to each local and regional board of education. The guidelines shall include, but need not be limited to: (1) Education and training for school personnel on the management of students with life-threatening food allergies and glycogen storage disease, including training related to the administration of medication with a cartridge injector pursuant to subsection (d) of section 10-212a, as amended by this act, and the provision of food or dietary supplements, (2) procedures for responding to life-threatening allergic reactions to food, (3) a process for the development of individualized health care and food allergy action plans for every student with a life-threatening food allergy, (4) a process for the development of individualized health care and glycogen storage disease action plans for every student with glycogen storage disease and such plan shall include, but not be limited to, the provision of food or dietary supplements by the school nurse, or any school employee approved by the school nurse, to a student with glycogen storage disease provided such plan shall not prohibit a parent or guardian, or a person designated by such parent or guardian, to provide food or dietary supplements to a student with glycogen storage disease on school grounds during the school day, and (5) protocols to prevent exposure to food allergens.
(b) [Not later than August 15, 2012] (1) For the period of August 15, 2012, to September 30, 2019, inclusive, each local and regional board of education shall: [(1)] (A) Implement a plan based on the guidelines developed pursuant to subsection (a) of this section for the management of students with life-threatening food allergies and glycogen storage disease enrolled in the schools under its jurisdiction; [(2)] (B) make such plan available on such board's Internet web site or the Internet web site of each school under such board's jurisdiction, or if such Internet web [sites do] site does not exist, make such plan publicly available through other practicable means as determined by such board; and [(3)] (C) provide notice of such plan in conjunction with the annual written statement provided to parents and guardians as required by subsection (b) of section 10-231c. The superintendent of schools for each school district shall annually attest to the Department of Education that such school district is implementing such plan in accordance with the provisions of this section.
(2) On and after October 1, 2019, each local and regional board of education shall: (A) Implement a plan based on the guidelines developed on or before July 1, 2012, and any revision made after July 1, 2012, pursuant to subsection (a) of this section, for the management of students with life-threatening food allergies or glycogen storage disease enrolled in the schools under its jurisdiction; (B) make such plan available on such board's Internet web site or the Internet web site of each school under such board's jurisdiction, or, if such Internet web site does not exist, make such plan publicly available through other practicable means as determined by such board; (C) provide notice of such plan in conjunction with the annual written statement provided to parents and guardians as required by subsection (b) of section 10-231c; (D) require that all relevant course curriculum and any school culinary program, other than those offered at a technical high school, implement allergen restrictions and safety protocols to allow students with life-threatening food allergies to participate; and (E) include such plan in any programs relating to school climate or wellness adopted by such board. The superintendent of schools for each school district shall annually attest to the Department of Education that such school district is implementing such plan in accordance with the provisions of this section.
Sec. 2. (Effective from passage) Not later than July 1, 2019, the Department of Education shall (1) revise and update the Healthy and Balanced Living Curriculum Framework, issued by the department in 2006, to include life-threatening food allergies, (2) revise and update any culinary arts programs or curriculum standards related to the National Family and Consumer Sciences Standards adopted by the State Board of Education to include dietary restrictions, cross-contaminations and allergen identification, and (3) apply for any available federal or private funding, in consultation with the Department of Public Health, to promote public awareness and education about food allergies.
Sec. 3. (NEW) (Effective July 1, 2018) Not later than July 1, 2019, the Departments of Education and Public Health shall jointly develop a model school bus safety protocol designed to assist school bus personnel in the event that a student is experiencing a life-threatening food allergy emergency on a school bus. Such protocol may include, but need not be limited to, (1) a requirement that each school bus contain a list of the names of any student with a life-threatening food allergy who regularly rides such school bus and that such list is updated annually, (2) information and training regarding cardiopulmonary resuscitation, first aid and the emergency management and administration of epinephrine, (3) instructions for the notification of emergency personnel, (4) follow-up and reporting procedures after a student has experienced an allergic reaction, (5) the signs and symptoms of anaphylaxis, (6) prevention and risk-reduction strategies regarding allergic reactions, (7) instructions for carrying out the provisions of subdivision (1) of subsection (d) of section 10-212a of the general statutes, as amended by this act, and (8) any other relevant issues and topics related to emergency first aid to students who experience allergic reactions. The Department of Education shall make such protocol available to local and regional boards of education and post such protocol on the department's Internet web site. For purposes of this section, "school bus personnel" means any person who is a volunteer for, employed by or under contract with a local or regional board of education to drive a school bus, as defined in section 14-1 of the general statutes, or serves as a school bus monitor.
Sec. 4. (NEW) (Effective July 1, 2018) A local or regional board of education may include, in whole or in part, the model school bus safety protocol, as described in section 3 of this act, in any contract for the provision of school transportation services entered into or amended on or after October 1, 2019, by such local or regional board of education.
Sec. 5. Subdivisions (1) and (2) of subsection (a) of section 10-212a of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(a) (1) A school nurse or, in the absence of such nurse, any other nurse licensed pursuant to the provisions of chapter 378, including a nurse employed by, or providing services under the direction of a local or regional board of education at, a school-based health clinic, who shall administer medical preparations only to students enrolled in such school-based health clinic in the absence of a school nurse, the principal, any teacher, licensed athletic trainer, licensed physical or occupational therapist employed by a school district, [or] coach of intramural and interscholastic athletics of a school or school bus personnel, as defined in section 3 of this act, may administer, subject to the provisions of subdivision (2) of this subsection, medicinal preparations, including such controlled drugs as the Commissioner of Consumer Protection may, by regulation, designate, to any student at such school pursuant to the written order of a physician licensed to practice medicine, or a dentist licensed to practice dental medicine in this or another state, or an optometrist licensed to practice optometry in this state under chapter 380, or an advanced practice registered nurse licensed to prescribe in accordance with section 20-94a, or a physician assistant licensed to prescribe in accordance with section 20-12d, and the written authorization of a parent or guardian of such child. The administration of medicinal preparations by a nurse licensed pursuant to the provisions of chapter 378, a principal, teacher, licensed athletic trainer, licensed physical or occupational therapist employed by a school district, [or] coach or school bus personnel shall be under the general supervision of a school nurse. No such school nurse or other nurse, principal, teacher, licensed athletic trainer, licensed physical or occupational therapist employed by a school district, coach, [or] school paraprofessional or school bus personnel administering medication pursuant to this section shall be liable to such student or a parent or guardian of such student for civil damages for any personal injuries that result from acts or omissions of such school nurse or other nurse, principal, teacher, licensed athletic trainer, licensed physical or occupational therapist employed by a school district, coach, [or] school paraprofessional or school bus personnel administering medication pursuant to this section in administering such preparations that may constitute ordinary negligence. This immunity does not apply to acts or omissions constituting gross, wilful or wanton negligence.
(2) Each local and regional board of education that allows a school nurse or, in the absence of such nurse, any other nurse licensed pursuant to the provisions of chapter 378, including a nurse employed by, or providing services under the direction of a local or regional board of education at, a school-based health clinic, who shall administer medical preparations only to students enrolled in such school-based health clinic in the absence of a school nurse, the principal, any teacher, licensed athletic trainer, licensed physical or occupational therapist employed by a school district, coach of intramural and interscholastic athletics, [or] school paraprofessional of a school or school bus personnel, as defined in section 3 of this act, to administer medicine or that allows a student to self-administer medicine, including medicine administered through the use of an asthmatic inhaler or an automatic prefilled cartridge injector or similar automatic injectable equipment, shall adopt written policies and procedures, in accordance with this section and the regulations adopted pursuant to subsection (c) of this section, that shall be approved by the school medical advisor, if any, or other qualified licensed physician. Once so approved, such administration of medication shall be in accordance with such policies and procedures.
Sec. 6. Subdivision (1) of subsection (d) of section 10-212a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(d) (1) (A) With the written authorization of a student's parent or guardian, and (B) pursuant to the written order of a qualified medical professional, a school nurse and a school medical advisor, if any, may jointly approve and provide general supervision to an identified school paraprofessional or an identified school bus personnel, as defined in section 3 of this act, to administer medication, including, but not limited to, medication administered with a cartridge injector, to a specific student with a medically diagnosed allergic condition that may require prompt treatment in order to protect the student against serious harm or death.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
July 1, 2018 |
10-212c |
Sec. 2 |
from passage |
New section |
Sec. 3 |
July 1, 2018 |
New section |
Sec. 4 |
July 1, 2018 |
New section |
Sec. 5 |
July 1, 2018 |
10-212a(a)(1) and (2) |
Sec. 6 |
July 1, 2018 |
10-212a(d)(1) |
Statement of Purpose:
To implement the recommendations of the task force on life-threatening food allergies in schools.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]