Bill Text: NY S08785 | 2017-2018 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Engrossed - Dead) 2018-06-13 - referred to health [S08785 Detail]

Download: New_York-2017-S08785-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8785
                    IN SENATE
                                      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:
     1    Section 1. The public health law is amended by adding  a  new  section
     2  2500-l to read as follows:
     3    § 2500-l. Anaphylactic policy for child care services. 1. For purposes
     4  of  this  section the term "child care service" shall mean all child day
     5  care centers, as defined in section three hundred ninety of  the  social
     6  services law, and all public and private nursery schools and pre-kinder-
     7  garten programs.
     8    2.  The  commissioner  shall  establish an anaphylactic policy for all
     9  child care services  setting  forth  guidelines  and  procedures  to  be
    10  followed  for  both  the  prevention of anaphylaxis and during a medical
    11  emergency resulting from anaphylaxis.   Such policy shall  be  developed
    12  after  consultation with representatives of pediatric physicians, nurses
    13  and other health care providers with expertise in treating children with
    14  anaphylaxis, parents of children with life  threatening  allergies,  and
    15  appropriate  not-for-profit  corporations representing allergic individ-
    16  uals at risk for anaphylaxis.
    17    3. The anaphylactic policy established by this section  shall  include
    18  the following:
    19    (a)  a  procedure  and  treatment plan, including responsibilities for
    20  child care service personnel, for responding to anaphylaxis;
    21    (b) a training course for appropriate child care service personnel for
    22  preventing and responding to anaphylaxis;
    23    (c) a procedure and appropriate guidelines for the development  of  an
    24  individualized  emergency  health  care plan for children with a food or
    25  other allergy which could result in anaphylaxis;
    26    (d) a communication plan for intake and dissemination  of  information
    27  regarding  children  with  a food or other allergy which could result in
    28  anaphylaxis;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14998-01-8
        S. 8785                             2
     1    (e) strategies for the reduction of the risk of exposure to anaphylac-
     2  tic causative agents, including food and other allergens;
     3    (f)  a  communication plan for discussion with children about symptoms
     4  of an allergic reaction; and
     5    (g) a communication plan for  discussion  with  anaphylactic  children
     6  about foods that are safe and unsafe for the child, and about strategies
     7  to avoid exposure to unsafe food.
     8    4. On or before June thirtieth, two thousand eighteen, an anaphylactic
     9  policy shall be jointly forwarded by the commissioner to each child care
    10  service  in  the  state. Each child care service shall consider and take
    11  action in response to such anaphylactic policy.
    12    § 2. This act shall take effect immediately.