PRINTER'S NO. 1333
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1259
Session of
2021
INTRODUCED BY WARNER, SOLOMON, BERNSTINE, BOBACK, BURGOS,
DAVANZO, DELLOSO, FREEMAN, GILLEN, HENNESSEY, JAMES, KULIK,
MIHALEK, MILLARD, MIZGORSKI, PASHINSKI, POLINCHOCK AND
ZIMMERMAN, APRIL 21, 2021
REFERRED TO COMMITTEE ON EDUCATION, APRIL 21, 2021
AN ACT
Providing for the treatment and prevention of anaphylaxis in
schools and child care centers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as Elijah's Law.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Anaphylactic policy." The anaphylactic policy established
under section 3 of this act.
"Child care center." As defined under section 1001 of the
act of June 13, 1967 (P.L.31, No.21), known as the Human
Services Code.
"Department." The Department of Health of the Commonwealth.
"School district." As defined under section 102 of the act
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
of March 10, 1949 (P.L.30, No.14), known as the Public School
Code of 1949.
Section 3. Anaphylactic policy for school districts and child
care providers.
(a) School districts.--Notwithstanding section 1414.2 of the
act of March 10, 1949 (P.L.30, No.14), known as the Public
School Code of 1949, or any other provision of law, the
department shall establish an anaphylactic policy for school
districts stating guidelines and procedures to be followed
during a medical emergency resulting from anaphylaxis and for
the prevention of anaphylaxis. The anaphylactic policy shall be
developed in consultation with the following:
(1) The Secretary of Education.
(2) Representatives of pediatric physicians, school
nurses and other health care providers with expertise in
treating children with anaphylaxis.
(3) Parents of children with life-threatening allergies.
(4) School administrators, teachers and school food
service directors.
(5) Appropriate not-for-profit corporations representing
allergic individuals at risk for anaphylaxis.
(b) Child day-care providers.--The department shall
establish an anaphylactic policy for child care centers stating
guidelines and procedures to be followed during a medical
emergency resulting from anaphylaxis and for the prevention of
anaphylaxis. The anaphylactic policy shall be developed in
consultation with the following:
(1) The Secretary of Human Services.
(2) Representatives of pediatric physicians and other
health care providers with expertise in treating children
20210HB1259PN1333 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
with anaphylaxis.
(3) Parents of children with life-threatening allergies.
(4) Child day-care administrators and personnel.
(5) Appropriate not-for-profit corporations representing
allergic individuals at risk for anaphylaxis.
(c) Other considerations.--In establishing policies under
this section, the department shall consider existing
requirements regarding the treatment of anaphylaxis, current and
best practices for schools and child care centers on allergies
and anaphylaxis and 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.
(d) Informational material.--The department, in consultation
with the Secretary of Human Services, shall create informational
material detailing the anaphylactic policy to be distributed to
school districts, school boards, charter schools and child care
centers. The department shall publish the informational material
on the department's publicly accessible Internet website.
Section 4. Anaphylactic policy requirements.
The anaphylactic policy shall include the following:
(1) Procedure and treatment plan for responding to
anaphylaxis, including emergency protocols and
responsibilities for school nurses and other appropriate
school and child day-care personnel.
(2) Training course for appropriate school and child
day-care personnel for preventing and responding to
anaphylaxis. The department shall, in consultation with the
Secretary of Human Services and the Secretary of Education,
as appropriate, consider existing training programs for
20210HB1259PN1333 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
responding to anaphylaxis in order to avoid duplicative
training requirements. A program in use on the effective date
of this paragraph shall fulfill the requirement for a
training course pursuant to this act if the standards of the
program are determined by the department to be at least as
stringent as the standards promulgated for the training
course established under this paragraph.
(3) 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.
(4) Communication plan for intake and dissemination of
information provided by the Commonwealth regarding children
with a food or other allergy which could result in
anaphylaxis, including a discussion of methods, treatments
and therapies to reduce the risk of allergic reactions,
including anaphylaxis.
(5) Strategies for the reduction of the risk of exposure
to anaphylactic causative agents, including food and other
allergens.
(6) Communication plan for discussion with children who
have developed adequate verbal communication and
comprehension skills and with the parents or guardians of all
children about foods that are safe and unsafe and strategies
to avoid exposure to unsafe food.
Section 5. Notification of anaphylactic policy.
(a) Notification.--At least once per calendar year, each
school and child care center shall send a notification to a
parent or guardian of each child under the care of the school or
child care center to make the parent or guardian aware of the
20210HB1259PN1333 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
anaphylactic policy.
(b) Child care centers.--Each child care center shall
provide the required notification under subsection (a) when the
child is enrolled and each year thereafter.
(c) Notification requirements.--The notification required
under subsection (a) shall include contact information so that
parents and guardians can learn more about individualized
aspects of the policy.
Section 6. Dissemination of policy.
(a) General rule.--Within six months of the effective date
of this section, the anaphylactic policy shall be jointly
submitted by the Secretary of Health and the Secretary of
Education, or the Secretary of Human Services, as appropriate,
to each local school district, charter school and child care
center in this Commonwealth.
(b) Implementation.--Within six months of receiving the
anaphylactic policy under subsection (a), each school district,
charter school and child care center shall implement the
anaphylactic policy or update a policy of the school district,
charter school or child care center dealing with anaphylaxis in
use on the effective date of this subsection to abide by the
anaphylactic policy.
Section 7. Anaphylactic policy update.
The anaphylactic policy shall be updated at least once every
three years, or more frequently as determined by the department,
to be necessary or desirable for the protection of children with
a food allergy or other allergy which could result in
anaphylaxis.
Section 8. Effective date.
This act shall take effect as follows:
20210HB1259PN1333 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(1) Section 5 shall take effect in one year.
(2) The remainder of this act shall take effect
immediately.
20210HB1259PN1333 - 6 -
1
2
3