THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CRUZ, YOUNGBLOOD, V. BROWN, HENNESSEY, D. COSTA, DALEY, FABRIZIO, GOODMAN, MURT AND M. O'BRIEN, MARCH 19, 2012

REFERRED TO COMMITTEE ON HEALTH, MARCH 19, 2012  

AN ACT

Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An

act to consolidate, editorially revise, and codify the public

welfare laws of the Commonwealth," providing for food allergy

guidelines.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of June 13, 1967 (P.L.31, No.21), known

as the Public Welfare Code, is amended by adding a definition to

read:

Section 1001.  Definitions.--As used in this article--

* * *

"Anaphylaxis."  A life-threatening allergic reaction that is

rapid in onset.

* * *

Section 2.  The act is amended by adding a section to read:

Section 1021.1.  Food Allergy Guidelines.--(a)  No later than

January 1, 2013, the department, in conjunction with the

Department of Health, shall develop and provide guidelines to a

child day care center for managing a child with a

life-threatening food allergy. The guidelines shall contain all

of the following:

(1)  Training on administering medication with a cartridge

injector.

(2)  Procedures to ensure that a child's self-injectable

epinephrine is available to the child day care center personnel.

(3)  Reasonable accommodations to reduce the risk of a

child's being exposed to anaphylaxis-causing agents located in

areas of school activity.

(4)  Protocols on responding to life-threatening allergic

reactions.

(5)  Procedures for implementing an individualized health

care and food allergy plan.

(b)  No later than September 30 of each year, a child day

care center shall establish a food allergy policy in accordance

with the guidelines under subsection (a) and shall provide

notice of the policy to the parent or legal guardian of each

enrolled child.

(c)  A parent or legal guardian of a child enrolled in a

child day care center who has a known food allergy shall submit

to the child day care center all of the following:

(1)  A list of foods that may cause the child to have an

allergic reaction.

(2)  Medication prescribed for the child to treat the food

allergy or anaphylaxis.

(3)  Symptoms that may indicate the child is having an

allergic reaction to food.

(4)  Emergency treatment procedures to use if the child has

an allergic reaction to food.

(5)  Contact information of the individual to contact if the

child has an allergic reaction to food.

(6)  Contact information of the child's primary health care

provider.

Section 3.  This act shall take effect in 60 days.