HB3983 101ST GENERAL ASSEMBLY

LRB101 15563 CPF 64908 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3983

Introduced 1/8/2020, by Rep. Jonathan Carroll - Michael Halpin - Joyce Mason - Terra Costa Howard

SYNOPSIS AS INTRODUCED:

New Act

Creates the Childhood Anaphylactic Policy Act. Requires the Department of Public Health, in consultation with the State Board of Education and the Department of Children and Family Services, to establish anaphylactic policies for school districts and day care centers. Requires the Department to create, distribute, and make available on its website informational materials regarding the policies. Contains requirements for the policies. Requires schools and day care centers to notify parents and guardians of the policies at least once each calendar year. Requires the policies to be forwarded to each school board of a school district, charter school, and day care center in the State within 6 months after the Act's effective date and to be implemented by those entities within 6 months after receiving the policies. Provides that the policies shall be updated at least once every 3 years. Contains other provisions. Effective July 1, 2020.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Childhood Anaphylactic Policy Act.

Section 5. Definitions. In this Act:

"Department" means the Department of Public Health.

"State Board" means the State Board of Education.

Section 10. Anaphylactic policy for school districts and day care centers.

(a) The Department, in consultation with the State Board, shall establish an anaphylactic policy for school districts setting forth guidelines and procedures to be followed both for the prevention of anaphylaxis and during a medical emergency resulting from anaphylaxis. The policy shall be developed after consultation with representatives of pediatric physicians, school nurses, 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 Department, in consultation with the Department of Children and Family Services, shall establish an anaphylactic policy for day care centers setting forth guidelines and procedures to be followed both for the prevention of anaphylaxis and during a medical emergency resulting from anaphylaxis. The policy shall be developed after consultation with representatives of pediatric physicians and other health care providers with expertise in treating children with anaphylaxis, parents of children with life threatening allergies, day care administrators and personnel, and appropriate not-for-profit corporations representing allergic individuals at risk for anaphylaxis. The Department, in consultation with the Department of Children and Family Services, shall create informational materials detailing the anaphylactic policy to be distributed to day care centers.

(c) In establishing policies under this Section, the Department shall consider existing requirements and current and best practices for schools and day care centers regarding allergies and anaphylaxis. The Department shall also consider 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.

(d) The Department shall create informational materials detailing the anaphylactic policies under this Section and distribute them to the school boards of school districts, charter schools, and day care centers. The Department shall make the materials available on the Department's website.

Section 15. Policy requirements. The anaphylactic policies established under Section 10 of this Act shall include the following:

(1) A procedure and treatment plan, including emergency protocols and responsibilities for school nurses and other appropriate school and day care personnel, for responding to anaphylaxis.

(2) A training course for appropriate school and day care personnel on preventing and responding to anaphylaxis. The Department shall, in consultation with the Department of Children and Family Services and the State Board, consider existing training programs for responding to anaphylaxis in order to avoid duplicative training requirements. A preexisting program shall fulfill the requirement for a training course pursuant to this paragraph if the standards of the preexisting program are deemed by the Department to be at least as stringent as the standards adopted by the Department in the development of the training course by the State.

(3) A procedure and appropriate guidelines for the development of an individualized emergency health care plan for children with a food or other allergy that could result in anaphylaxis.

(4) A communication plan for intake and dissemination of information provided by the State regarding children with a food or other allergy that could result in anaphylaxis, including a discussion of methods, treatments, and therapies to reduce the risk of allergic reactions, including anaphylaxis.

(5) Strategies for reducing the risk of exposure to anaphylactic causative agents, including food and other allergens.

(6) A communication plan for discussion with children that 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 about strategies to avoid exposure to unsafe food.

Section 20. Notification. At least once each calendar year, schools and day care centers shall send a notification to the parents or guardians of all children under the care of the schools or day care centers to make them aware of the anaphylactic policies, as developed by the Department. For children under the care of day care centers, the notification shall be provided by the day care center when the child is enrolled and annually thereafter. The notification shall include contact information for parents and guardians to engage further with the school or day care center to learn more about individualized aspects of the policies.

Section 25. Forwarding; implementation. At least 6 months after the effective date of this Act, the anaphylactic policies established under Section 10 shall be jointly forwarded by the Department and the State Board or the Department of Children and Family Services, as appropriate, to each school board of a school district, charter school, and day care center in the State. Each such entity shall implement or update, as appropriate, its anaphylactic policy in accordance with those developed by the State within 6 months after receiving the anaphylactic policies.

Section 30. Updating anaphylactic policies. The anaphylactic policies established under Section 10 shall be updated at least once every 3 years or more frequently if the Department determines it to be necessary or desirable for the protection of children with a food allergy or other allergy that could result in anaphylaxis.

Section 99. Effective date. This Act takes effect July 1, 2020.