* § 2500-h. Anaphylactic policy for school districts and child care
providers. 1. (a) The commissioner, in consultation with the
commissioner of education, shall establish an anaphylactic policy for
school districts setting forth guidelines and procedures to be followed
for both the prevention of anaphylaxis and during a medical emergency
resulting from anaphylaxis. Such policy shall be developed after
consultation with representatives of pediatric physicians, school nurses
and 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 commissioner, in consultation with the commissioner of
children and family services, shall establish an anaphylactic policy for
child day care providers as defined in section three hundred ninety of
the social services law setting forth guidelines and procedures to be
followed for both the prevention of anaphylaxis and during a medical
emergency resulting from anaphylaxis. Such 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, child
day care administrators and personnel, and appropriate not-for-profit
corporations representing allergic individuals at risk for anaphylaxis.
The commissioner, in consultation with the commissioner of children and
family services, shall create informational materials detailing such
anaphylactic polices to be distributed to child day care centers.

(c) In establishing policies pursuant to this subdivision, such
commissioners shall consider existing requirements, as well as current
and best practices for schools and child day care providers on allergies
and anaphylaxis, including those in place for child care centers
regulated by the New York city department of health and mental hygiene.
Such commissioners 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 commissioner shall create informational materials detailing
such anaphylactic policies to be distributed to local school boards of
education, charter schools, boards of cooperative educational services,
and child day care centers, and shall make the materials available on
the department's website.

2. The anaphylactic policies established under subdivision one of this
section shall include the following:

(a) a procedure and treatment plan, including emergency protocols and
responsibilities for school nurses and other appropriate school and
child day care personnel, for responding to anaphylaxis;

(b) a training course for appropriate school and child day care
personnel for preventing and responding to anaphylaxis. The commissioner
shall, in consultation with the commissioner of children and family
services and the commissioner of education, consider existing training
programs for responding to anaphylaxis in order to avoid duplicative
training requirements. Such pre-existing program shall fulfill the
requirement for a training course pursuant to this subdivision if the
standards of such pre-existing program are deemed by the commissioner to
be at least as stringent as the standards promulgated by the
commissioner in the development of the training course by the state;

(c) a 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;

(d) a communication plan for intake and dissemination of information
provided by the state 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;

(e) strategies for the reduction of the risk of exposure to
anaphylactic causative agents, including food and other allergens; and

(f) 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.

3. At least once per calendar year, schools shall send a notification
to the parents and/or guardians of all children under the care of such
schools to make them aware of such anaphylactic policies, as developed
by the commissioner. For children under the care of the child day care
providers, such notification shall be provided by the child day care
provider when the child is enrolled and annually thereafter. Such
notifications shall include contact information for parents and
guardians to engage further with the school or child day care provider
to learn more about individualized aspects of such policies.

4. Within six months of the effective date of the chapter of the laws
of two thousand nineteen which amended this section, the anaphylactic
policies established under this section shall be jointly forwarded by
the commissioner as well as the commissioner of education or the
commissioner of children and family services as appropriate to each
local school board of education, charter school, board of cooperative
educational services and child day care service provider, as defined in
section three hundred ninety of the social services law, in the state.
Each such entity shall implement or update as appropriate their
anaphylactic policy in accordance with those developed by the state
within six months of receiving the anaphylactic policies.

5. The anaphylactic policies established by this section shall be
updated at least once every three years, or more frequently if the
commissioner determines it to be necessary or desirable for the
protection of children with a food allergy or other allergy which could
result in anaphylaxis.

* NB There are 2 § 2500-h's