school laws protecting students with food allergies

School Laws Protecting Students with Food

Allergies

Lynda Mitchell, MA

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Objectives

To Increase Your Understanding of Existing and Pending Laws regarding:

• Epinephrine in Schools• School Food Allergy Management

Guidelines• Other State Laws

What You Can Do as an Advocate

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Kids With Food Allergies A division of the Asthma and Allergy Foundation of America

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Epinephrine in Schools

State Epinephrine Self Carry LawsState Stock Epinephrine LawsFederal Bill for Stocking Epinephrine

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Allows for students to self-carry their prescribed epinephrine auto-injectors

Requires written order by licensed practitioner

Every state except New York Many state laws use language “self-carry

to self-inject”


State Epinephrine Self Carry Laws

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5Kids With Food Allergies

A division of the Asthma and Allergy Foundation of America11/2/2013

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Allows schools to get epinephrine by order of designated clinicians

Allow designated clinicians to order for a school or school district

Allows state school board to set up processes and specific rules

“Good Samaritan” provisions


State Stock Epinephrine Laws

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Authorizes staff to use a stock epinephrine auto-injector if someone suffers anaphylaxis in the school setting.

~ 25% of episodes of anaphylaxis in the school setting are first time reactions

Four states “mandate” that schools have and use stock epinephrine

22 states “authorize” schools to stock epinephrine

6 states have pending legislation


State Stock Epinephrine Laws

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States with Stock Epinephrine Laws


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The School Access to Emergency Epinephrine Act

Passed by the House of Representatives Passed the U.S. Senate S.1503 on Oct. 31. Encourages states to adopt laws to require

schools to stock epinephrine for emergency use. Incentives (in the form of preferences in the

competition for federal asthma control program grants) for states to pass mandatory epinephrine stocking laws.


Federal Stock Epinephrine Bill

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AAFA/KFA Position:

S. 1503 sends the right message from the federal government about the gravity of anaphylaxis and the importance of epinephrine stocking.

The School Access to Emergency Epinephrine Act will be a great asset in the effort to make sure all children are safe in every school across the nation.



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Big step in the right direction! This bill is not a mandate to put epinephrine

in schools The lion’s share of work still lay ahead for

advocates to get stock epinephrine mandates passed in their states.



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School Food Allergy Management

GuidelinesState GuidelinesFederal Guidelines

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A division of the Asthma and Allergy Foundation of America

State Guidelines

•All are voluntary (not mandatory)•Many are modeled after the guidelines developed by the first state to develop guidelines (Massachusetts) •State guidelines incorporate applicable state law into the guidelines (self-carry, nurse practice law, good Samaritan provisions, etc.)

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State Guidelines•The scope of the problem of childhood food allergies and anaphylaxis. •Types of detailed policies and protocols that should be in place in every school to help prevent allergic reaction emergencies and deaths from anaphylaxis, •The systematic planning and multi-disciplinary team approach needed prior to school entry by the student with life-threatening food allergies, •The school’s role in preventing exposure to specific allergens, •Emergency management should a life-threatening allergic event occur, and •The roles of specific staff members in the care of the student with a life-threatening allergic condition. Ref: Massachusetts Dept. of Education: Managing

Life-Threatening Food Allergies in Schools.

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A division of the Asthma and Allergy Foundation of America11/2/2013



Federal Voluntary Guidelines•Part of Food Safety and Modernization Act, 2010•Voluntary (not mandatory)•States without guidelines can adopt as their own and modify based upon state law (self-carry, nurse practice law, etc.)•Federal guidelines do not pre-empt state laws such as self-carry, etc.

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17Kids With Food Allergies A division of the Asthma and Allergy

Foundation of America

Federal Voluntary Guidelines

Released on October 30

• Voluntary Guidelines for Managing Food Allergies In Schools and Early Care and Education Programs

• Food Allergy Guidelines FAQs

Download at: http://www.cdc.gov/healthyyouth/foodallergies/

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Federal Voluntary Guidelines

Purpose

• To support implementation of food allergy management and prevention practices in schools and early childhood education (ECE) programs• To provide, practical information, planning steps and strategies for reducing allergic reactions and responding to life-threatening reactions• To educate parents, district administrators, school administrators and staff, and ECE program administrators and staff• Guide improvements in existing food allergy management plans and practices• To help schools and ECE programs develop a plan where none exists

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Ref: CDC Food Allergy Guidelines FAQs



Federal Voluntary Guidelines• Individualized plan• Communication strategies• Risk reduction strategies• Dissemination of general info about life-threatening nature of food allergy to staff, parents, children• Training• Authorize use and training for epinephrine auto-injectors• Provisions for timely accessibility of epi when school nurse is not available• Plans for field trips, extra-curricular activities, before and after school programs• Record keeping for epinephrine administration• Does not pre-empt state laws

https://www.govtrack.us/congress/bills/111/s510/text

(see section 112)

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What the Federal Voluntary Guidelines Mean for You

• If you are in a state that has guidelines already, your “local education agency” will likely develop and use policy on those state guidelines

• If you are in a state without guidelines, state departments of education and “local education agencies” may adopt the federal guidelines and modify to include any state-specific laws

• If you are in a state without guidelines, “local education agencies” may choose to follow these federal guidelines to develop school policies for food allergy management and in doing so, will be eligible for funding incentives to assist with

training, materials, etc. *• You can advocate for your local school agencies to voluntarily adopt these guidelines

• If your school adopts these guidelines, you can get involved to help shape the policies that get developed and implemented.

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Other State-Level Laws

www.StateHonorRoll.org

Asthma and Allergy Foundation of America

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Review of state-level laws and policies in place to protect students with asthma, allergies and anaphylaxis

Covers: ◦ Medication policies ◦ Awareness policies◦ School nurse staffing ratios ◦ Environmental quality policies

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State Honor Roll

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AAFA State Honor Roll 2013


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Sign up for AAFA’s advocacy center Email list for advocacy updates Tools to look up and send correspondence to

legislators Learn about bills AAFA has advocacy staff to assist you

cqrcengage.com/aafa/

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Get Involved!

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Lynda MitchellFounder and Senior Director

lmitchell@kidswithfoodallergies.orgKidswithfoodallergies.orgFacebook.com/kidswithfoodallergies@kfatweets

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