PRINTER'S NO. 776
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
819
Session of
2023
INTRODUCED BY GIRAL, GUENST, SANCHEZ, HANBIDGE, PARKER, MADDEN,
NEILSON, CIRESI AND N. NELSON, APRIL 3, 2023
REFERRED TO COMMITTEE ON HUMAN SERVICES, APRIL 3, 2023
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," in departmental powers and
duties as to licensing, further providing for definitions and
providing for food allergy guidelines.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1001 of the act of June 13, 1967 (P.L.31,
No.21), known as the Human Services Code, is amended by adding a
definition to read:
Section 1001. Definitions.--As used in this article--
* * *
"Anaphylaxis" means 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, 2024, the department, in conjunction with the
Department of Health, shall develop and provide guidelines to a
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child 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 child care center personnel.
(3) Reasonable accommodations to reduce the risk of a child
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 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 care center who has a known food allergy shall submit to
the child 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 if the child has
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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.
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