school laws protecting students with food allergies
DESCRIPTION
These slides "School Laws Protecting Students with Food Allergies" which Lynda Mitchell, President of Kids With Food Allergies, a division of the Asthma and Allergy Foundation of America, presented at the Food Allergy Bloggers Conference in Las Vegas, Nevada, on November 3, 2013. The presentation provides a current overview of state and federal epinephrine laws and state and federal laws on school food allergy management guidelines.TRANSCRIPT
School Laws Protecting Students with Food
Allergies
Lynda Mitchell, MA
2
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
11/2/2013
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
11/2/2013
Kids With Food Allergies A division of the Asthma and Allergy Foundation of America
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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”
Kids With Food Allergies A division of the Asthma and Allergy Foundation of America
State Epinephrine Self Carry Laws
11/2/2013
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
Kids With Food Allergies A division of the Asthma and Allergy Foundation of America
State Stock Epinephrine Laws
11/2/2013
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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
Kids With Food Allergies A division of the Asthma and Allergy Foundation of America
State Stock Epinephrine Laws
11/2/2013
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States with Stock Epinephrine Laws
Kids With Food Allergies A division of the Asthma and Allergy Foundation of America
11/2/2013
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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.
Kids With Food Allergies A division of the Asthma and Allergy Foundation of America
Federal Stock Epinephrine Bill
11/2/2013
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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.
Kids With Food Allergies A division of the Asthma and Allergy Foundation of America
Federal Stock Epinephrine Bill
11/2/2013
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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.
Kids With Food Allergies A division of the Asthma and Allergy Foundation of America
Federal Stock Epinephrine Bill
11/2/2013
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School Food Allergy Management
GuidelinesState GuidelinesFederal Guidelines
11/2/2013
Kids With Food Allergies A division of the Asthma and Allergy Foundation of America
13Kids With Food Allergies
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.)
11/2/2013
14Kids With Food Allergies
A division of the Asthma and Allergy Foundation of America
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.
11/2/2013
15Kids With Food Allergies
A division of the Asthma and Allergy Foundation of America11/2/2013
16Kids With Food Allergies
A division of the Asthma and Allergy Foundation of America
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.
11/2/2013
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/
11/2/2013
18Kids With Food Allergies A division of the Asthma and Allergy
Foundation of America
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
11/2/2013
Ref: CDC Food Allergy Guidelines FAQs
19Kids With Food Allergies A division of the Asthma and Allergy
Foundation of America
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)
11/2/2013
20Kids With Food Allergies
A division of the Asthma and Allergy Foundation of America
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.
11/2/2013
21Kids With Food Allergies
A division of the Asthma and Allergy Foundation of America
Other State-Level Laws
www.StateHonorRoll.org
Asthma and Allergy Foundation of America
11/2/2013
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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
11/2/2013
Kids With Food Allergies A division of the Asthma and Allergy Foundation of America
State Honor Roll
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AAFA State Honor Roll 2013
Kids With Food Allergies A division of the Asthma and Allergy Foundation of America
11/2/2013
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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/
11/2/2013
Kids With Food Allergies A division of the Asthma and Allergy Foundation of America
Get Involved!
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Lynda MitchellFounder and Senior Director
lmitchell@kidswithfoodallergies.orgKidswithfoodallergies.orgFacebook.com/kidswithfoodallergies@kfatweets
11/2/2013
Kids With Food Allergies A division of the Asthma and Allergy Foundation of America