School Laws Protecting Students with Food Allergies
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School Laws Protecting Students with Food Allergies

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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 ...

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.

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School Laws Protecting Students with Food Allergies School Laws Protecting Students with Food Allergies Presentation Transcript

  • Lynda Mitchell, MA
  • 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 2
  • State Epinephrine Self Carry Laws State Stock Epinephrine Laws Federal Bill for Stocking Epinephrine 11/2/2013 Kids With Food Allergies A division of the Asthma and Allergy Foundation of America 3
  •     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” 11/2/2013 Kids With Food Allergies A division of the Asthma and Allergy Foundation of America 4
  • 11/2/2013 Kids With Food Allergies A division of the Asthma and Allergy Foundation of America 5
  •     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 11/2/2013 Kids With Food Allergies A division of the Asthma and Allergy Foundation of America 6
  •      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 11/2/2013 Kids With Food Allergies A division of the Asthma and Allergy Foundation of America 7
  • States with Stock Epinephrine Laws 11/2/2013 Kids With Food Allergies A division of the Asthma and Allergy Foundation of America 8
  •      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. 11/2/2013 Kids With Food Allergies A division of the Asthma and Allergy Foundation of America 9
  • 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. 11/2/2013 Kids With Food Allergies A division of the Asthma and Allergy Foundation of America 10
  •    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. 11/2/2013 Kids With Food Allergies A division of the Asthma and Allergy Foundation of America 11
  • State Guidelines Federal Guidelines 11/2/2013 Kids With Food Allergies A division of the Asthma and Allergy Foundation of America 12
  • • 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 Kids With Food Allergies A division of the Asthma and Allergy Foundation of America 13
  • •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 Kids With Food Allergies A division of the Asthma and Allergy Foundation of America 14
  • 11/2/2013 Kids With Food Allergies A division of the Asthma and Allergy Foundation of America 15
  • • 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 Kids With Food Allergies A division of the Asthma and Allergy Foundation of America 16
  • 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 Kids With Food Allergies A division of the Asthma and Allergy Foundation of America 17
  • 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 Ref: CDC Food Allergy Guidelines FAQs 11/2/2013 Kids With Food Allergies A division of the Asthma and Allergy Foundation of America 18
  • • 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 Kids With Food Allergies A division of the Asthma and Allergy Foundation of America 19
  • • 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 Kids With Food Allergies A division of the Asthma and Allergy Foundation of America 20
  • www.StateHonorRoll.org Asthma and Allergy Foundation of America 11/2/2013 Kids With Food Allergies A division of the Asthma and Allergy Foundation of America 21
  •   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 22
  • AAFA State Honor Roll 2013 11/2/2013 Kids With Food Allergies A division of the Asthma and Allergy Foundation of America 23
  •      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 24
  • Founder and Senior Director lmitchell@kidswithfoodallergies.org Kidswithfoodallergies.org Facebook.com/kidswithfoodallergies @kfatweets 11/2/2013 Kids With Food Allergies A division of the Asthma and Allergy Foundation of America 25