Section 210.225

Title XII PUBLIC HEALTH AND WELFARE

Chapter 210

Effective - 28 Aug 2026, see footnote   

  210.225.  Elijah's law — allergy prevention and response policy, contents — model policy. — 1.  This section shall be known and may be cited as "Elijah's Law".

  2.  (1)  Before July 1, 2028, each licensed child care provider shall adopt a policy on allergy prevention and response with priority given to addressing potentially deadly foodborne allergies.  Such policy shall contain, but shall not be limited to, the following elements:

  (a)  Distinguishing between building-wide, room-level, and individual approaches to allergy prevention and management;

  (b)  Providing an age-appropriate response to building-level and room-level allergy education and prevention;

  (c)  Describing the role of child care facility staff in determining how to manage an allergy problem, whether through a plan prepared for a child under Section 504 of the Rehabilitation Act of 1973, as amended, for a child with an allergy that has been determined to be a disability, an individualized health plan for a child who has an allergy that is not disabling, or another allergy management plan;

  (d)  Describing the role of other children and parents in cooperating to prevent and mitigate allergies;

  (e)  Addressing confidentiality issues involved with sharing medical information, including specifying when parental permission is required to make medical information available; and

  (f)  Coordinating with the department of elementary and secondary education, local health authorities, and other appropriate entities to ensure efficient promulgation of accurate information and to ensure that existing child care facility safety and environmental policies do not conflict.

  (2)  Such policies may contain information from or links to child care facility allergy prevention information furnished by the Food Allergy Research & Education organization or equivalent organization with a medical advisory board that has allergy specialists.

  3.  Adoption of a policy on allergy prevention and response in accordance with this section is required for licensure as a child care provider.

  4.  The department of elementary and secondary education shall, in cooperation with any appropriate professional association, develop a model policy or policies before July 1, 2027.

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(L. 2026 H.B. 2372)