Food Allergy and Anaphylaxis Management Act of 2005 - Requires the Secretary of Health and Human Services to develop and make available to local educational agencies a voluntary policy to manage the risk of food allergy and anaphylaxis in schools. Directs that such policy address: (1) a parental obligation to provide the school with information regarding a student's food allergy and anaphylaxis; (2) communication strategies between schools and emergency medical services; (3) strategies to reduce the risk of exposure in classrooms and common areas; (4) food allergy management training of school personnel; (5) authorization of school personnel to administer epinephrine when the school nurse is not immediately available; and (6) creation of an individual health care plan tailored to each child's risk for anaphylaxis.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4063 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 4063
To direct the Secretary of Health and Human Services to develop a
policy for managing the risk of food allergy and anaphylaxis in
schools.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 17, 2005
Mrs. Lowey (for herself, Mrs. Maloney, Mr. Emanuel, Mr. Owens, Mr. Meek
of Florida, Ms. Jackson-Lee of Texas, Ms. Millender-McDonald, Mr.
Sherman, Mr. Sanders, Mr. Levin, and Mr. Wexler) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committee on Education and the
Workforce, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To direct the Secretary of Health and Human Services to develop a
policy for managing the risk of food allergy and anaphylaxis in
schools.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Allergy and Anaphylaxis
Management Act of 2005''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Food allergy is an increasing food safety and public
health concern in the United States, especially among children.
(2) Peanut allergy doubled among children from 1997 to
2002.
(3) In a 2003 survey of 400 elementary school nurses, 37
percent reported having at least 10 students with severe food
allergies; 62 percent reported having at least 5.
(4) Forty-four percent of the elementary school nurses
surveyed reported that the number of children in their school
with food allergy had increased over the past 5 years; only 2
percent reported a decrease.
(5) In a 2001 study of 32 fatal food-allergy induced
anaphylactic reactions (the largest study of its kind to date),
more than half (53 percent) of the individuals were aged 18 or
younger.
(6) Eight foods account for 90 percent of all food-allergic
reactions: milk, eggs, fish, shellfish, tree nuts, peanuts,
wheat, and soy.
(7) Currently, there is no cure for food allergies; strict
avoidance of the offending food is the only way to prevent a
reaction.
(8) Anaphylaxis, or anaphylactic shock, is a systemic
allergic reaction that can kill within minutes.
(9) Food-allergic reactions are the leading cause of
anaphylaxis outside the hospital setting, accounting for an
estimated 30,000 emergency room visits, 2,000 hospitalizations,
and 150 to 200 deaths each year in the United States.
(10) Fatalities from anaphylaxis are associated with a
delay in the administration of epinephrine (adrenaline), or
when epinephrine was not administered at all. In a study of 13
food allergy-induced anaphylactic reactions in school-age
children (6 fatal and 7 near fatal), only 2 of the children who
died received epinephrine within 1 hour of ingesting the
allergen, and all but one of the children who survived received
epinephrine within 30 minutes.
(11) The importance of managing life-threatening food
allergies in the school setting has been recognized by the
American Medical Association, the American Academy of
Pediatrics, the American Academy of Allergy, Asthma and
Immunology, and the American College of Allergy, Asthma and
Immunology.
(12) There are no Federal guidelines concerning the
management of life-threatening food allergies in the school
setting.
(13) Three-quarters of the elementary school nurses
surveyed reported developing their own training guidelines.
(14) Relatively few schools actually employ a full-time
school nurse. Many are forced to cover more than one school,
and are often in charge of hundreds if not thousands of
children.
(15) Parents of children with severe food allergies often
face entirely different food allergy management approaches when
their children change schools or school districts.
(16) In a study of food allergy reactions in schools and
day-care settings, delays in treatment were attributed to a
failure to follow emergency plans, calling parents instead of
administering emergency medications, and an inability to
administer epinephrine.
SEC. 3. ESTABLISHMENT OF FOOD ALLERGY AND ANAPHYLAXIS MANAGEMENT
POLICY.
(a) Establishment.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Health and Human Services
shall--
(1) develop a policy to be used on a voluntary basis to
manage the risk of food allergy and anaphylaxis in schools; and
(2) make such policy available to local educational
agencies and other interested individuals and entities.
(b) Contents.--The policy developed by the Secretary under
subsection (a) shall address each of the following:
(1) Parental obligation to provide the school, prior to the
start of every school year, with documentation from the
student's physician or nurse--
(A) supporting a diagnosis of food allergy and
anaphylaxis;
(B) identifying any food to which the student is
allergic;
(C) describing, if appropriate, any prior history
of anaphylaxis;
(D) listing any medication prescribed for the child
for the treatment of anaphylaxis;
(E) detailing emergency treatment procedures in the
event of a reaction;
(F) listing the signs and symptoms of a reaction;
(G) assessing the student's readiness for self-
administration of prescription medication; and
(H) providing a list of substitute meals that may
be offered by school food service personnel.
(2) The maintenance of a file by the school nurse or
principal for each student at risk for anaphylaxis.
(3) Communication strategies between individual schools and
local providers of emergency medical services, including
appropriate instructions for emergency medical response.
(4) Strategies to reduce the risk of exposure to
anaphylactic causative agents in classrooms and common school
areas such as the cafeteria.
(5) The dissemination of information on life-threatening
food allergies to school staff, parents, and students, if
appropriate by law.
(6) Food allergy management training of school personnel
who regularly come into contact with students with life-
threatening food allergies.
(7) The authorization of school personnel to administer
epinephrine when the school nurse is not immediately available.
(8) The timely accessibility of epinephrine by school
personnel when the nurse is not immediately available.
(9) Extracurricular programs such as non-academic outings
and field trips, before- and after-school programs, and school-
sponsored programs held on weekends.
(10) The creation of an individual health care plan
tailored to the needs of each individual child at risk for
anaphylaxis, including any procedures for the self-
administration of medication by such children in instances
where--
(A) the children are capable of self-administering
medication; and
(B) such administration is not prohibited by State
law.
(11) The collection and publication of data for each
administration of epinephrine to a student at risk for
anaphylaxis.
(c) Relation to State Law.--Nothing in this Act or the policy
developed by the Secretary under subsection (a) shall be construed to
preempt State law, including any State law regarding whether students
at risk for anaphylaxis may self-administer medication.
(d) Definitions.--In this Act:
(1) The term ``school'' includes kindergartens, elementary
schools, and secondary schools.
(2) The term ``Secretary'' means the Secretary of Health
and Human Services.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Education Reform.
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