Maryland 2024 Regular Session

Maryland House Bill HB1195

Introduced
2/8/24  
Refer
2/8/24  
Report Pass
3/11/24  
Engrossed
3/13/24  
Refer
3/14/24  
Report Pass
4/8/24  
Enrolled
4/8/24  
Chaptered
4/25/24  

Caption

Child Care Providers - Anaphylactic Food Allergies - Guidelines and Indemnity (Elijah's Law)

Impact

The legislation mandates that large family child care homes and licensed child care centers adopt policies based on the established guidelines regarding children with known food allergies. It also requires these providers to keep their allergen policies updated and ensure parents or guardians are informed each year. Additionally, the bill includes provisions that grant immunity from civil liability to child care providers who act in good faith during an anaphylactic incident, thereby encouraging prompt responses to allergy-related emergencies without fear of litigation.

Summary

House Bill 1195, known as Elijah's Law, focuses on the implementation of guidelines and indemnity provisions concerning anaphylactic food allergies in child care settings. The bill requires the collaboration of the State Department of Education and Maryland Department of Health to develop comprehensive guidelines aimed at reducing the risk of exposure to major food allergens for children in child care facilities. This initiative underscores the necessity for child care providers to have practical policies in place that safeguard children's health, particularly those with food allergies that could trigger severe, potentially life-threatening reactions.

Sentiment

The sentiment surrounding HB 1195 appears to be overwhelmingly positive. Supporters of the bill, including child care advocates and health professionals, view the measures as vital advancements in ensuring child safety in educational environments. They laud the proactive approach aimed at educating child care providers about allergies and emergency responses. Meanwhile, there is a broader acknowledgment that this legislation addresses crucial public health concerns while potentially cutting down on liability pressures for caregivers who are vigilant in protecting children’s health.

Contention

Though HB 1195 has gained notable support, discussions may have touched upon concerns regarding the execution of training and the adequacy of resources provided to child care facilities. Questions about how effective the implementation of these guidelines will be, in terms of provider compliance and effectiveness in real-life situations, have been raised. Additionally, stakeholders may express differing views on the balance between liability protection and accountability in the care provided, seeking assurance that while caregivers are protected, the health and safety of children remain a paramount priority.

Companion Bills

No companion bills found.

Previously Filed As

MD HB332

Day care centers; creation of anaphylactic response policy by the Department of Human Resources required, implementation in day care centers required, employee training required

MD SB1469

Protecting Children with Food Allergies Act of 2025

MD S3624

Concerns food allergy safety, emergency preparedness, and anaphylaxis response in child care settings.

MD HB1817

To Establish Elijah's Law In Arkansas; And To Require The Department Of Health And The Department Of Education To Establish A Statewide Anaphylaxis Policy For Childcare Facilities.

MD SB68

Major food allergens.

MD A4789

Concerns food allergy safety, emergency preparedness, and anaphylaxis response in child care settings.

MD SB786

Food allergen training and certificates of food protection practices, rules addressing food allergens, and granting rule-making authority. (FE)

MD HB0536

Employment Discrimination - Reasonable Accommodations - Disabilities Due to Childbirth, Menopause, and Related Medical Conditions

MD A09245

Requires child day care centers to have epinephrine devices and staff trained to use them on site in case of anaphylaxis or other severe allergic reaction.

MD S08587

Requires child day care centers to have epinephrine devices and staff trained to use them on site in case of anaphylaxis or other severe allergic reaction.

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