(1) This section shall be known and may be cited as the "Colorado School Children's Food Allergy and Anaphylaxis Management Act".
(2) As used in this section, unless the context otherwise requires, "appropriate staff" means employees of a school whom the principal or equivalent executive in consultation with the school nurse of the school determines to be appropriate recipients of emergency anaphylaxis treatment training, which employees shall include, but need not be limited to, employees who are directly involved during the school day with a student who has a known food allergy.
(3) (a) On or before January 1, 2010, the state board of education, in consultation with the department of public health and environment, shall promulgate rules for the management of food allergies and anaphylaxis among students enrolled in the public schools of the state. The rules shall include, but need not be limited to, the following:
(I) Reasonable accommodations for communication between schools and emergency medical services, including instructions for emergency medical responders;
(II) Reasonable accommodations to reduce the risk of students' exposure to agents that may cause anaphylaxis, including but not limited to exposure that may occur in classrooms, cafeterias, and common areas and during extracurricular activities, field trips, school-sponsored programs occurring before and after regular school hours, and other school-sponsored programs;
(III) The provision of emergency anaphylaxis treatment training for appropriate staff to prepare them to respond appropriately in the event that a student suffers anaphylaxis as a result of an allergic reaction to food, which training shall include but need not be limited to training in the administration of self-injectable epinephrine; and
(IV) Procedures to ensure the availability of a student's self-injectable epinephrine to faculty and administrative staff of the school in the event that a student suffers anaphylaxis and requires emergency medical treatment.
(b) Prior to the beginning of each school year, each school district shall provide notice to a parent or legal guardian of each student enrolled in a school of the school district of the policy adopted by the school district pursuant to section 22-32-139. The notice shall include the standard form developed by the department of public health and environment pursuant to section 25-1.5-109, C.R.S., to allow the parent or legal guardian of a student with a known food allergy to provide the following information to the school's administration:
(I) Documentation regarding the diagnosis and history of the student's food allergy;
(II) Identification of all foods to which the student is known to be allergic;
(III) Identification of any medication that has been prescribed for the student for the treatment of a food allergy or anaphylaxis;
(IV) Any specific signs or symptoms that may indicate the student is having an allergic reaction to a food;
(V) Emergency treatment procedures to employ in the event that the student suffers an allergic reaction to food;
(VI) The names and telephone numbers of persons whom the administration of the student's school should contact in addition to emergency medical personnel in the event that the student suffers an allergic reaction to food; and
(VII) The name, telephone number, and signature of the student's primary health care provider.
(c) The notice required by paragraph (b) of this subsection (3) shall include language that encourages parents and legal guardians of students for whom medication has been prescribed for treatment of a food allergy or anaphylaxis to give to the school nurse or other administrator of the student's school a supply of the medication.
Source: L. 2009: Entire section added, (SB 09-226), ch. 245, p. 1103, 2, effective August 5. L. 2011: (3)(c) amended, (SB 11-012), ch. 62, p. 163, 3, effective March 25.
Cross references: For the legislative declaration contained in the 2009 act adding this section, see section 1 of chapter 245, Session Laws of Colorado 2009.