Legislation on Food Allergy Management in NJ Schools

On March 16, 2007, Governor Jon Corzine signed P.L. 2007, c. 57, a landmark new law concerning food allergy management in both public and nonpublic New Jersey schools. The Legislature unanimously supported this law, recognizing the urgency of the need to keep the state’s 100,000 school children with food allergies safe.  Our members made phone calls, wrote letters, and attended hearings in Trenton leading up to the passage of this groundbreaking law. 

Advocacy Committee

© 2008, All rights reserved.

Updated: Nov. 5, 2007

Allison Inserro

advocacy@allergyfriendsnj.org

 

For more information contact:

Highlights of P.L. 2007, c.57

· Clarifies self-administration of epinephrine

· Replaces reference to “epi-pen” with “pre-filled auto-injector mechanism”

· Requires designation and training of employee volunteers to administer epinephrine when nurse is not present

· Requires that epinephrine be unlocked and readily accessible

· Requires nurse or designee be promptly available at the school and school-sponsored functions

· Provides that neither permission to self-administer medication, a coexisting diagnosis of asthma, or prescription for epinephrine coupled with another medication i.e., antihistamine, should preclude delegation of administration of epinephrine

· Directs the state to jointly develop training protocols

· Requires that the pupil be transported to the ER following the administration of epinephrine

· Requires the Department of Education, in consultation with DHSS, appropriate medical experts and professional organization s representing school nurses, principals, teachers, and the food allergy community, to develop and disseminate guidelines for the development of school policies on the management of food allergies and the emergency administration of epinephrine for anaphylaxis

· Directs each Board of Education and non-public school to implement the guidelines established by the Department

· Addresses issues concerning liability

8/14/2007: Message from FAAC-NJ on the update on P.L. 2007, c.57

We would like to let you know that the New Jersey School Health Services Guidelines Committee, composed of representatives from the Department of Education, the Department of Health and Senior Services, and others, is presently working to develop guidelines for school districts for implementing P.L. 2007, c.57 concerning food allergy management in schools.  The Food Allergy & Anaphylaxis Coalition of NJ (FAAC-NJ), with the assistance of your support group leaders, the Food Allergy Initiative (FAI), and the Food Allergy & Anaphylaxis Network (FAAN), has made some recommendations for consideration by the Committee.

NOTE: P.L. 2007, c.57 amended existing law, which continues to require that districts have a policy for administration of epinephrine for anaphylaxis.  If your school officials are uncertain about the impact of the law for the start of school in September, or if they are reluctant regarding food allergy management, encourage them to contact the NJ Department of Education for further information.  The intent of the new law is clear—that the need for food allergy management is to be taken seriously by New Jersey Schools and that reliable avoidance and emergency plans must be created to safeguard food allergic students.

Allergy & Asthma Support Group of Central New Jersey