text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Food Allergy and Anaphylaxis 
  Management Act of 2008''.
  
  SEC. 2. FINDINGS.
  
      Congress finds as follows:
              (1) Food allergy is an increasing food safety and public 
          health concern in the United States, especially among students.
              (2) Peanut allergy doubled among children from 1997 to 
          2002.
              (3) In a 2004 survey of 400 elementary school nurses, 37 
          percent reported having at least 10 students with severe food 
          allergies and 62 percent reported having at least 5.
              (4) Forty-four percent of the elementary school nurses 
          surveyed reported that the number of students in their school 
          with food allergy had increased over the past 5 years, while 
          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 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 1 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, the American College of Allergy, Asthma and 
          Immunology, and the National Association of School Nurses.
              (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 1 school, and 
          are often in charge of hundreds if not thousands of students.
              (15) Parents of students with severe food allergies often 
          face entirely different food allergy management approaches when 
          their students 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. DEFINITIONS.
  
      In this Act:
              (1) ESEA definitions.--The terms ``local educational 
          agency'', ``secondary school'', and ``elementary school'' have 
          the meanings given the terms in section 9101 of the Elementary 
          and Secondary Education Act of 1965 (20 U.S.C. 7801).
              (2) School.--The term ``school'' includes public--
                      (A) kindergartens;
                      (B) elementary schools; and
                      (C) secondary schools.
              (3) Secretary.--The term ``Secretary'' means the Secretary 
          of Health and Human Services, in consultation with the 
          Secretary of Education.
  
  SEC. 4. ESTABLISHMENT OF VOLUNTARY FOOD ALLERGY AND ANAPHYLAXIS 
                MANAGEMENT POLICY.
  
      (a) Establishment.--Not later than 1 year after the date of 
  enactment of this Act, the Secretary 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, 
          including licensed child care providers, preschool programs, 
          and Head Start, to be implemented on a voluntary basis only.
      (b) Contents.--The voluntary policy developed by the Secretary 
  under subsection (a) shall contain guidelines that address each of the 
  following:
              (1) Parental obligation to provide the school, prior to the 
          start of every school year, with--
                      (A) documentation from the student's physician or 
                  nurse--
                              (i) supporting a diagnosis of food allergy 
                          and the risk of anaphylaxis;
                              (ii) identifying any food to which the 
                          student is allergic;
                              (iii) describing, if appropriate, any prior 
                          history of anaphylaxis;
                              (iv) listing any medication prescribed for 
                          the student for the treatment of anaphylaxis;
                              (v) detailing emergency treatment 
                          procedures in the event of a reaction;
                              (vi) listing the signs and symptoms of a 
                          reaction; and
                              (vii) assessing the student's readiness for 
                          self-administration of prescription medication; 
                          and
                      (B) a list of substitute meals that may be offered 
                  to the student by school food service personnel.
              (2) The creation and maintenance of an individual health 
          care plan tailored to the needs of each student with a 
          documented risk for anaphylaxis, including any procedures for 
          the self-administration of medication by such students in 
          instances where--
                      (A) the students are capable of self-administering 
                  medication; and
                      (B) such administration is not prohibited by State 
                  law.
              (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 cafeterias.
              (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 and training 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 that are addressed in the 
          individual health care plan.
              (10) 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.
  
  SEC. 5. VOLUNTARY NATURE OF POLICY AND GUIDELINES.
  
      The policy developed by the Secretary under section 4(a) and the 
  food allergy management guidelines contained in such policy are 
  voluntary. Nothing in this Act or the policy developed by the Secretary 
  under section 4(a) shall be construed to require a local educational 
  agency or school to implement such policy or guidelines.
  
              Passed the House of Representatives April 8, 2008.
  
              Attest:
  
                                              LORRAINE C. MILLER,
  
                                                                   Clerk.
target: Food Allergy and Anaphylaxis Management Act of 2008 - Requires the Secretary of Health and Human Services to develop and make available to local educational agencies a policy to manage the risk of food allergy and anaphylaxis in schools to be implemented on a voluntary basis only. Directs that such policy address: (1) the documentation of student allergies and the development of an individual health care plan for each such student; (2) communication with emergency medical services, school staff, parents, and students; (3) reduction of exposure to causative agents of food allergies; (4) food allergy management training; and (5) administration of epinephrine.
  
  Provides that the policy developed by the Secretary and the food allergy management guidelines contained in such policy are voluntary.
feat_title: To direct the Secretary of Health and Human Services, in consultation with the Secretary of Education, to develop a voluntary policy for managing the risk of food allergy and anaphylaxis in schools.