Rhode Island - Chronic Conditions—allergy plan: Policy requirement

Area: 
Policy Or Plan Requirements
Policy Type: 
statute; regulation
Summary: 

State law addresses allergy plan.

State of Rhode Island General Laws § 16-21-32. Peanut/tree nut allergies.

(a) The governing body of each elementary, middle or junior high school approved for the purpose of §§ 16-19-1 and 16-19-2, shall develop a policy designed to provide a safe environment for students with peanut/tree nut allergies. When a school is aware that an enrolled student has a peanut/tree nut allergy with potentially serious health consequences, the school shall implement a protocol, consistent with the governing body's policy, that provides the student with protections while he or she is attending school or participating in school-sponsored activities. The governing body's policy shall include the development of an individual health care plan (IHCP) and an emergency health care plan (EHCP) for each student with such food allergy. The student's IHCP and EHCP shall be developed collaboratively and be signed by the school nurse, the student's health care provider, the parents/guardians of the student, and the student (if appropriate). Depending upon the nature and extent of the student's peanut/tree nut allergy, the measures listed in the IHCP may include the posting of signs at school, the prohibition of the sale of particular food items in the school, the designation of special tables in the cafeteria, the prohibition of particular food items in certain classrooms, and the complete prohibition of particular food items from a school or school grounds.


State of Rhode Island General Laws § 16-21-22. Allergic emergencies – Anaphylaxis – Use of epinephrine – Immunity for those administering.

(a) The department of elementary and secondary education and the department of health shall incorporate into their policies, rules, and regulations pertaining to school health programs a procedure for addressing incidents of anaphylaxis (exaggerated allergic reaction) in order to provide for the health and safety of children who have been medically identified as being prone to anaphylaxis or who show evidence of anaphylaxis. The policies, rules, and regulations shall include a procedure whereby a parent or legal guardian of any child may expressly authorize the school department and school bus drivers and monitors to administer the epinephrine on his or her child in case of an emergency and ensures that the epinephrine is kept in a conspicuous place, readily available, and that their proper use is made known to school personnel. School bus drivers and monitors shall receive training in the administration of epinephrine. To treat a case of anaphylaxis, trained school bus drivers and/or monitors shall administer the epinephrine auto-injector to an identified student.


Rules and Regulations for School Health Programs

Section 18.0 First Aid and Emergencies

18.11 In all public or non-public schools, wherein a student with an allergy to peanuts/tree nuts and/or food derived from peanut/tree nuts products is in attendance, a notice shall be posted within that school building in a conspicuous place at every point of entry and within the cafeteria facility advising that there are students at said school with allergies to peanuts/tree nuts. The notice shall not identify the individual(s) with such allergy.

18.12 In all public and non-public elementary, middle or junior high schools, the school authority shall develop a policy designed to provide a safe environment for students with peanut/tree nut allergies with potentially serious health consequences while attending school or participating in school-sponsored activities. Such policy shall include, but is not limited to, the following:

  • 18.12.1 The development of an individual health care plan (IHCP) and an emergency health care plan (EHCP) for each student with such food allergy; and
  • 18.12.2 The development by the school of a protocol, consistent with the policy and the IHCP and EHCP, that provides the student with protections while he or she is attending school or participating in school-sponsored activities.

[Inactive as of July 2018.]
Source: Rhode Island Secretary of State

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