State law addresses allergy plans.
216-RICR-20-10-4 School Health Programs
4.21.4 Response to and Treatment for Anaphylaxis A. To prevent or treat a case of anaphylaxis (as defined in § 4.3(A)(3) of this Part), the certified school nurse-teacher or trained school personnel must administer the epinephrine autoinjector to an identified student. Certified school nurse- teachers must administer the epinephrine auto-injector in accordance with standard nursing practice. B. In the event of a suspected case of anaphylaxis, school personnel may administer the emergency protocol, including an epinephrine auto-injector to a medically identified student when authorized by a parent/guardian and when ordered by a physician or other licensed prescriber. C. School health programs must develop and adopt a procedure for addressing incidents of anaphylaxis and the use of the epinephrine auto-injector on previously medically identified students. Such procedures must pertain to no less than the requirements described in this Part and must include the following:
- Parents must provide a physician's or other licensed prescriber's order, parent authorization, and filled prescription(s) (i.e., the epinephrine auto-injector(s)) notifying the school of the student's allergy and the need to administer the epinephrine auto-injector in a case of anaphylaxis.
- School administrators must communicate the required medical information from the parent to the appropriate school personnel, including the certified school nurse-teacher, teachers, food service workers, and school bus drivers and bus monitors.
- The school physician must review these procedures on an annual basis.
4.21.6 Food Allergy Management A. Schools that have students with peanut/tree nut allergies are required to post a notice in accordance with R.I. Gen Laws § 16-21-31. B. 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 pursuant to R.I. Gen Laws § 16-21-32. C. Students with peanut/tree nut allergies, must have an IHCP and EHCP developed in accordance with R.I. Gen Laws § 16-21-32 prior to entry into school or immediately thereafter for students diagnosed with an allergy.
Peanut Allergy Law Guidance Documents
These guidelines provide information on preparing for and assisting students with allergies.
Sample Rhode Island School Food Allergy Policy
This document provides template policy langauge for distrcts to adopt regarding assistance for students with allergies
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.
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.