Bill 201 (Legislature 30, Session 1)

L30 S1 11793

Alberta — Bills

2019 Bill 201 First Session, 30th Legislature, 68 Elizabeth II TH E LEGISLATIVE ASSEMBLY OF ALBERTA BILL 201 P ROTECTION OF STUDENTS WITH LIFE-THREATENING ALLERGIES ACT MS ARMSTRONG-HOMENIUK F irst Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S econd Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C ommittee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

T hird Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R oyal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Bill 201 Ms Armstrong-Homeniuk BILL 201 2019 P ROTECTION OF STUDENTS WITH LIFE-THREATENING ALLERGIES ACT (Assented to , 2019) W HEREAS students with life-threatening allergies should feel safe and supported at school; and W HEREAS while parents and students remain responsible for providing schools with information regarding life-threatening allergies and supplying the required medication for use at school if needed, the safety of students with life-threatening allergies is vitally important and it is necessary to provide for policies, procedures and emergency medication to protect these students; T HEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions 1 In this Act, (a) “anaphylaxis” means a severe systemic allergic reaction which can be fatal, resulting in circulatory collapse or shock, and “anaphylactic” has a corresponding meaning; (b) “board” means (

i) a board as defined in the School Act, (ii) a board as defined in the Northland School Division Act, (iii) the Regional authority of a Francophone Education R egion under the School Act,

2 ( iv) a person responsible for the operation of a private school registered under the School Act, and (

v) an operator of a charter school established under the Sc hool Act; (c) “ employee” means an employee of a board who regularly works at the school; (d) “ Minister” means the Minister determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (e) “ p arent” has the meaning given to it in the School Act; (f) “ principal” means a teacher designated as a principal or acting principal under the School Act or the Northland Sc hool Division Act or the person designated as the principal of a private school; (g) “ school” means a structured learning environment through w hich an education program is offered to a student by a board; (h) “ student” means a person who is enrolled in a school.

Es tablishment of policy 2(1) Every board shall establish and maintain an anaphylaxis policy in accordance with this section. (2 ) The anaphylaxis policy shall include the following: (

a) strategies that reduce the risk of exposure to anaphylactic cau sative agents in classrooms and school common areas; (

b) a communication plan for the dissemination of information on life-threatening allergies to parents, students and employees; (

c) mandatory regular training on dealing with life-threatenin g a llergies for all employees; (

d) a requirement that every principal or designate (

i) develop an individual plan for each student who has an anaphylactic allergy,

3 ( ii) ensure that, upon enrollment, parents and students are a sked to supply information on life-threatening al lergies, if any, and (iii) maintain a file for each anaphylactic student including a ny current treatments, copies of any prescriptions, an y instructions from health professionals and a cu rrent emergency contact list. Indiv idual anaphylaxis plans 3 An individual plan for a student with an anaphylactic allergy shall be consistent with the policy of a board established under

section 2 and shall include (

a) information for employees and others who are in direct contact with the student on a regular basis regarding the type of allergy, monitoring and avoidance strategies and appropriate treatments, (

b) a readily accessible emergency procedure for the student, including emergency contact information, and (

c) provisions for and information regarding storage for epinephrine auto-injectors, where necessary. Re cord-keeping 4(1) The Minister may make regulations respecting records created under this Act. (2 ) Regulations made under subsection (1) may provide that records or information created or collected under this Act form part of a student record under

section 38.1 of the School Act . S tock epinephrine auto-injectors 5 A board shall ensure that a minimum of one epinephrine auto- injector is maintained in accordance with the regulations in each school operated by the board. P reauthorized administration of medication 6(1) An employee may be preauthorized to administer or supervise student administration of medication in response to an anaphylactic reaction, and may do so, if

4 (

a) the information maintained in the student’s file under

section 2(2)(d)(iii) remains current, and (

b) consent has been given by the parent or student, as applicable, in the manner prescribed by the regulations.

(2) Parents and students are responsible for ensuring that the i nformation maintained under

section 2(2)(d)(iii) remains current. E mergency administration of medication 7 Even if not preauthorized to do so under

section 6(1), an employee may administer an epinephrine auto-injector or other medication prescribed to a student for the treatment of an anaphylactic reaction if the employee has reason to believe that the student is experiencing an anaphylactic reaction. P rotection from liability 8(1) No action lies or may be commenced against a person for anything done or omitted to be done by that person in good faith in response to an anaphylactic reaction in accordance with this Act unless it is established that the act or omission was caused by gross negligence on the part of that person.

(2) For greater certainty, nothing in subsection (1) affects any protection available to a person under the Emergency Medical Aid Act. C ommon law preserved 9 Nothing in this Act affects or in any way interferes with the duties any person may have under common law. R egulations 10 The Lieutenant Governor in Council may make regulations (

a) respecting the type, storage and location of epinephrine auto- injectors, and the provision of epinephrine auto-injectors to schools, in accordance with

section 5; (

b) prescribing the manner of providing consent under

section 6(1)(b);

5 (

c) de fining any word or phrase that is not defined in this Act for the purposes of this Act or the regulations. A mends SA 2012 cE-0.3 11(1) The Education Act is amended by this section. (2 ) The following is added after

section 281: C onsequential amendment 281.01(1) The Protection of Students with Life- Threatening Allergies Act is amended by this section. (2 )

Section 1 is amended (

a) by striking out “School Act” and substituting “Education Act” wherever it occurs, and (

b) by repealing clause (b)(iii) and substituting the following: (iii ) a Francophone regional authority as defined in the Education Act; (3 )

Section 4(2) i s amended by striking out “under

section 38.1 of the School Act” and substituting “under

section 56 of the Education Act”. C oming into force 12 This Act comes into force on January 1, 2020.

Explanatory Notes 5 Explanatory Notes 11 Amends

chapter E-0.3 of the Statutes of Alberta, 2012, by adding a consequential amendment.

Record of Debate STAGE DATE MEMBER FROM TO TOTAL CUMULATIVE TOTAL Title: 2019 (30th, 1st) Bill 201, Protection of Students with Life-threatening Allergies Act

Document details

Collection	Alberta — Bills
Citation	L30 S1 11793
Type	bill
Volume / chapter	L30 S1 11793
Language	en
Format	json
Source	PROVINCIAL
Identifier	76f9678d325f24d2cf2b0b756d18259c547c6f63

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