On November 13, 2013, President Obama signed the School Access to Emergency Epinephrine Act, which provides financial incentives for states to pass laws allowing schools to stock epinephrine and administer it to children who do not have a prescription. *Source: http://www.whitehouse.gov (President Obama Signs New EpiPen Law To Protect Children with Asthma and Severe Allergies, And Help Their Families To Breathe Easier)
The law was passed by the U.S. House of Representatives in July 2013. See School Access to Emergency Epinephrine Act Passed on July 30, 2013 | Food Allergy Lawyers
Currently, only 28 states have laws that allow schools to stock epinephrine and administer the drug to children without a prescription. See Tennessee Joins 27 States In Enacting Epinephrine Laws For Schools | Food Allergy Lawyer
For the states that already have an epinephrine law, they are now eligible for grants to stock their schools with EpiPens or other forms of injectable epinephrine.
This law is essential for saving children who have food allergies or those who do not yet know they have food allergies. In the last 10 years, the number of children with food allergies has increased. According to the Journal of Allergy and Clinical Immunology, incidences of peanut allergy have more than tripled between 1997 and 2008. The latest research indicates that 1 in 13 children have a food allergy.
Parents with kids who have severe food allergies should also inquire with their children’s schools to see if they qualify for a 504 plan. For more information about a 504 plan, see What is a 504 plan and what does it mean for your child with a food allergy?
Parents, in collaboration with the school, can create a 504 plan for their child with a severe food allergy that may be considered as a disability. The 504 plan outlines appropriate accommodations, needs and/or services for a child with a disability to participate safely and equally with his/her peers in all activities of a normal school day. However, the child must be evaluated first to see if he/she qualifies for a 504 plan.
If your child became ill or had a severe allergic reaction after eating due to a school’s negligence, call the food allergy lawyers at White and Williams to explore your child’s legal rights. Our lawyers offer a free initial consultation. 877.944.8396