House Bill 332 Alabama 2026 Session

Summary

Primary Sponsor

Allen TreadawayRepresentative

Republican

Session

2026 Regular Session

Title

Day care centers; creation of anaphylactic response policy by the Department of Human Resources required, implementation in day care centers required, employee training required

Summary

HB332 requires the Department of Human Resources to create an anaphylactic response policy and requires licensed day care centers to implement it and train staff.

What This Bill Does

The Department of Human Resources will establish an anaphylactic response policy with guidelines for preventing and handling anaphylaxis in day care centers. Licensed centers must implement the policy starting January 1, 2028 and notify parents in writing when a child enrolls and annually thereafter. The policy must include an emergency procedure and treatment plan, individual emergency plans for children with allergies, and strategies to reduce exposure to allergens, developed with input from ADPH, the State Board of Pharmacy, and aligned with AAP guidance. All licensed day care center employees must complete anaphylaxis training by August 1, 2027 and every two years afterward, with training certificates issued and kept on file.

Who It Affects

• Licensed day care centers, which must adopt and implement the policy and maintain individual emergency plans and records.
• Day care center employees, who must complete the required training and follow emergency procedures during incidents.
• Parents/guardians of enrolled children, who must receive written notice of the policy at enrollment and annually thereafter.
• Children with allergies, who will have individualized emergency plans and allergy management measures.
• State agencies involved in creating, advising on, and enforcing the policy (Department of Human Resources, Department of Public Health, State Board of Pharmacy).
• Providers and staff involved with epinephrine delivery systems, who receive immunity protections when acting under the policy.
• Service staff such as cooks, janitors, and bus drivers are not covered as employees under the policy.

Key Provisions

• The Department of Human Resources must establish an anaphylactic response policy by August 1, 2027, with guidelines for prevention and emergency use, and centers must implement the policy by January 1, 2028.
• Licensed day care centers must notify parents or guardians in writing about the policy at enrollment and annually thereafter.
• Policy development must involve consultation with the Alabama Department of Public Health and the Alabama State Board of Pharmacy and follow guidance from the American Academy of Pediatrics regarding allergies.
• Policy must include: (a) a procedure and treatment plan with emergency protocols and responsibilities for trained staff; (b) guidelines for an individual emergency plan for each child with an allergy; (c) strategies to reduce exposure to allergens.
• By August 1, 2027, all licensed day care center employees must complete anaphylaxis training program developed by the Alabama Department of Public Health and keep certification on file, with re-training every two years.
• Centers that stock nonpatient-specific epinephrine delivery systems are subject to immunity and liability provisions in Section 22-1-16.
• Immunity provisions protect authorized entities, trainers, and employees acting in good faith, with exceptions for willful or wanton conduct; manufacturer liability remains unaffected.
• The act defines 'employee' as someone hired to care for children (excluding service staff like cooks, janitors, and bus drivers) and sets an effective date of October 1, 2026.

AI-generated summary using openai/gpt-5-nano-2025-08-07 on Mar 4, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Children