ALBANY — A BIPARTISAN BILL REQUIRING CHILDCARE CENTERS to have lifesaving epinephrine devices and staff trained to use them has passed both houses of the state legislature. Democrat state Sen. Andrew Gounardes (western Brooklyn) and Assemblymember Linda Rosenthal (Manhattan) are the main sponsors, with Republican state Sen. Peter Oberacker (Oneonta area) as a cosponsor. The bill now heads to Gov. Kathy Hochul’s desk for signature.
Although current law requires childcare facilities to follow state allergy guidelines to respond to anaphylactic reactions, it falls short of requiring them to physically stock epinephrine devices for an emergency. This bill (S.8587A/A.9245A) also expands the law to require at least one trained staff member to be present at all times when children are in the facility, and would ensure training courses include information on recognizing signs of an allergic reaction, proper storage and use of epinephrine devices, and age-appropriate dosage recommendations.
The bill would also require staff to maintain an incident log of emergencies and epinephrine administrations, and to quickly notify parents and guardians of such incidents.
The current law, enacted in 2019, is named “Elijah’s Law,” in memory of a three-year-old boy who died during a severe allergic reaction to dairy food that was served at his daycare facility, even though its staff had been notified of the allergy.
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