Sen. Gounardes and AM Rosenthal's Bill to Ensure Childcare Epinephrine Access Passes State Legislature
As childcare access expands, bill requires childcare centers to have lifesaving epinephrine devices and staff trained to use them in case of allergic reaction
FOR IMMEDIATE RELEASE: JUNE 4, 2026
New York State Senator Andrew Gounardes and Assemblymember Linda Rosenthal issued the following statement after their childcare epinephrine bill passed both chambers of the New York State legislature:
“Anaphylaxis can be terrifying and deadly, especially for kids. As we expand access to childcare to more New York families, we need to ensure childcare centers are safe and accessible for all kids. But these spaces can be challenging for children with allergies: they’re often where kids are first exposed to new foods, and children may be too young to advocate for themselves.
“That’s why this bill is so important: by requiring childcare centers to have life-saving epinephrine on hand and to train staff to use it, we can make life safer and less stressful for kids, parents, and providers. Kids have enough on their plate—our bill ensures they’ve got one less thing to worry about when they sit down to eat.”
Background:
Under Elijah's Law, enacted in 2019, the New York State Office of Children and Family Services (OCFS) was directed to create an anaphylactic policy to be implemented by child care providers statewide. The law, which built upon existing requirements for school districts, requires child care providers to have procedures in place to respond to allergic reactions, have training programs available for staff, and communicate with families about allergy protocols. The law is named after Elijah-Alavi Silvera, a three-year-old boy who died of an allergic reaction to food provided at his day care facility. Despite the facility being notified of Elijah's severe dairy allergy, the lack of clear guidance and protocols allowed this tragic death to occur.
The current law requires childcare facilities to follow state allergy guidelines to respond to anaphylactic reactions. But it falls short of requiring them to actually stock epinephrine devices in an emergency. This bill (S.8587A/A.9245A) expands the law to include the requirement that at least one trained staff member be present at all times when children are in the facility and would ensure training courses include information on how to recognize signs of an allergic reaction, the proper storage and use of epinephrine devices, and age-appropriate dosage recommendations. The bill would also require child care providers to maintain an incident log of allergy-related illnesses, injuries, and epinephrine administrations, and to quickly communicate such occurrences to a child's parent or guardian. Together, these changes ensure that Elijah's Law remains effective at protecting children from often-preventable allergic reactions.
Press Contact:
Billy Richling
Communications Director
State Senator Andrew Gounardes
Erica Overton
Chief of Staff
Assemblymember Linda B. Rosenthal
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