BILL NUMBER: S8587
SPONSOR: GOUNARDES
 
TITLE OF BILL:
An act to amend the public health law, in relation to requiring epineph-
rine devices for anaphylaxis and staff trained to use them at child day
care centers
 
PURPOSE OR GENERAL IDEA OF BILL:
This legislation will strengthen existing laws to increase allergy
awareness in child care settings and protect children against anaphylax-
is.
 
SUMMARY OF PROVISIONS:
Section one amends section 2500-h of the public health law.
Section two amends subdivisions two and three of section 2500-h-1 of the
public health law.
Section three amends the section heading and paragraph (b) of subdivi-
sion one of section 3000-c of the public health law.
Section four establishes the effective date.
 
JUSTIFICATION:
Under Elijah's Law, enacted in 2019, the New York State Office of Chil-
dren 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 and anaphylaxis, have training programs available for staff
and to communicate with families about allergy protocols. The law was
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.
Since the law's passage, OCFS has developed guidance for child care
providers to follow, but more must be done. This bill would expand 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
that any training courses include information on how to recognize signs
and symptoms of an allergic reaction, the proper storage and use of
epinephrine devices and the appropriate dosage for infants, toddlers,
children and adults. Further, the bill would require child care provid-
ers to maintain an incident log of allergy-related illnesses, injuries
and epinephrine administrations and to quickly communicate any such
occurrence to a child's parent or guardian. Together, these changes will
ensure that Elijah's Law remains effective at protecting children from
often preventable allergic reactions.
 
PRIOR LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS:
None to the State.
 
EFFECTIVE DATE:
90 days.