What's happening
This bill, "Elijah's Law," requires New York to establish and update anaphylactic policies for both schools and child care providers.
Why it matters
Expands protections to younger children. By requiring child day care providers to have anaphylactic policies, the bill ensures children are protected from life-threatening allergic reactions not just in schools, but also in early care settings—where children may be more vulnerable and less able to communicate allergic symptoms.
Standardizes and updates allergy response protocols. The bill creates uniform guidelines for allergy prevention, emergency response, staff training, and individualized care plans across both schools and child care providers, improving preparedness and reducing disparities in allergy management.
Promotes education and communication. Annual notifications to parents/guardians and direct communication with children (when appropriate) aim to increase allergy awareness, encourage family involvement, and foster safer environments by educating everyone about safe foods and strategies to avoid allergic reactions.
Mandates regular review and improvement. By requiring the state to update anaphylactic policies at least every three years (or more often if needed), the bill ensures that the latest medical knowledge and best practices continue to inform how schools and child care providers protect children with severe allergies.
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Who cares
Headline styles
Require Allergy Plans in Childcare
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Signed chap.254
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.157
- Substituted for A6971B
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 61–0
- Ordered to third reading cal.768
- Reported and committed to rules
- Print number 218b
Show 5 earlier actions
- Amend and recommit to finance
- Reported and committed to finance
- Print number 218a
- Amend (t) and recommit to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Allergy Safety In Childcare
Assembly Floor Calendar · Sponsor Al Taylor
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
218--B
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. BENJAMIN -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to requiring anaphylactic policies for child care services
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as "Elijah's Law".
§ 2. Section 2500-h of the public health law, as added by chapter 579 of the laws of 2007, is amended to read as follows:
§ 2500-h. Anaphylactic policy for school districts and child care providers. 1. (a) The commissioner, in consultation with the commissioner of education, shall establish an anaphylactic policy for school districts setting forth guidelines and procedures to be followed for both the prevention of anaphylaxis and during a medical emergency resulting from anaphylaxis. Such policy shall be developed after consultation with representatives of pediatric physicians, school nurses and other health care providers with expertise in treating children with anaphylaxis, parents of children with life threatening allergies, school administrators, teachers, school food service directors and appropriate not-for-profit corporations representing allergic individuals at risk for anaphylaxis.
(b) The commissioner, in consultation with the commissioner of children and family services, shall establish an anaphylactic policy for child day care providers as defined in section three hundred ninety of the social services law setting forth guidelines and procedures to be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01766-08-9
S. 218--B 2
followed for both the prevention of anaphylaxis and during a medical emergency resulting from anaphylaxis. Such policy shall be developed after consultation with representatives of pediatric physicians and other health care providers with expertise in treating children with anaphylaxis, parents of children with life threatening allergies, child day care administrators and personnel, and appropriate not-for-profit corporations representing allergic individuals at risk for anaphylaxis. The commissioner, in consultation with the commissioner of children and family services, shall create informational materials detailing such anaphylactic polices to be distributed to child day care centers.
(c) In establishing policies pursuant to this subdivision, such commissioners shall consider existing requirements, as well as current and best practices for schools and child day care providers on allergies and anaphylaxis, including those in place for child care centers regulated by the New York city department of health and mental hygiene. Such commissioners shall also consider the voluntary guidelines for managing food allergies in schools and early care and education programs issued by the United States department of health and human services, to the extent appropriate for the setting.
(d) The commissioner shall create informational materials detailing such anaphylactic policies to be distributed to local school boards of education, charter schools, boards of cooperative educational services, and child day care centers, and shall make the materials available on the department's website.
2. The anaphylactic [policy] policies established [by] under subdivision one of this section shall include the following:
(a) a procedure and treatment plan, including emergency protocols and responsibilities for school nurses and other appropriate school and child day care personnel, for responding to anaphylaxis;
(b) a training course for appropriate school and child day care personnel for preventing and responding to anaphylaxis. The commissioner shall, in consultation with the commissioner of children and family services and the commissioner of education, consider existing training programs for responding to anaphylaxis in order to avoid duplicative training requirements. Such pre-existing program shall fulfill the requirement for a training course pursuant to this subdivision if the standards of such pre-existing program are deemed by the commissioner to be at least as stringent as the standards promulgated by the commissioner in the development of the training course by the state;
(c) a procedure and appropriate guidelines for the development of an individualized emergency health care plan for children with a food or other allergy which could result in anaphylaxis;
(d) a communication plan for intake and dissemination of information provided by the state regarding children with a food or other allergy which could result in anaphylaxis, including a discussion of methods, treatments and therapies to reduce the risk of allergic reactions, including anaphylaxis; [and]
(e) strategies for the reduction of the risk of exposure to anaphylactic causative agents, including food and other allergens[.]; and
(f) a communication plan for discussion with children that have developed adequate verbal communication and comprehension skills and with the parents or guardians of all children about foods that are safe and unsafe and about strategies to avoid exposure to unsafe food.
3. [On or before June thirtieth, two thousand eight] At least once per calendar year, schools shall send a notification to the parents and/or guardians of all children under the care of such schools to make them
S. 218--B 3
aware of such anaphylactic policies, as developed by the commissioner. For children under the care of the child day care providers, such notification shall be provided by the child day care provider when the child is enrolled and annually thereafter. Such notifications shall include contact information for parents and guardians to engage further with the school or child day care provider to learn more about individualized aspects of such policies.
4. Within six months of the effective date of the chapter of the laws of two thousand nineteen which amended this section, [an] the anaphylactic [policy] policies established under this section shall be jointly forwarded by the commissioner [and]as well as the commissioner of education or the commissioner of children and family services as appropriate to each local school board of education, charter school, [and] board of cooperative educational services and child day care service provider, as defined in section three hundred ninety of the social services law, in the state. Each such [board and charter school] entity shall [consider and take action in response to such] implement or update as appropriate their anaphylactic policy in accordance with those developed by the state within six months of receiving the anaphylactic policies.
5. The anaphylactic policies established by this section shall be updated at least once every three years, or more frequently if the commissioner determines it to be necessary or desirable for the protection of children with a food allergy or other allergy which could result in anaphylaxis.
§ 3. This act shall take effect immediately; provided that the amendments to subdivision 3 of section 2500-h of the public health law made by section one of this act shall take effect one year after this act shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to requiring anaphylactic policies for child care services
Purpose
To reduce, to the extent practicable, incidences of anaphylaxis and other severe allergic reactions among children in the setting of a child care service provider. Elijah Silvera, age 3, was enrolled in a day care program at a Harlem day care facility, which had been notified in writ- ing that Elijah suffered from severe dairy allergies. Despite this warn- ing, in November 2017 Elijah was given a cheese sandwich by an employee. According to his family, Elijah went into severe anaphylactic shock and died. In the wake of this tragedy, it remains unclear that the Adminis- tration for Childrens' Services has developed or followed a protocol intended to educate care providers and students on the danger presented by anaphylaxis and how to recognize and provide first aid in case of emergency.
Summary of provisions
To require the Commissioner to create a procedure and treatment plan, including responsibilities for child care services personnel, for responding to anaphylaxis; create a training course for appropriate child care service personnel for preventing and responding to anaphylax- is; to establish a procedure and appropriate guidelines for the develop- ment of an individualized emergency health care plan for children with a food or other allergy which could result in anaphylaxis; create a commu- nication plan for intake and dissemination of information regarding children with a food or other allergy which could result in anaphylaxis; create strategies for the reduction of the risk of exposure to anaphy- lactic causative agents, including food and other allergens; create a communication plan for discussion with children about symptoms of an allergic reaction.
Existing law
No such provision.
Justification
To preserve the life and health of children with severe diagnosed aller- gies that may result in anaphylaxis in the setting of a child care service provider.
Legislative history
2017-18: S.9193 / A.10031A
Fiscal implications
None
Local fiscal implications
None
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.