New York lawmakers have moved to tighten safety rules in child care centers, advancing a bipartisan bill that would require licensed daycares across the state to keep lifesaving epinephrine devices on site and have trained staff ready whenever kids are present. The measure cleared both chambers on June 3 and now heads to Gov. Kathy Hochul for a possible signature.
What the bill requires
The bill, A.9245/S.8587, would require every licensed child day care provider to keep at least two FDA-approved epinephrine delivery devices on the premises, in weight-appropriate dosages, and to ensure that at least one trained staff member is present any time children are in care. Training would need to cover how to recognize anaphylaxis, how to store and use the epinephrine devices, and how to determine age-appropriate dosing.
Providers would also have to maintain an incident log, notify parents after any use of stock epinephrine, and report incidents to the state within 24 hours. The bill sets an effective date of 90 days after it becomes law and directs the Office of Children and Family Services to post informational materials within six months, according to Assembly bill A9245.
Bipartisan sponsors and swift passage
Assemblymember Linda Rosenthal sponsored the measure in the Assembly, while State Sen. Andrew Gounardes carried it in the Senate, with Republican Sen. Peter Oberacker on board as a co-sponsor. As Brooklyn Eagle reported, the bill passed both houses and is now on its way to Gov. Hochul’s desk.
Advocates pressed for action
Parent and allergy-advocacy groups have been pushing for mandatory stock epinephrine in child care settings, arguing that undesignated epinephrine on site can be the difference between life and death when a child has a first-time or unexpected allergic reaction.
Allergy Advocates NY and allied organizations held events this spring urging lawmakers to require on-site epinephrine and mandatory staff training, according to Allergy Advocates NY via PR Newswire.
Why this matters
The proposal builds on 2019’s Elijah’s Law, which followed the 2017 death of three-year-old Elijah Silvera after he was given a grilled cheese sandwich at daycare despite a documented dairy allergy. As CBS New York reported, Elijah’s Law created statewide anaphylaxis policies and training requirements, but advocates said it stopped short of requiring daycares to keep stock epinephrine on site. This new bill is intended to close that gap.
Legal and practical implications
The bill creates new regulatory duties for licensed providers, including maintaining incident logs and designating staff responsible for epinephrine inventory, storage, and disposal. State officials say the Office of Children and Family Services will spell out the specifics in guidance if the bill becomes law. Because the legislation sets clear timelines for reporting and recordkeeping, operators will likely need to fold those tasks into daily routines and budgets, according to Assembly bill A9245.
Parents and providers are now looking to Albany for formal guidance on training requirements, potential funding, and any liability provisions that could especially affect smaller programs. If Gov. Hochul signs the bill, the 90-day effective window and six-month agency timeline will give child care centers a relatively short runway to get in line with the new rules.
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