Elijah’s Law

Elijah’s Law Feature Image
July 26, 2019

What is Elijah’s Law?

Elijah’s Law tells early education programs in New York that they must follow state food allergy guidelines and protocols to prevent, recognize and respond quickly to life-threatening anaphylactic reactions. The bill was inspired by Elijah Silvera, a three-year-old boy who died of anaphylaxis after a daycare employee fed him a grilled cheese sandwich. Elijah had a known severe dairy allergy and allergic asthma.

According to Allergic Living, Silvera’s family provided written and verbal instructions of the child’s asthma and allergy action plan. Despite the instructions, the daycare failed to provide appropriate medical care. The unnamed staff member also neglected to call 911. The only action taken was a call to the child’s mother in which the employee described mild allergy symptoms. The mother rushed Elijah to the hospital but unfortunately, it was too late. Elijah’s Law aims to prevent these situations from happening again. 

How Does Elijah’s Law Help the Food Allergy Community?

Elijah’s Law aims to protect the food allergy community. The goal of the bill is to educate every daycare staff member on the signs of anaphylaxis. Employees will be able to treat children experiencing both minor and severe allergic reactions. New York daycares will be stocked with epinephrine auto-injectors and staff will be trained on how to use them. The food allergy community can be confident that their children will be safe in the hands of daycare providers. 

Where Does Elijah’s Law Apply?

Elijah’s Law applies to the state of New York. New York also passed a similar bill called Gio’s Law. This bill authorizes state police and firefighters to be trained on how to administer epinephrine auto-injectors and to carry these auto-injectors in their vehicles. Although Elijah’s Law only applies to New York, 14 states and many school districts have formal policies or guidelines to improve the management of food allergies in schools. Elijah’s Law is currently awaiting Governor Cuomo’s signature.

How Can NY Allergy & Sinus Centers Help the Food Allergy Community?

At NY Allergy & Sinus Centers, our board-certified allergists are trained to act in extreme allergic situations. We will provide your family with an allergy action plan to discuss with your daycare provider. Our pediatric allergists are available six days a week to help your child understand their allergies and treatment. We also make sure to keep patients informed on new bills and laws regarding allergies. If you have any questions regarding your current allergy treatment or would like to discuss options for a new treatment, call (212) 686-4448 to book an appointment at one of our six offices in NYC.