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House of Representatives
Session of 2021 - 2022 Regular Session


Posted: February 23, 2021 12:26 PM
From: Representative Ryan Warner
To: All House members
Subject: Elijah’s Law- Anaphylaxis Recognition and Emergency Response Procedures in Day Cares
In the near future, I plan to introduce legislation creating “Elijah’s Law” in Pennsylvania, requiring all child day care employees to receive training and education in anaphylaxis recognition and emergency response procedures. The legislation will also require a child day care facility to notify, as soon as possible, the parent(s) or guardian(s) of a child who suffers from an anaphylactic attack. Currently, child day cares are only required to have, at minimum, one employee trained in anaphylaxis recognition and emergency procedures as a prerequisite to acquire and stock epinephrine auto-injectors.

As the title suggests, this legislation is inspired by New York’s ‘Elijah’s Law’, which was enacted after 3-year-old Elijah Silvera (who had a known dairy allergy) died from anaphylaxis after he was given a grilled cheese sandwich at his day care. The day care did not initially notify Elijah’s parents of the incident.  

Although there are regulations in place for general allergy education and training, I believe that to further protect our children, specific anaphylactic education and training should be required for all child day care employees. If all child day care employees are equipped to handle anaphylactic emergencies, the greater a chance there is of saving young lives.  

I’ve witnessed firsthand the seriousness of food allergies when my then 4-year-old son nearly died from an anaphylactic reaction to cashews and I ask that you please join me in supporting this important legislation.

Introduced as HB1259