All New York City childcare centers and schools will now be required to stock epinephrine devices under a new local law. The New York City Council’s vote is significant as it mandates, rather than just “allows,” lifesaving medication to be on-site for children at risk of severe allergic reactions.
“As a mother, I know how quickly a severe allergic reaction can turn a normal school day into a life-threatening emergency,” says City Council Member Julie Menin. “No parent should ever have to worry about whether a life-saving dose of epinephrine will be available when it is needed most.”
Menin sponsored Int. 895, which was unanimously approved December 4, 2025, and will go into effect in four months. The mandate applies to all New York City childcare programs, public and private schools as well as charter schools.
Thomas Silvera, executive director of the Elijah-Alavi Foundation (EAF), worked with Menin to develop the city ordinance for about a year. “Parents will feel a bit safer when they send their kids to school, knowing that there is an added protection in place,” Silvera tells Allergic Living.
Silvera and Dina Hawthorne co-founded the foundation in memory of their son Elijah-Alavi, who died of anaphylaxis in 2017. The 3-year-old was served a grilled cheese sandwich at his New York City preschool, despite his known dairy allergy. The daycare then failed to call 911.
Now, Elijah’s parents have helped set a precedent for epinephrine access at schools and daycares in the city where their child lost his life. They spent an emotional day at New York City Hall as every council member gave approval for the law.
“Passing Int. 895 is how we honor Elijah-Alavi’s legacy, and not with words, but with action,” Silvera and Hawthorne said in a statement.
Bolstering Elijah’s Law
The New York City ordinance builds on provisions in place in Elijah’s Law at the state level. New York was the first state to pass Elijah’s Law in 2019. It requires all daycare programs to implement guidelines to prevent, recognize and respond to anaphylactic reactions.
“Having this law now in place on the city level helps us to strengthen the current Elijah’s Law on the state level,” Silvera says.
Current state law says elementary and high schools “may provide” epinephrine devices on the premises. But by making stock epinephrine in New York City schools mandatory, “we just changed the game,” Silvera says.
Elijah-Alavi Foundation.
He is working with state lawmakers to strengthen Elijah’s Law across New York State. In November 2025, state Senator Andrew Gounardes introduced Senate Bill S8587, and state Assemblymember Linda Rosenthal introduced Assembly Bill A9245.
The bills mandate stock epinephrine for daycare centers, and require that staff trained to use them and recognize anaphylaxis are always on-site. The proposed legislation also would create a data system to track incidents at childcare facilities statewide. This incident log would include information on allergic reactions or injuries and epinephrine administrations.
“These changes will ensure that Elijah’s Law remains effective at protecting children from often preventable allergic reactions,” Senate Bill S8587 states.
Silvera is optimistic about the bills passing in New York. “When we present at the state level, showing what we did in the city makes it easier,” he says.
Advocacy in More States
Advocates working together are at the heart of the Elijah-Alavi Foundation’s efforts throughout the country.
So far, Elijah’s Law requiring anaphylaxis protocols in childcare centers has passed in six states: California, Illinois, Maryland, New York, Arkansas, and Virginia. It also has passed at the city level in Kansas City, Missouri.
Other states considering an Elijah’s Law at the childcare level include Missouri and Pennsylvania. Plans are in the works to resubmit proposed legislation in both states in the next session, Silvera says. There are also conversations to possibly move forward on proposed laws in New Jersey, Florida and North Carolina, he says.
In all of these efforts, Silvera credits fellow advocates, and urges residents in these states to reach out to their state legislators asking for support. With the New York state epinephrine advocacy, residents can now cite the New York City mandate as a precedent.
The New York City success is an example of how advocates help push legislation forward, Silvera says. For example, Hawthorne testified at City Hall in support of the bill, along with other parents affected by food allergies, and advocates. Letters sent to council members advocating for the bill also helped advance the law.
“I love the power of community making sure we do something like this,” Silvera says.
Related Reading:
Advocates Hail Elijah’s Laws for California Daycares
The Call to Protect Kids in Childcare from Severe Allergic Reactions
