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Senate bill · S8587 (2025-26)

Requires epinephrine devices for anaphylaxis and staff trained to use them at child day care centers

PassedLatest action Jun 3, 2026

New York State Senate

Same as A9245, the matching bill in the Assembly.

Passed as A9245, the matching Assembly bill.

Sponsor

Andrew Gounardes

State Senator, District 26 · Democratic

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Summary

Requires child day care centers to have epinephrine devices and staff trained to use them on site in case of anaphylaxis or other severe allergic reaction.

Summary from NY Open Legislation. How we handle summaries

Amends the Public Health Law.

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 22, 2026. About our data

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Purpose, from the sponsor's memo

This legislation will strengthen existing laws to increase allergy awareness in child care settings and protect children against anaphylax- is.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Passed the legislature and is awaiting a signature.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

Committee

Health · New York State Assembly

Also referred to Health · New York State Senate, Rules · New York State Assembly, Rules · New York State Senate.

Cosponsors

Al Taylor, Angelo Santabarbara and 9 more on Agora

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

Read on NY Senate (opens in a new tab)
  • Democratic9
  • Republican2

This bill has cosponsors from more than one party.

Shown in neutral colors by design; Agora is non-partisan.

The sponsor's argument

Why Andrew Gounardes says this is needed

Under Elijah's Law, enacted in 2019, the New York State Office of Chil- dren and Family Services (OCFS) was directed to create an anaphylactic policy to be implemented by child care providers statewide. The law, which built upon existing requirements for school districts, requires child care providers to have procedures in place to respond to allergic reactions and anaphylaxis, have training programs available for staff and to communicate with families about allergy protocols. The law was named after Elijah-Alavi Silvera, a three-year-old boy who died of an allergic reaction to food provided at his day care facility. Despite the facility being notified of Elijah's severe dairy allergy, the lack of clear guidance and protocols allowed this tragic death to occur. Since the law's passage, OCFS has developed guidance for child care providers to follow, but more must be done. This bill would expand the law to include the requirement that at least one trained staff member be present at all times when children are in the facility and would ensure that any training courses include information on how to recognize signs and symptoms of an allergic reaction, the proper storage and use of epinephrine devices and the appropriate dosage for infants, toddlers, children and adults. Further, the bill would require child care provid- ers to maintain an incident log of allergy-related illnesses, injuries and epinephrine administrations and to quickly communicate any such occurrence to a child's parent or guardian. Together, these changes will ensure that Elijah's Law remains effective at protecting children from often preventable allergic reactions.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Recorded votes

  • Vote: Floor vote

    NY SenateJun 3, 2026Result: passedSenate vote on A9245, the matching Assembly bill.

    (60) (1) (0) (2)
  • Vote: Committee vote · Rules

    Senate RulesMay 28, 2026Result: passed

    (21) (0) (0) (0)

Full history

  1. Jun 3, 2026

    3RD Reading CAL.1381

    3RD READING CAL.1381

    NY Senate

  2. Jun 3, 2026

    Sent to the executive

    DELIVERED TO SENATE

    NY Assembly

  3. Jun 3, 2026

    Passed a chamber

    PASSED ASSEMBLY

    NY Assembly

  4. Jun 3, 2026

    Passed a chamber

    PASSED SENATE

    NY Senate

  5. Jun 3, 2026

    Referred to committee

    REFERRED TO RULES

    NY Senate

Show full history (12 earlier events)
  1. Jun 3, 2026

    Reported out of committee

    REPORTED REFERRED TO RULES

    NY Assembly

  2. Jun 3, 2026

    Rules Report CAL.409

    RULES REPORT CAL.409

    NY Assembly

  3. Jun 3, 2026

    Substituted

    SUBSTITUTED FOR S8587A

    NY Senate

  4. May 28, 2026

    In committee

    COMMITTEE DISCHARGED AND COMMITTED TO RULES

    NY Senate

  5. May 28, 2026

    Ordered to Third Reading CAL.1381

    ORDERED TO THIRD READING CAL.1381

    NY Senate

  6. May 27, 2026

    Reported out of committee

    REPORTED REFERRED TO WAYS AND MEANS

    NY Assembly

  7. May 20, 2026

    Amend and Recommit to Health

    AMEND AND RECOMMIT TO HEALTH

    NY Senate

  8. May 20, 2026

    Amend and Recommit to Health

    AMEND AND RECOMMIT TO HEALTH

    NY Assembly

  9. Jan 7, 2026

    Referred to committee

    REFERRED TO HEALTH

    NY Assembly

  10. Jan 7, 2026

    Referred to committee

    REFERRED TO HEALTH

    NY Senate

  11. Nov 19, 2025

    Referred to committee

    REFERRED TO RULES

    NY Senate

  12. Nov 7, 2025

    Referred to committee

    REFERRED TO HEALTH

    NY Assembly