Maryland Governor signs Elijah’s Law, protecting children with allergies

Key takeaways:

• Elijah’s Law ensures states have a set of guidelines for childcare centers in the presence of children with allergies.
• The law will take effect July 1.

Maryland lawmakers passed HB1195, or Elijah’s Law, which requires state departments to develop a set of guidelines for childcare centers to reduce the risk for anaphylactic reactions to food allergen.

The bill was sponsored by Delegate Julie Palakovich Carr (D-17) and signed into law on April 25 by Maryland Gov. Wes Moore.

Julie Palakovich Carr

“This bill really is about making childcare settings safer for kids who have food allergies,” Palakovich Carr told Healio.

The law requires the Maryland State Department of Education and the Maryland Department of Health to develop specific guidelines in order to reduce children’s risk for exposure to food allergens that may lead to anaphylactic shock in childcare settings. It would ensure that large family childcare homes and childcare centers adopt a food allergy policy while also ensuring childcare providers and employees are immune from civil liability in responding to a reaction.

The law is named after Elijah-Alavi Silvera, the 3-year-old son of Thomas Silvera and Ondina Hawthorne, who died after his childcare provider fed him a sandwich that contained an allergen in New York City. Elijah’s parents have since worked on having the law passed in New York, Virginia, Connecticut, and now Maryland.

“A big part of it is making sure that childcare providers have the information they need to make smart decisions upfront,” Palakovich Carr said. “To protect the kids in their care so that they’re hopefully never in a situation where they’re reacting to a kid having a reaction because they’re already taking good preventative measures.”

Before its passage, Food Allergy Research & Education (FARE) testified in favor of Elijah’s Law. The nonprofit issued a press release applauding the recent signing of the bill.

“There’s no standard of care right now when it comes to food allergies and, given that food allergies impact about 8% of all children, it’s been a glaring need,” Jason Linde, MA, senior vice president of advocacy for FARE, told Healio.

Jason Linde

A portion of the bill addresses the hesitancy some childcare providers might have when the need to administer epinephrine arises in an allergic emergency.

“Too often, people panic. They give Benadryl [diphenhydramine, Johnson & Johnson],” Linde said. “We have one medicine and one medicine only. It’s epinephrine. It will really help these caretakers understand what it looks like, what the reaction looks like and how you administer the epinephrine.”

The bill includes an advisory by the Maryland State Department of Education that all providers require 6 hours of medication administration training that includes responding to incidents relating to allergies and anaphylaxis.

“This bill ... prevents any future tragedies, like the one that befell the Silvera family,” Linde said. “It requires childcare providers, those that parents trust the most, with the information they need to take care of their children at the most critical of moments.”

The bill will take effect July 1.

References:

• Child care providers - Anaphylactic food allergies - Guidelines and indemnity (Elijah's Law). https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB1195. Published April 25, 2024. Accessed April 30, 2024.
• Fare-endorsed Elijah’s Law bill signed into law in Maryland. https://www.foodallergy.org/media-room/fare-endorsed-elijahs-law-bill-signed-law-maryland. Published April 25, 2024. Accessed April 30, 2024.