Maryland becomes 4th state to pass Elijah’s Law

April 29, 2024

Maryland has become the fourth state to enact Elijah’s Law to ensure childcare facilities have policies in place to protect children with food allergies. Maryland Gov. Wes Moore signed Elijah’s Law on April 26, 2024.

Four states have passed versions of Elijah’s Law: Illinois, Maryland, New York and Virginia. A fifth state – Connecticut – has adopted requirements similar to Elijah’s Law.

Other states are considering Elijah’s Law as well. California, Kansas, Michigan, Missouri and Pennsylvania have had bills under consideration in their state houses.

What is Elijah’s Law?

Elijah’s Law is named after 3-year-old Elijah-Alavi Silvera. Elijah passed away in 2017 after a severe food-allergic reaction at his daycare in New York City. Read more about Elijah in our exclusive Q&A interview with his father, Thomas Silvera.

Elijah’s Law requires the staff or a staff member at a childcare facility or daycare to be trained in managing food allergies. This includes identifying and treating anaphylaxis, a severe allergic reaction.

Elijah’s Law would allow childcare facilities to have stock epinephrine on site. It would ensure staff members are trained to administer epinephrine in case of an emergency. (Epinephrine is the first-line treatment for anaphylaxis, a severe allergic reaction.)

As part of Elijah’s Law, childcare facilities would have policies for clear communication of allergy information and reducing exposure to food allergens when possible. It would also require emergency action plans for each food-allergic child.

Advocate for Elijah’s Law

Allergy & Asthma Network is encouraged by state actions to improve food allergy policies at schools and daycares.

Approximately 20 million Americans live with food allergies, including 4 million children. One in 13 children is diagnosed with a food allergy – that’s roughly two in every classroom. Infants and toddlers are at high risk. Up to 40% of children with food allergies have had at least one severe reaction. The rate of anaphylaxis is higher in children ages 0-4 than in any other age group.

In addition, severe allergies to insect venom, certain medications and latex can trigger anaphylaxis and require epinephrine as treatment.

We encourage you to get involved and help get Elijah’s Law adopted in more states. Urge your state lawmakers to pass Elijah’s Law and/or introduce it into the state legislature.

Find out how you can become an advocate. Reach out to your state representatives and take action today.