Child care providers would be allowed to stock emergency epinephrine

Child care providers would be allowed to stock epinephrine and authorize trained employees or volunteers to give it. Emergency use would cover children and other people at the facility, whether or not they have their own epinephrine prescription. A prescribing clinician would issue ongoing instructions covering emergency use, follow-up care, contacting emergency services, incident records, and disposal. Authorized workers would need required training. They could give prescribed epinephrine under a child’s recorded treatment plan. Emergency use would require following the clinician’s protocol and a good-faith belief that the person has anaphylaxis, a potentially life-threatening allergic reaction. The proposal sets July 1, 2026 as its effective date; enactment is not established by the recorded actions.

Covered workers, providers, and prescribing clinicians would receive protection from civil lawsuits and criminal liability for giving epinephrine under these rules. Protection would cover authorized workers, child care providers, and clinicians who prescribe epinephrine to a provider. Protection would not apply to intentional misconduct. Providing or giving epinephrine under these rules would not count as practicing medicine. The proposal sets July 1, 2026 as its effective date; enactment is not established by the recorded actions.

The state division responsible for these rules would consult the Department of Health and adopt rules to prevent and handle life-threatening allergic reactions. Rules would cover children and other people with life-threatening allergies who may be at a child care facility. Providers and parents or guardians would jointly develop written allergy plans using children’s clinicians’ instructions. Plans would enter children’s health records and receive annual updates. Rules would require training for providers and authorized workers, including safe epinephrine storage and use. Each child care provider would make its required protocols and policies public. The proposal sets July 1, 2026 as its effective date, but gives no deadline for completing the rules. Enactment is not established by the recorded actions.