| Action | Amend regulation to require each child day center to implement policies for the possession and administration of epinephrine |
| Stage | Fast-Track |
| Comment Period | Ended on 12/17/2025 |
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I oppose this legal mandate for several reasons related to safety, liability, and feasibility:
Cost Burden:
Maintaining multiple types and doses of EpiPens to accommodate all age and weight groups is financially burdensome for small childcare centers. EpiPens are expensive, expire quickly, and would require continual replacement—placing an unreasonable cost on programs already operating on tight budgets.
Risk of Incorrect Administration:
Determining the correct dosage in a high-stress emergency—especially when the child’s medical history or weight is unknown—creates a significant risk of administering the wrong EpiPen. Using an adult dose on a small child, or vice versa, can cause serious complications and increases liability for the provider.
Medical Decision-Making Without Physician Oversight:
Administering an EpiPen to a child without a confirmed diagnosis, parental consent, or a doctor’s standing order places staff in the position of making a medical judgment they are not licensed to make. This exposes both the child and the center to unnecessary risk. Childcare staff are not trained medical professionals and should not be expected to make emergency medication decisions without proper authorization.