Notice of Objection to Fast-Track Actions Related to Stock or Undesignated Epinephrine

The Virginia Department of Education (VDOE) is notifying all impacted child care providers of objections to the four Fast-Track actions related to stock or undesignated epinephrine, thereby nullifying the previously planned effective date of January 1, 2026. Providers do not need to take any action at this time or implement the provisions of epinephrine-related requirements.

The proposed changes through the Fast-Track actions included:

• Requiring licensed child day centers and child day centers that participate in the child care subsidy program to implement policies for the possession and administration of epinephrine that requires at least one staff who is authorized by a prescriber and trained in the administration of epinephrine access to the safely stored appropriate weight-based dosage of epinephrine during regular operating hours.
• Requiring licensed family day homes, voluntarily registered family day homes, and family day homes that participate in the child care subsidy program to ensure the provider or at least one other caregiver be trained in epinephrine administration and to notify parents of each child who receives care whether the provider stores appropriate weight-based dosage of epinephrine in the residence or home in which the program operates.

The public comment period for the four proposed amendments to regulations regarding policies, training, and possession and administration of stock or undesignated epinephrine ended on December 17, 2025. In the regulatory process, public comment provides an opportunity to address support or opposition to the revised regulations and/or, in this case, the Fast-Track process. During the public comment period, VDOE received a sufficient number of objections, as defined in § 2.2-4012.1 of the Code of Virginia, for all four regulatory actions to halt the Fast-Track process. As a result, each will proceed with the standard regulatory process with the initial publication of the Fast-Track regulation now serving as the Notice of Intended Regulatory Action. A proposed stage will be created as the next step of the standard regulatory process.

Public comment objections urged reconsideration of both the Fast-Track process and the impact the proposed regulations would have on children’s safety, staff, and child care programs in general. Specifically, commenters cited a lack of specialized training to administer such medication, as well as increased financial and liability burdens in the absence of sufficient supports.

The Office of Child Care Health and Safety (OCCHS) will notify providers when the regulations from the proposed stage are published for public comment. The OCCHS will also share implementation procedures and compliance timelines through memos, webinars, and other resources prior to any changes becoming effective.

Thank you for your continued efforts to ensure that Virginia’s children are on track to succeed through access to safe and healthy child care. For more information on the affected regulations or if you have any questions please email childcarelicensing@doe.virginia.gov.

• Notice of Objection to Fast-Track Actions Related to Stock or Undesignated Epinephrine(PDF)