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Committee advances bill to require school epinephrine supplies; sponsors remove department appropriation after agency concerns
Summary
Lawmakers considered HB677 to ensure schools maintain epinephrine supply (auto‑injectors and FDA‑approved nasal spray). Sponsors agreed to remove a stand‑alone appropriation after the Department of Education said it could not commit to an open appropriation; the committee approved an amended version on consent and recorded the amendment vote 7–0.
Representative Drago, sponsor of HB677, told Finance Division II that the bill would require schools to maintain a supply of epinephrine auto‑injectors for emergency use and add FDA‑approved intranasal epinephrine formulations to the statutory language.
Drago said multiple industry programs already supply schools at no charge; for example, the EpiPen4Schools program provides two 2‑packs (four doses) per school and replaces used doses. He described the program as a common no‑cost source for auto‑injectors and said schools can choose adult or junior dosing packs depending on the student population.
Department of Education staff asked for clarification of funding provisions in the bill. The draft included a one‑time appropriation line for the Department of Education to reimburse districts should they be unable to obtain free supplies. Department witnesses said the department could not carry out an open appropriation as drafted and recommended the committee either identify a funding source or remove the appropriation language; they also noted that adopting rules to implement a reimbursement process would require clarity on how funds would be appropriated.
Representative Vega (cosponsor) said the appropriation language was intended as a fallback in the unlikely event manufacturer donation programs were unavailable. Committee members discussed the risk of an unfunded mandate and the timing of potential reimbursements; several members suggested removing the appropriation language while preserving the policy requirement that schools maintain epinephrine supplies and require an annual report to the Department of Education on supply status and any uses.
Amendment and committee action Sponsors agreed to a modified amendment that: (1) adds FDA‑approved intranasal epinephrine where the bill previously referenced only auto‑injectors; (2) keeps the policy requirement that schools maintain a supply and train staff; and (3) removes the stand‑alone appropriation language after committee and department concerns. The amendment also preserved an annual reporting requirement to the Department of Education so the state can collect usage and availability data.
The committee adopted the amendment and later voted OTPA on the amended bill; amendments and the final committee recommendation were recorded by roll call as 7–0.
Why it matters: Supporters cited a small but non‑zero incidence of school anaphylaxis and the life‑saving nature of epinephrine; committee discussion focused on avoiding an unfunded mandate while ensuring policy and reporting requirements encourage uptake of existing no‑cost programs.
Ending Sponsors will proceed with the amended language (including intranasal epinephrine references and the annual report) and the committee advanced the bill on consent with the amendment.
