SB 25-278 Fiscal Note Legislative Council Staff Nonpartisan Services for Colorado’s Legislature SB 25-278: EPINEPHRINE ADMINISTRATION IN SCHOOLS Prime Sponsors: Sen. Mullica Rep. Stewart R. Published for: Senate Health & Human Services Drafting number: LLS 25-1044 Fiscal Analyst: Kristine McLaughlin, 303-866-4776 kristine.mclaughlin@coleg.gov Version: Initial Fiscal Note Date: April 8, 2025 Fiscal note status: The fiscal note reflects the introduced bill. Summary Information Overview. The bill broadens the use of epinephrine on school property by changing the phrase “epinephrine auto-injector” to “emergency-use epinephrine.” Types of impacts. The bill is projected to affect the following areas on a temporary basis: State Expenditures School Districts Appropriations. For FY 2025-26, the bill requires an appropriation of $18,758 to the Department of Education. Table 1 State Fiscal Impacts Type of Impact 1 Budget Year FY 2025-26 Out Year FY 2026-27 State Revenue $0 $0 State Expenditures $22,987 $0 Transferred Funds $0 $0 Change in TABOR Refunds $0 $0 Change in State FTE 0.2 FTE 0.0 FTE 1 Fund sources for these impacts are shown in the tables below. Page 2 April 8, 2025 SB 25-278 Table 1A State Expenditures Fund Source Budget Year FY 2025-26 Out Year FY 2026-27 General Fund $18,758 $0 Cash Funds $0 $0 Federal Funds $0 $0 Centrally Appropriated $4,229 $0 Total Expenditures $22,987 $0 Total FTE 0.2 FTE 0.0 FTE Summary of Legislation The bill broadens the use of epinephrine on school property by changing the phrase “epinephrine auto-injector” to “emergency-use epinephrine.” Emergency-use epinephrine is defined as a portable, disposable drug delivery device or product approved by the federal Food and Drug Administration (FDA) that contains a premeasured, single dose of epinephrine that is used to treat anaphylaxis in an emergency situation. Background The new definition of epinephrine is inclusive of the recently FDA-approved nasal epinephrine spray. During the 2023-24 school year, Colorado K-12 schools reported 226 anaphylaxis events that included 179 students and 47 non-students. Of those experiencing anaphylaxis, 66 percent had a known allergy, 27 percent had no known allergy, and the allergy status of 7 percent was unknown. School nurses administered 89 doses of emergency epinephrine at school, and non-school nurses administered 112 doses. Stock epinephrine was used 127 times, and a student’s epinephrine was used 74 times. Of the 226 anaphylaxis events at school, 25 events did not result in school staff administering epinephrine at school. Of the 201 events, 127 events occurred in the classroom, 32 in the cafeteria, 16 on the playground, 17 in the health office, 2 on the bus, and 27 in other locations. State Expenditures The bill increases state expenditures in the Department of Education by $23,000 in FY 2025-26 and in any future fiscal year the FDA approves a new form of epinephrine. These costs, paid from the General Fund, are summarized in Table 2 and discussed below. Page 3 April 8, 2025 SB 25-278 Table 2 State Expenditures Department of Education Cost Component Budget Year FY 2025-26 Out Year FY 2026-27 Personal Services $18,758 $0 Centrally Appropriated Costs $4,229 $0 Total Costs $22,987 $0 Total FTE 0.2 FTE 0.0 FTE Department of Education CDE’s Student Health Services division requires 0.2 FTE Nurse Consultant in FY 2025-26 only to update all rules, guidance documents, trainings, and reporting procedures concerning anaphylaxis treatments on school grounds to allow for the use of nasal epinephrine. This cost may reoccur in any future years when a new form of emergency epinephrine receives FDA approval. Centrally Appropriated Costs Pursuant to a Joint Budget Committee policy, certain costs associated with this bill are addressed through the annual budget process and centrally appropriated in the Long Bill or supplemental appropriations bills, rather than in this bill. These costs, which may include employee insurance, supplemental employee retirement payments, leased space, and indirect cost assessments, are shown in the expenditure table above. School Districts Workload will minimally increase for school districts to update policies concerning epinephrine use on school property and to train staff on new anaphylaxis treatments. Effective Date The bill takes effect upon signature of the Governor, or upon becoming law without his signature. State Appropriations For FY 2025-26, the bill requires a General Fund appropriation of $18,758 to the Department of Education, and 0.2 FTE. Page 4 April 8, 2025 SB 25-278 State and Local Government Contacts Education Judicial Public Health and Environment School Districts The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each fiscal year. For additional information about fiscal notes, please visit the General Assembly website.