Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 22-0640.01 Brita Darling x2241
SENATE BILL 22-098
Senate Committees House Committees
Health & Human Services Health & Insurance
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING A TASK FORCE TO EXAMINE
THE CREATION OF A101
PROGRAM ALLOWING FOR THE USE OF DONATED UNUSED DRUGS ,102
AND, IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill creates the Colorado drug reuse opportunity program
(program). The program allows members of the public, health-care
providers, pharmacies, health-care facilities, drug manufacturers, and
other entities to donate prescription drugs, excluding controlled
substances, and "over-the-counter" medicine (drugs) to be distributed or
HOUSE
2nd Reading Unamended
May 5, 2022
SENATE
3rd Reading Unamended
April 20, 2022
SENATE
Amended 2nd Reading
April 19, 2022
SENATE SPONSORSHIP
Rodriguez, Buckner, Ginal, Gonzales, Liston, Winter
HOUSE SPONSORSHIP
Roberts and Will,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. redispensed to Colorado residents with a prescription for such a drug or
symptoms treatable with such a drug (eligible patients). Donated drugs
are free to eligible patients, although there may be a fee for processing
and redispensing the drugs.
The bill establishes requirements for:
! Donating unused drugs, receiving and accepting drug
donations, and redispensing and administering unused
drugs to eligible patients;
! Storing, repackaging, and labeling donated drugs;
! Disposing of donated drugs that cannot be redispensed; and
! Record keeping relating to the donation, receipt, and reuse
of the donated drugs.
In redispensing the donated drugs, to the extent possible, the
program gives priority to eligible patients who are not covered by health
insurance or who lack adequate health insurance coverage or whose
income falls below a certain income level.
The state board of pharmacy shall promulgate rules, including
rules for donating and receiving drugs, labeling and repackaging drugs,
and redispensing or administering drugs by persons authorized to
dispense or administer drugs.
With certain exceptions, the bill provides immunity from civil or
criminal liability or professional discipline for a manufacturer, donor, or
receiver of drugs for activities directly attributable to donating, receiving,
redispensing, or administering a drug under the program.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 25-1.5-118 as
2
follows:3
25-1.5-118. Drug repository task force - creation - report -4
definitions - repeal. (1) T
HE DRUG REPOSITORY TASK FORCE IS HEREBY
5
CREATED IN THE DEPARTMENT . THE PURPOSE OF THE TASK FORCE IS TO6
EXAMINE DRUG REPOSITORY PROGRAMS FOR UNUSED PRESCRIPTION DRUGS7
AND OVER-THE-COUNTER MEDICATIONS IN THE COUNTRY TO DETERMINE8
THE BEST MODEL FOR COLORADO TO IMPLEMENT A SAFE , EFFICIENT, AND9
EFFECTIVE DRUG REPOSITORY PROGRAM IN THE STATE .10
(2) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
11
098-2- REQUIRES:1
(a) "M
EDICINE" MEANS PRESCRIPTION DRUGS AND
2
OVER-THE-COUNTER MEDICATIONS.3
(b) "T
ASK FORCE" MEANS THE DRUG REPOSITORY TASK FORCE
4
CREATED IN THIS SECTION.5
(3) T
HE TASK FORCE CONSISTS OF AT LEAST THIRTEEN AND NO
6
MORE THAN FIFTEEN VOTING MEMBERS , AS FOLLOWS:7
(a) S
IX MEMBERS APPOINTED BY THE EXECUTIVE DIRECTOR OF THE
8
DEPARTMENT, AS FOLLOWS:9
(I) O
NE MEMBER REPRESENTING THE DEPARTMENT ;
10
(II) O
NE MEMBER REPRESENTING PATIENTS ;
11
(III) O
NE MEMBER FROM A STATEWIDE ADVOCACY GROUP
12
REPRESENTING CHRONIC HEALTH CONDITIONS ;13
(IV) O
NE MEMBER FROM A STATEWIDE ORGANIZATION OF
14
HOSPITALS;15
(V) O
NE MEMBER FROM A SAFETY NET HOSPITAL ; AND
16
(VI) O
NE MEMBER FROM A STATEWIDE ASSOCIATION OF
17
PLAINTIFF'S ATTORNEYS;18
(b) S
IX MEMBERS APPOINTED BY THE EXECUTIVE DIRECTOR OF THE
19
DEPARTMENT OF REGULATORY AGENCIES , AS FOLLOWS:20
(I) O
NE MEMBER REPRESENTING THE DEPARTMENT OF
21
REGULATORY AGENCIES;22
(II) O
NE MEMBER REPRESENTING A STATEWIDE ASSOCIATION OF
23
PHARMACISTS;24
(III) O
NE MEMBER REPRESENTING A STATEWIDE ASSOCIATION OF
25
COMMUNITY PHARMACIES ;26
(IV) O
NE MEMBER REPRESENTING PHARMACEUTICAL
27
098
-3- MANUFACTURERS;1
(V) O
NE MEMBER REPRESENTING DRUG REPOSITORY PROGRAMS ;
2
AND3
(VI) O
NE MEMBER WHO IS A PHYSICIAN WITH PRESCRIBING
4
AUTHORITY;5
(c) O
NE MEMBER APPOINTED BY THE EXECUTIVE DIRECTOR OF THE
6
DEPARTMENT OF HEALTH CARE POLICY AND FINANCING REPRESENTING THE7
DEPARTMENT OF HEALTH CARE POLICY AND FINANCING ; AND8
(d) U
P TO TWO ADDITIONAL MEMBERS APPOINTED BY THE
9
EXECUTIVE DIRECTOR OF THE DEPARTMENT , AS THE EXECUTIVE DIRECTOR10
DEEMS APPROPRIATE TO CARRY OUT THE TASK FORCE 'S DUTIES.11
(4) T
HE APPOINTING AUTHORITIES SPECIFIED IN SUBSECTION (3) OF
12
THIS SECTION SHALL APPOINT MEMBERS OF THE TASK FORCE NO LATER13
THAN AUGUST 1, 2022. EACH TASK FORCE MEMBER SERVES AT THE14
PLEASURE OF THE APPOINTING AUTHORITY .15
(5) E
ACH TASK FORCE MEMBER SERVES WITHOUT COMPENSATION
16
AND IS NOT ENTITLED TO REIMBURSEMENT FOR ANY EXPENSES17
ASSOCIATED WITH SERVING ON THE TASK FORCE .18
(6) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT , OR THE
19
EXECUTIVE DIRECTOR'S DESIGNEE, SHALL CONVENE THE FIRST MEETING OF20
THE TASK FORCE NO LATER THAN SEPTEMBER 15, 2022. THE TASK FORCE21
SHALL MEET AS NECESSARY TO COMPLETE ITS WORK , AS DETERMINED BY22
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT , OR THE EXECUTIVE23
DIRECTOR'S DESIGNEE.24
(7) T
HE TASK FORCE SHALL CONSIDER , AT A MINIMUM, THE
25
FOLLOWING ISSUES:26
(a) D
RUG REPOSITORIES IN OTHER STATES , INCLUDING ILLINOIS
27
098
-4- AND IOWA, AS POSSIBLE MODELS FOR A COLORADO DRUG REPOSITORY1
PROGRAM;2
(b) T
HE DRUG REPOSITORY MODEL THAT WILL BE THE SAFEST ,
3
MOST EFFICIENT, AND MOST EFFECTIVE FOR COLORADO;4
(c) T
HE MEDICATIONS THAT WILL BE INCLUDED IN THE DRUG
5
REPOSITORY PROGRAM;6
(d) T
HE NECESSARY REQUIREMENTS FOR DONATING , RECEIVING,
7
PACKAGING, AND REDISPENSING MEDICINE;8
(e) A
NY LEGAL OR REGULATORY BARRIERS TO IMPLEMENTING THE
9
DRUG REPOSITORY PROGRAM AND HOW TO ELIMINATE THE BARRIERS ;10
(f) T
HE FEES OR OTHER COSTS ASSOCIATED WITH THE DRUG
11
REPOSITORY PROGRAM;12
(g) W
HETHER AND HOW TO PRIORITIZE PATIENT ACCESS TO THE
13
DRUG REPOSITORY PROGRAM ;14
(h) T
HE NECESSARY CHANGES TO EXISTING STATUTE OR RULES IN
15
ORDER TO IMPLEMENT THE DRUG REPOSITORY PROGRAM ;16
(i) H
OW THE DRUG REPOSITORY PROGRAM WILL INTERACT WITH
17
EXISTING DRUG TAKE-BACK PROGRAMS AND DRUG DEPOSITORY PROGRAMS18
IN COLORADO; AND19
(j) H
OW TO MARKET THE DRUG REPOSITORY PROGRAM TO DONORS ,
20
CONSUMERS, MANUFACTURERS, AND PERSONS REDISPENSING MEDICINE .21
(8) T
HE TASK FORCE MAY SOLICIT INFORMATION FROM AND
22
CONSULT WITH ADDITIONAL STAKEHOLDERS AS NECESSARY TO DESIGN THE23
DRUG REPOSITORY PROGRAM .24
(9) T
HE DEPARTMENT SHALL PROVIDE STAFF SUPPORT TO THE TASK
25
FORCE TO ASSIST THE TASK FORCE IN CARRYING OUT ITS DUTIES .26
(10) N
O LATER THAN DECEMBER 15, 2022, THE TASK FORCE SHALL
27
098
-5- SUBMIT ITS REPORT, INCLUDING ITS FINDINGS AND RECOMMENDATIONS ON1
ISSUES IDENTIFIED IN SUBSECTION (7) OF THIS SECTION, TO THE GOVERNOR2
AND THE PUBLIC AND BEHAVIORAL HEALTH AND HUMAN SERVICES3
COMMITTEE AND THE HEALTH AND INSURANCE COMMITTEE OF THE HOUSE4
OF REPRESENTATIVES AND THE HEALTH AND HUMAN SERVICES COMMITTEE5
OF THE SENATE, OR ANY SUCCESSOR COMMITTEES .6
(11) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2023.
7
SECTION 2. Appropriation. For the 2022-23 state fiscal year,8
$47,423 is appropriated to the department of public health and9
environment for use by the center for health and environmental10
information. This appropriation is from the general fund and is based on11
an assumption that the center will require an additional 0.1 FTE. To12
implement this act, the center may use this appropriation for program13
costs.14
SECTION 3. Safety clause. The general assembly hereby finds,15
determines, and declares that this act is necessary for the immediate16
preservation of the public peace, health, or safety.17
098
-6-