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February 18, 2022 SB 22-098
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 22-0640
Sen. Rodriguez
Date:
Bill Status:
Fiscal Analyst:
February 18, 2022
Senate HHS
Annie Scott | 303-866-5851
Annie.Scott@state.co.us
Bill Topic: PROGRAM ALLOWING REDISPENSING OF UNUSED DRUGS
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☐ Local Government
☐ Statutory Public Entity
The bill creates the Drug Reuse Opportunity Program to provide unused, donated
drugs to eligible patients at no cost. Beginning in FY 2022-23, this bill will increase
state workload on an ongoing basis.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Summary of Legislation
Effective January 1, 2023, the bill creates the Drug Reuse Opportunity Program to provide unused,
donated prescription and over-the-counter drugs to eligible patients at no cost, with priority given to
certain patients. Controlled substances and methamphetamine precursors are excluded from the
program. The State Board of Pharmacy is required to adopt rules for the program and the bill provides
for limited immunity from civil and criminal liability for drug manufacturers, donors and receivers.
The bill outlines requirements for the donation and receipt of drugs.
Eligibility. A Colorado resident with a prescription for a drug, or who reports symptoms that may
be treated by an over-the-counter medication is eligible to receive donated drugs. The bill requires
that priority be given to an eligible patient who is not covered by, or lacks adequate, health insurance,
or has an income that is at or below 200 percent of the federal poverty line.
Donors and receivers. Drugs may be donated by a variety of sources including individuals,
manufacturers, health care providers, pharmacies, health care facilities or correctional facilities. Drugs
may be received by a person with a license, registration, or permit to legally possess medicine. The
receiver is authorized to redispense or administer a drug to an eligible patient according to the
program requirements, and requires that redispensed drugs be provided to priority patients, where
possible. Donated drugs may not be sold, but the receiver may charge a handling fee for processing
and dispensing the drug, not to exceed the cost to the receiver of providing the drug. Page 2
February 18, 2022 SB 22-098
State Expenditures
Beginning in FY 2022-23, the bill will increase workload for the State Board of Pharmacy in the
Department of Regulatory Agencies to promulgate rules for the program and conduct outreach and
education. The fiscal note assumes that this increase in workload can be accomplished within existing
appropriations.
Effective Date
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming no
referendum petition is filed.
State and Local Government Contacts
Corrections Information Technology Judicial
Law Public Health and Environment Regulatory Agencies
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: leg.colorado.gov/fiscalnotes.