SENATE BILL 22-098
BY SENATOR(S) Rodriguez, Buckner, Ginal, Gonzales, Liston, Winter;
also REPRESENTATIVE(S) Roberts and Will, Bacon, Bernett, Bird,
Bockenfeld, Boesenecker, Cutter, Gonzales-Gutierrez, Herod, Jodeh, Kipp,
Lindsay, Lontine, Mullica, Ricks, Valdez A., Valdez D., Woodrow.
C
ONCERNING A TASK FORCE TO EXAMINE THE CREATION OF A PROGRAM
ALLOWING FOR THE USE OF DONATED UNUSED DRUGS
, AND, IN
CONNECTION THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 25-1.5-119 as
follows:
25-1.5-119. Drug repository task force - creation - report -
definitions - repeal. (1) T
HE DRUG REPOSITORY TASK FORCE IS HEREBY
CREATED IN THE DEPARTMENT
. THE PURPOSE OF THE TASK FORCE IS TO
EXAMINE DRUG REPOSITORY PROGRAM S FOR UNUSED PRESCRIPTION DRUGS
AND OVER
-THE-COUNTER MEDICATIONS IN THE COUNTRY TO DETERMINE THE
BEST MODEL FOR
COLORADO TO IMPLEMENT A SAFE , EFFICIENT, AND
EFFECTIVE DRUG REPOSITORY PROGRAM IN THE STATE
.
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (2) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "M
EDICINE" MEANS PRESCRIPTION DRUGS AND
OVER
-THE-COUNTER MEDICATIONS.
(b) "T
ASK FORCE" MEANS THE DRUG REPOSITORY TASK FORCE
CREATED IN THIS SECTION
.
(3) T
HE TASK FORCE CONSISTS OF AT LEAST THIRTEEN AND NO MORE
THAN FIFTEEN VOTING MEMBERS
, AS FOLLOWS:
(a) S
IX MEMBERS APPOINTED BY THE EXECUTIVE DIRECTOR OF THE
DEPARTMENT
, AS FOLLOWS:
(I) O
NE MEMBER REPRESENTING THE DEPARTMENT ;
(II) O
NE MEMBER REPRESENTING PATIENTS ;
(III) O
NE MEMBER FROM A STATEWIDE ADVOCACY GROUP
REPRESENTING CHRONIC HEALTH CONDITIONS
;
(IV) O
NE MEMBER FROM A STATEWIDE ORGANIZATION OF
HOSPITALS
;
(V) O
NE MEMBER FROM A SAFETY NET HOSPITAL ; AND
(VI) ONE MEMBER FROM A STATEWIDE ASSOCIATION OF PLAINTIFF 'S
ATTORNEYS
;
(b) S
IX MEMBERS APPOINTED BY THE EXECUTIVE DIRECTOR OF THE
DEPARTMENT OF REGULATORY AGENCIES
, AS FOLLOWS:
(I) O
NE MEMBER REPRESENTING THE DEPARTMENT OF REGULATORY
AGENCIES
;
(II) O
NE MEMBER REPRESENTING A STATEWIDE ASSOCIATION OF
PHARMACISTS
;
(III) O
NE MEMBER REPRESENTING A STATEWIDE ASSOCIATION OF
PAGE 2-SENATE BILL 22-098 COMMUNITY PHARMACIES ;
(IV) O
NE MEMBER REPRESENTING PHARMACEUTICAL
MANUFACTURERS
;
(V) O
NE MEMBER REPRESENTING DRUG REPOSITORY PROGRAMS ; AND
(VI) ONE MEMBER WHO IS A PHYSICIAN WITH PRESCRIBING
AUTHORITY
;
(c) O
NE MEMBER APPOINTED BY THE EXECUTIVE DIRECTOR OF THE
DEPARTMENT OF HEALTH CARE POLICY AND FINANCING REPRESENTING THE
DEPARTMENT OF HEALTH CARE POLICY AND FINANCING
; AND
(d) UP TO TWO ADDITIONAL MEMBERS APPOINTED BY THE EXECUTIVE
DIRECTOR OF THE DEPARTMENT
, AS THE EXECUTIVE DIRECTOR DEEMS
APPROPRIATE TO CARRY OUT THE TASK FORCE
'S DUTIES.
(4) T
HE APPOINTING AUTHORITIES SPECIFIED IN SUBSECTION (3) OF
THIS SECTION SHALL APPOINT MEMBERS OF THE TASK FORCE NO LATER THAN
AUGUST 1, 2022. EACH TASK FORCE MEMBER SERVES AT THE PLEASURE OF
THE APPOINTING AUTHORITY
.
(5) E
ACH TASK FORCE MEMBER SERVES WITHOUT COMPENSATION
AND IS NOT ENTITLED TO REIMBURSEMENT FOR ANY EXPENSES ASSOCIATED
WITH SERVING ON THE TASK FORCE
.
(6) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT , OR THE
EXECUTIVE DIRECTOR
'S DESIGNEE, SHALL CONVENE THE FIRST MEETING OF
THE TASK FORCE NO LATER THAN
SEPTEMBER 15, 2022. THE TASK FORCE
SHALL MEET AS NECESSARY TO COMPL ETE ITS WORK
, AS DETERMINED BY THE
EXECUTIVE DIRECTOR OF THE DEPARTMENT
, OR THE EXECUTIVE DIRECTOR'S
DESIGNEE
.
(7) T
HE TASK FORCE SHALL CONSIDER , AT A MINIMUM, THE
FOLLOWING ISSUES
:
(a) D
RUG REPOSITORIES IN OTHER STATES, INCLUDING ILLINOIS AND
IOWA, AS POSSIBLE MODELS FOR A COLORADO DRUG REPOSITORY PROGRAM ;
PAGE 3-SENATE BILL 22-098 (b) THE DRUG REPOSITORY MODEL THAT WILL BE THE SAFEST , MOST
EFFICIENT
, AND MOST EFFECTIVE FOR COLORADO;
(c) T
HE MEDICATIONS THAT WILL BE INCLUDED IN THE DRUG
REPOSITORY PROGRAM
;
(d) T
HE NECESSARY REQUIREMENTS FOR DONATING , RECEIVING,
PACKAGING, AND REDISPENSING MEDICINE;
(e) A
NY LEGAL OR REGULATORY BARRIERS TO IMPLEMENTING THE
DRUG REPOSITORY PROGRAM AND HOW TO ELIMINATE THE BARRIERS
;
(f) T
HE FEES OR OTHER COSTS ASSOCIATED WITH THE DRUG
REPOSITORY PROGRAM
;
(g) W
HETHER AND HOW TO PRIORITIZE PATIENT ACCESS TO THE DRUG
REPOSITORY PROGRAM
;
(h) T
HE NECESSARY CHANGES TO EXISTING STATUTE OR RULES IN
ORDER TO IMPLEMENT THE DRUG REPOSITORY PROGRAM
;
(i) H
OW THE DRUG REPOSITORY PROGRAM WILL INTERACT WITH
EXISTING DRUG TAKE
-BACK PROGRAMS AND DRUG DEPOSITORY PROGRAMS
IN
COLORADO; AND
(j) HOW TO MARKET THE DRUG REPOSITORY PROGRAM TO DONORS ,
CONSUMERS, MANUFACTURERS, AND PERSONS REDISPENSING MEDICINE .
(8) T
HE TASK FORCE MAY SOLICIT INFORMATION FROM AND CONSULT
WITH ADDITIONAL STAKEHOLDERS AS NECESSARY TO DESIGN THE DRUG
REPOSITORY PROGRAM
.
(9) T
HE DEPARTMENT SHALL PROVIDE STAFF SUPPORT TO THE TASK
FORCE TO ASSIST THE TASK FORCE IN CARRYING OUT ITS DUTIES
.
(10) N
O LATER THAN DECEMBER 15, 2022, THE TASK FORCE SHALL
SUBMIT ITS REPORT
, INCLUDING ITS FINDINGS AND RECOMMENDATIONS ON
ISSUES IDENTIFIED IN SUBSECTION
(7) OF THIS SECTION, TO THE GOVERNOR
AND THE PUBLIC AND BEHAVIORAL HEALTH AND HUMAN SERVICES
COMMITTEE AND THE HEALTH AND INSURANCE COMMITTEE OF THE HOUSE OF
PAGE 4-SENATE BILL 22-098 REPRESENTATIVES AND THE HEALTH AND HUMAN SERVICES COMMITTEE OF
THE SENATE
, OR ANY SUCCESSOR COMMITTEES .
(11) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2023.
SECTION 2. Appropriation. For the 2022-23 state fiscal year,
$47,423 is appropriated to the department of public health and environment
for use by the center for health and environmental information. This
appropriation is from the general fund and is based on an assumption that
the center will require an additional 0.1 FTE. To implement this act, the
center may use this appropriation for program costs.
PAGE 5-SENATE BILL 22-098 SECTION 3. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Alec Garnett
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 6-SENATE BILL 22-098