Second Regular Session Seventy-third General Assembly STATE OF COLORADO INTRODUCED LLS NO. 22-0947.01 Brita Darling x2241 SENATE BILL 22-173 Senate Committees House Committees Business, Labor, & Technology A BILL FOR AN ACT C ONCERNING CRITERIA RELATI NG TO THE OPERATION OF101 TELEPHARMACY OUTLETS .102 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 .) Currently, a "telepharmacy outlet" must be located more than 20 miles from the nearest prescription drug outlet or other telepharmacy outlet. The bill removes this geographic restriction on the operation of telepharmacy outlets. The bill authorizes the state board of pharmacy (board) to adopt limited rules concerning telepharmacy outlets. SENATE SPONSORSHIP Rodriguez and Smallwood, HOUSE SPONSORSHIP (None), 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. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 12-280-103, amend2 (50)(a)(III); and repeal (50)(a)(II) and (50)(b) as follows:3 12-280-103. Definitions - rules. As used in this article 280, unless4 the context otherwise requires or the term is otherwise defined in another5 part of this article 280:6 (50) (a) "Telepharmacy outlet" means a remote pharmacy site that:7 (II) At the time of registration, is located more than twenty miles8 from the nearest prescription drug outlet and from any other telepharmacy9 outlet registered under this article 280;10 (III) Is connected via computer link, video link, and audio link, or11 via other functionally equivalent telecommunication equipment, with a12 central pharmacy LOCATED IN THIS STATE that is registered under this13 article 280; and14 (b) The board may adopt rules as necessary to specify additional 15 criteria for a telepharmacy outlet that the board deems necessary.16 SECTION 2. In Colorado Revised Statutes, 12-280-107, add (3)17 as follows:18 12-280-107. Rules. (3) T HE BOARD MAY ADOPT RULES AS19 NECESSARY TO SPECIFY ADDITIONAL CRITERIA FOR A TELEPHARMACY20 OUTLET. IF THE BOARD ADOPTS RULES, THE BOARD'S RULES ARE LIMITED21 TO RULES CONCERNING THE FOLLOWING :22 (a) A PPLICATION REQUIREMENTS;23 (b) S TRUCTURAL AND EQUIPMENT REQUIREMENTS ;24 (c) S TAFFING AND TRAINING REQUIREMENTS ;25 (d) C ONSULTANT PHARMACIST VISITATION REQUIREMENTS ;26 SB22-173-2- (e) INVENTORY RECORD-KEEPING AND STORAGE REQUIREMENTS ;1 (f) E STABLISHING POLICIES AND PROCEDURES RELATING TO2 TELEPHARMACY OPERATIONS ;3 (g) T HE NUMBER OF TELEPHARMACY OUTLETS THAT MAY BE4 OPERATED BY A CENTRAL PHARMACY ;5 (h) P RESCRIPTION VOLUME; AND6 (i) C RITERIA FOR REQUESTING EXEMPTIONS OR WAIVERS FROM THE7 REQUIREMENTS SET FORTH IN RULES ADOPTED PURSUANT TO THIS8 SUBSECTION (3).9 SECTION 3. Act subject to petition - effective date. This act10 takes effect at 12:01 a.m. on the day following the expiration of the11 ninety-day period after final adjournment of the general assembly; except12 that, if a referendum petition is filed pursuant to section 1 (3) of article V13 of the state constitution against this act or an item, section, or part of this14 act within such period, then the act, item, section, or part will not take15 effect unless approved by the people at the general election to be held in16 November 2022 and, in such case, will take effect on the date of the17 official declaration of the vote thereon by the governor.18 SB22-173 -3-