Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 22-0947.01 Brita Darling x2241
SENATE BILL 22-173
Senate Committees House Committees
Business, Labor, & Technology
Finance
Appropriations
A BILL FOR AN ACT
C
ONCERNING CRITERIA RELATI NG TO THE OPERATION OF101
TELEPHARMACY OUTLETS , AND, IN CONNECTION THEREWITH ,
102
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
.)
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
SENATE
Amended 2nd Reading
April 26, 2022
SENATE SPONSORSHIP
Rodriguez and Smallwood,
HOUSE SPONSORSHIP
Bird and McKean,
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. limited rules concerning telepharmacy outlets.
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)(II), (50)(a)(III), and (50)(a)(IV); repeal (50)(b); and add (50)(c)3
as follows:4
12-280-103. Definitions - rules. As used in this article 280, unless5
the context otherwise requires or the term is otherwise defined in another6
part of this article 280:7
(50) (a) "Telepharmacy outlet" means a remote pharmacy site that:8
(II) At the time of registration, is located more than twenty miles9
from the nearest prescription drug outlet and from any other telepharmacy10
outlet registered under this article 280 IN AN AREA OF NEED;11
(III) Is connected via computer link, video link, and audio link, or12
via other functionally equivalent telecommunication equipment, with a13
central pharmacy
LOCATED IN THIS STATE that is registered under this14
article 280; and15
(IV) Has a pharmacy technician on site who, under the remote
16
supervision of a licensed pharmacist located at the central pharmacy
IN
17
THIS STATE, performs the tasks described in subsection (38.5)(a) of this18
section.19
(b) The board may adopt rules as necessary to specify additional20
criteria for a telepharmacy outlet that the board deems necessary.21
(c) A
S USED IN SUBSECTION (50)(a)(II) OF THIS SECTION, "AREA OF
22
NEED" MEANS:23
(I) A
NY HEALTH FACILITY LICENSED OR CERTIFIED BY THE
24
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT PURSUANT TO25
173-2- SECTION 25-1.5-103 (1); OR1
(II) A
NY AREA WHERE A DEMONSTRATION OF NEED IS APPROVED
2
BY THE BOARD.3
SECTION 2. In Colorado Revised Statutes, 12-280-107, add (3)4
as follows:5
12-280-107. Rules. (3) T
HE BOARD SHALL
ADOPT RULES AS6
NECESSARY TO SPECIFY ADDITIONAL CRITERIA FOR A TELEPHARMACY7
OUTLET. THE BOARD'S RULES ARE LIMITED TO RULES CONCERNING THE8
FOLLOWING:9
(a) A
PPLICATION REQUIREMENTS;10
(b) S
TRUCTURAL AND EQUIPMENT REQUIREMENTS ;11
(c) S
TAFFING AND TRAINING REQUIREMENTS ;12
(d) C
ONSULTANT PHARMACIST VISITATION REQUIREMENTS ;13
(e) I
NVENTORY RECORD-KEEPING AND STORAGE REQUIREMENTS ;14
(f) E
STABLISHING POLICIES AND PROCEDURES RELATING TO15
TELEPHARMACY OPERATIONS ; AND
16
(g) T
HE NUMBER OF TELEPHARMACY OUTLETS THAT MAY BE17
OPERATED BY A CENTRAL PHARMACY .
18
19
SECTION 3. Appropriation. (1) For the 2022-23 state fiscal20
year, $505,819 is appropriated to the department of regulatory agencies.21
This appropriation is from the division of professions and occupations22
cash fund created in section 12-20-105 (3), C.R.S. To implement this act,23
the department may use this appropriation as follows:24
(a) $383,823 for use by the division of professions and25
occupations for personal services, which amount is based on an26
assumption that the division will require an additional 4.4 FTE;27
173
-3- (b) $43,140 for use by the division of professions and occupations1
for operating expenses; and2
(c) $78,856 for the purchase of legal services.3
(2) For the 2022-23 state fiscal year, $78,856 is appropriated to4
the department of law. This appropriation is from reappropriated funds5
received from the department of regulatory agencies under subsection6
(1)(c) of this section and is based on an assumption that the department7
of law will require an additional 0.4 FTE. To implement this act, the8
department of law may use this appropriation to provide legal services for9
the department of regulatory agencies.10
SECTION 4. Act subject to petition - effective date. This act11
takes effect at 12:01 a.m. on the day following the expiration of the12
ninety-day period after final adjournment of the general assembly; except13
that, if a referendum petition is filed pursuant to section 1 (3) of article V14
of the state constitution against this act or an item, section, or part of this15
act within such period, then the act, item, section, or part will not take16
effect unless approved by the people at the general election to be held in17
November 2022 and, in such case, will take effect on the date of the18
official declaration of the vote thereon by the governor.19
173
-4-