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. 22-0947.01 Brita Darling x2241
SENATE BILL 22-173
Senate Committees House Committees
Business, Labor, & Technology Public & Behavioral Health & Human Services
Finance Finance
Appropriations Appropriations
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.
HOUSE
Amended 2nd Reading
May 10, 2022
SENATE
3rd Reading Unamended
April 27, 2022
SENATE
Amended 2nd Reading
April 26, 2022
SENATE SPONSORSHIP
Rodriguez and Smallwood, Buckner, Coram, Ginal, Gonzales, Pettersen, Priola, Rankin,
Simpson, Winter, Woodward
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. Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 12-280-103, amend2
(32)(a)(II), (32)(b)(II), (36), (43), and (50); and repeal (32)(c) 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
(32) "Other outlet" means:7
(a) A hospital that does not operate a registered pharmacy, a rural8
health clinic, a federally qualified health center, as defined in the federal9
"Social Security Act", 42 U.S.C. sec. 1395x (aa)(4), a family planning10
clinic, an acute treatment unit licensed by the department of public health11
and environment, a school, a jail, a county or district public health12
agency, a community health clinic, a community mental health clinic, a13
behavioral health entity, an approved treatment facility, a university, or14
a college that:15
(II) Engages in the compounding, dispensing, and delivery of16
drugs or devices; OR17
(b) An ambulatory surgical center, a hospice, or a convalescent18
center, each of which is licensed pursuant to part 1 of article 3 of title 25,19
or a medical clinic operated by a hospital, each of which:20
(II) Engages in the compounding, dispensing, and delivery of21
drugs or devices for administration to patients while being treated in the22
facility. or23
(c) A telepharmacy outlet.24
(36) "Pharmacist manager" means an individual, licensed in this25
state as a pharmacist, who has direct control of the pharmaceutical affairs26
173-2- of a prescription drug outlet and who, EXCEPT AS PROVIDED IN SECTION1
12-280-118 (1)(a), is not the manager of any other prescription drug2
outlet.3
(43) "Prescription drug outlet" or "pharmacy" means any4
pharmacy outlet registered pursuant to this article 280 where prescriptions5
are compounded and dispensed. "Prescription drug outlet" includes,6
without limitation, a specialized prescription drug outlet registered7
pursuant to section 12-280-119 (11) AND A TELEPHARMACY OUTLET .8
(50) (a) "Telepharmacy outlet" means a remote pharmacy site that:9
(I) Is registered as an other A PRESCRIPTION DRUG outlet OR10
PHARMACY under this article 280;11
(II) At the time of registration, is located more than twenty miles12
from the nearest prescription drug outlet and from any other telepharmacy13
outlet registered under this article 280 IN AN AREA OF NEED;14
(III) Is connected via computer link, video link, and audio link, or15
via other functionally equivalent telecommunication equipment, with a16
central pharmacy
LOCATED IN THIS STATE that is registered under this17
article 280; and18
(IV) Has a pharmacy technician on site who, under the remote
19
supervision of a licensed pharmacist located at the central pharmacy
IN
20
THIS STATE, performs the tasks described in subsection (38.5)(a) of this21
section.22
(b) The board may adopt rules as necessary to specify additional23
criteria for a telepharmacy outlet that the board deems necessary.24
(c) AS USED IN THIS SUBSECTION (50):25
(I) "AREA OF NEED" MEANS:26
(A) ANY HEALTH FACILITY LICENSED OR CERTIFIED BY THE27
173
-3- DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT PURSUANT TO1
SECTION 25-1.5-103 (1); OR2
(B) ANY AREA WHERE A DEMONSTRATION OF NEED IS APPROVED3
BY THE BOARD.4
(II) "CENTRAL PHARMACY" MEANS A REGISTERED PHARMACY5
OUTLET RESPONSIBLE FOR OVERSEEING THE OPERATION OF A6
TELEPHARMACY OUTLET . 7
8
9
SECTION 2. In Colorado Revised Statutes, 12-280-107, add (3)10
as follows:11
12-280-107. Rules. (3) THE BOARD MAY ADOPT RULES TO SPECIFY12
ADDITIONAL CRITERIA NECESSARY TO FACILITATE THE OPERATION OF13
TELEPHARMACY OUTLETS. THE BOARD'S ADDITIONAL RULES FOR A14
TELEPHARMACY OUTLET ARE LIMITED TO RULES CONCERNING THE15
FOLLOWING:16
(a) APPLICATION REQUIREMENTS;17
(b) STRUCTURAL AND EQUIPMENT REQUIREMENTS ;18
(c) STAFFING AND TRAINING REQUIREMENTS ;19
(d) PHARMACIST MANAGER VISITATION REQUIREMENTS ;20
(e) INVENTORY RECORD-KEEPING AND STORAGE REQUIREMENTS;21
(f) ESTABLISHING POLICIES AND PROCEDURES RELATING TO22
TELEPHARMACY OPERATIONS ; AND23
(g) THE NUMBER OF TELEPHARMACY OUTLETS THAT MAY BE24
OPERATED BY A CENTRAL PHARMACY .25
SECTION 3. In Colorado Revised Statutes, 12-280-118, amend26
(1)(a) and add (3)(c) as follows:27
173
-4- 12-280-118. Prescription drug outlet under charge of1
pharmacist - rules. (1) (a) A prescription drug outlet must be under the2
direct charge of a pharmacist manager. A proprietor who is not a3
pharmacist shall comply with this requirement and shall provide a4
manager who is a pharmacist. NOTHING IN THIS ARTICLE 280 OR RULES5
IMPLEMENTING THIS ARTICLE 280 SHALL PROHIBIT THE PHARMACIST6
MANAGER OF A CENTRAL PHARMACY FROM SIMULTANEOUSLY SERVING AS7
THE PHARMACIST MANAGER OF A TELEPHARMACY OUTLET .8
(3) (c) A TELEPHARMACY OUTLET IS REQUIRED TO HAVE A9
PHARMACIST MANAGER. A TELEPHARMACY OUTLET IS CONSIDERED TO BE10
UNDER THE DIRECT CHARGE OR CONTROL OF THE PHARMACIST MANAGER,11
OR THE LICENSED PHARMACIST DELEGATE , WHO PROVIDES REMOTE12
SUPERVISION TO THE TELEPHARMACY OUTLET .13
SECTION 4. In Colorado Revised Statutes, 12-280-402, amend14
(3) as follows:15
12-280-402. Definitions. As used in this part 4, unless the context16
otherwise requires:17
(3) "Prescription drug outlet" or "pharmacy" means:18
(a) Any resident or nonresident pharmacy outlet registered or19
licensed pursuant to this article 280 where prescriptions are compounded20
and dispensed; and21
(b) Any federally owned and operated pharmacy registered with22
the federal drug enforcement administration; AND23
(c) A TELEPHARMACY OUTLET.24
25
SECTION 5. Act subject to petition - effective date. This act26
takes effect at 12:01 a.m. on the day following the expiration of the27
173
-5- ninety-day period after final adjournment of the general assembly; except1
that, if a referendum petition is filed pursuant to section 1 (3) of article V2
of the state constitution against this act or an item, section, or part of this3
act within such period, then the act, item, section, or part will not take4
effect unless approved by the people at the general election to be held in5
November 2022 and, in such case, will take effect on the date of the6
official declaration of the vote thereon by the governor.7
173
-6-