Colorado 2022 Regular Session

Colorado Senate Bill SB173 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REVISED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the Second House
	7	+	LLS NO. 22-0947.01 Brita Darling x2241
1	8		SENATE BILL 22-173
2		-	BY SENATOR(S) Rodriguez and Smallwood, Buckner, Coram, Ginal,
3		-	Gonzales, Pettersen, Priola, Rankin, Simpson, Winter, Woodward;
4		-	also REPRESENTATIVE(S) Bird and McKean, Bernett, Bockenfeld,
5		-	Hooton, Lindsay.
	9	+	Senate Committees House Committees
	10	+	Business, Labor, & Technology Public & Behavioral Health & Human Services
	11	+	Finance Finance
	12	+	Appropriations Appropriations
	13	+	A BILL FOR AN ACT
6	14		C
7		-	ONCERNING CRITERIA RELATING TO THE OPERATION OF TELEPHARMACY
8		-	OUTLETS
9		-	.
10		-
11		-	Be it enacted by the General Assembly of the State of Colorado:
12		-	SECTION 1. In Colorado Revised Statutes, 12-280-103, amend
13		-	(32)(a)(II), (32)(b)(II), (36), (43), and (50); and repeal (32)(c) as follows:
14		-	12-280-103. Definitions - rules. As used in this article 280, unless
15		-	the context otherwise requires or the term is otherwise defined in another
16		-	part of this article 280:
17		-	(32) "Other outlet" means:
18		-	(a) A hospital that does not operate a registered pharmacy, a rural
19		-	health clinic, a federally qualified health center, as defined in the federal
20		-	"Social Security Act", 42 U.S.C. sec. 1395x (aa)(4), a family planning
21		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
22		-	officers and the Governor. To determine whether the Governor has signed the bill
23		-	or taken other action on it, please consult the legislative status sheet, the legislative
24		-	history, or the Session Laws.
25		-	________
26		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27		-	through words or numbers indicate deletions from existing law and such material is not part of
28		-	the act. clinic, an acute treatment unit licensed by the department of public health
29		-	and environment, a school, a jail, a county or district public health agency,
30		-	a community health clinic, a community mental health clinic, a behavioral
31		-	health entity, an approved treatment facility, a university, or a college that:
32		-	(II) Engages in the compounding, dispensing, and delivery of drugs
33		-	or devices;
34		-	OR
35		-	(b) An ambulatory surgical center, a hospice, or a convalescent
36		-	center, each of which is licensed pursuant to part 1 of article 3 of title 25,
37		-	or a medical clinic operated by a hospital, each of which:
38		-	(II) Engages in the compounding, dispensing, and delivery of drugs
39		-	or devices for administration to patients while being treated in the facility.
40		-	or
41		-	(c) A telepharmacy outlet.
42		-	(36) "Pharmacist manager" means an individual, licensed in this
43		-	state as a pharmacist, who has direct control of the pharmaceutical affairs
44		-	of a prescription drug outlet and who,
45		-	EXCEPT AS PROVIDED IN SECTION
46		-	12-280-118 (1)(a), is not the manager of any other prescription drug outlet.
47		-	(43) "Prescription drug outlet" or "pharmacy" means any pharmacy
48		-	outlet registered pursuant to this article 280 where prescriptions are
49		-	compounded and dispensed. "Prescription drug outlet" includes, without
50		-	limitation, a specialized prescription drug outlet registered pursuant to
51		-	section 12-280-119 (11)
52		-	AND A TELEPHARMACY OUTLET .
53		-	(50) (a) "Telepharmacy outlet" means a remote pharmacy site that:
54		-	(I) Is registered as an other
55		-	A PRESCRIPTION DRUG outlet OR
56		-	PHARMACY
57		-	under this article 280;
58		-	(II) At the time of registration, is located more than twenty milesfrom the nearest prescription drug outlet and from any other telepharmacy
59		-	outlet registered under this article 280 IN AN AREA OF NEED;
60		-	(III) Is connected via computer link, video link, and audio link, or
61		-	via other functionally equivalent telecommunication equipment, with a
62		-	PAGE 2-SENATE BILL 22-173 central pharmacy LOCATED IN THIS STATE that is registered under this article
63		-	280; and
	15	+	ONCERNING CRITERIA RELATI NG TO THE OPERATION OF101
	16	+	TELEPHARMACY OUTLETS .102
	17	+	Bill Summary
	18	+	(Note: This summary applies to this bill as introduced and does
	19	+	not reflect any amendments that may be subsequently adopted. If this bill
	20	+	passes third reading in the house of introduction, a bill summary that
	21	+	applies to the reengrossed version of this bill will be available at
	22	+	http://leg.colorado.gov
	23	+	.)
	24	+	Currently, a "telepharmacy outlet" must be located more than 20
	25	+	miles from the nearest prescription drug outlet or other telepharmacy
	26	+	outlet. The bill removes this geographic restriction on the operation of
	27	+	telepharmacy outlets.
	28	+	The bill authorizes the state board of pharmacy (board) to adopt
	29	+	limited rules concerning telepharmacy outlets.
	30	+	HOUSE
	31	+	Amended 2nd Reading
	32	+	May 10, 2022
	33	+	SENATE
	34	+	3rd Reading Unamended
	35	+	April 27, 2022
	36	+	SENATE
	37	+	Amended 2nd Reading
	38	+	April 26, 2022
	39	+	SENATE SPONSORSHIP
	40	+	Rodriguez and Smallwood, Buckner, Coram, Ginal, Gonzales, Pettersen, Priola, Rankin,
	41	+	Simpson, Winter, Woodward
	42	+	HOUSE SPONSORSHIP
	43	+	Bird and McKean,
	44	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	45	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	46	+	Dashes through the words indicate deletions from existing statute. Be it enacted by the General Assembly of the State of Colorado:1
	47	+	SECTION 1. In Colorado Revised Statutes, 12-280-103, amend2
	48	+	(32)(a)(II), (32)(b)(II), (36), (43), and (50); and repeal (32)(c) as follows:3
	49	+	12-280-103. Definitions - rules. As used in this article 280, unless4
	50	+	the context otherwise requires or the term is otherwise defined in another5
	51	+	part of this article 280:6
	52	+	(32) "Other outlet" means:7
	53	+	(a) A hospital that does not operate a registered pharmacy, a rural8
	54	+	health clinic, a federally qualified health center, as defined in the federal9
	55	+	"Social Security Act", 42 U.S.C. sec. 1395x (aa)(4), a family planning10
	56	+	clinic, an acute treatment unit licensed by the department of public health11
	57	+	and environment, a school, a jail, a county or district public health12
	58	+	agency, a community health clinic, a community mental health clinic, a13
	59	+	behavioral health entity, an approved treatment facility, a university, or14
	60	+	a college that:15
	61	+	(II) Engages in the compounding, dispensing, and delivery of16
	62	+	drugs or devices; OR17
	63	+	(b) An ambulatory surgical center, a hospice, or a convalescent18
	64	+	center, each of which is licensed pursuant to part 1 of article 3 of title 25,19
	65	+	or a medical clinic operated by a hospital, each of which:20
	66	+	(II) Engages in the compounding, dispensing, and delivery of21
	67	+	drugs or devices for administration to patients while being treated in the22
	68	+	facility. or23
	69	+	(c) A telepharmacy outlet.24
	70	+	(36) "Pharmacist manager" means an individual, licensed in this25
	71	+	state as a pharmacist, who has direct control of the pharmaceutical affairs26
	72	+	173-2- of a prescription drug outlet and who, EXCEPT AS PROVIDED IN SECTION1
	73	+	12-280-118 (1)(a), is not the manager of any other prescription drug2
	74	+	outlet.3
	75	+	(43) "Prescription drug outlet" or "pharmacy" means any4
	76	+	pharmacy outlet registered pursuant to this article 280 where prescriptions5
	77	+	are compounded and dispensed. "Prescription drug outlet" includes,6
	78	+	without limitation, a specialized prescription drug outlet registered7
	79	+	pursuant to section 12-280-119 (11) AND A TELEPHARMACY OUTLET .8
	80	+	(50) (a) "Telepharmacy outlet" means a remote pharmacy site that:9
	81	+	(I) Is registered as an other A PRESCRIPTION DRUG outlet OR10
	82	+	PHARMACY under this article 280;11
	83	+	(II) At the time of registration, is located more than twenty miles12
	84	+	from the nearest prescription drug outlet and from any other telepharmacy13
	85	+	outlet registered under this article 280 IN AN AREA OF NEED;14
	86	+	(III) Is connected via computer link, video link, and audio link, or15
	87	+	via other functionally equivalent telecommunication equipment, with a16
	88	+	central pharmacy
	89	+	LOCATED IN THIS STATE that is registered under this17
	90	+	article 280; and18
64	91		(IV) Has a pharmacy technician on site who, under the remote
	92	+	19
65	93		supervision of a licensed pharmacist located at the central pharmacy
66		-	IN THIS
67		-	STATE
68		-	, performs the tasks described in subsection (38.5)(a) of this section.
69		-	(b) The board may adopt rules as necessary to specify additional
70		-	criteria for a telepharmacy outlet that the board deems necessary.
71		-	(c) AS USED IN THIS SUBSECTION (50):
72		-	(I) "A
73		-	REA OF NEED" MEANS:
74		-	(A) A
75		-	NY HEALTH FACILITY LICENSED OR CERTIFIED BY THE
76		-	DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT PURSUANT TO SECTION
77		-	25-1.5-103 (1); OR
78		-	(B) ANY AREA WHERE A DEMONSTRATION OF NEED IS APPROVED BY
79		-	THE BOARD
80		-	.
81		-	(II) "C
82		-	ENTRAL PHARMACY " MEANS A REGISTERED PHARMACY
83		-	OUTLET RESPONSIBLE FOR OVERSEEING THE OPERATION OF A
84		-	TELEPHARMACY OUTLET
85		-	.
86		-	SECTION 2. In Colorado Revised Statutes, 12-280-107, add (3) as
87		-	follows:
88		-	12-280-107. Rules. (3) T
89		-	HE BOARD MAY ADOPT RULES TO SPECIFY
90		-	ADDITIONAL CRITERIA NECESSARY TO FACILITATE THE OPERATION OF
91		-	TELEPHARMACY OUTLETS
92		-	. THE BOARD'S ADDITIONAL RULES FOR A
93		-	TELEPHARMACY OUTLET ARE LIMITED TO RULES CONCERNING THE
94		-	FOLLOWING
95		-	:
96		-	(a) A
97		-	PPLICATION REQUIREMENTS;
98		-	(b) S
99		-	TRUCTURAL AND EQUIPMENT REQUIREMENTS ;
100		-	(c) S
101		-	TAFFING AND TRAINING REQUIREMENTS ;
102		-	PAGE 3-SENATE BILL 22-173 (d) PHARMACIST MANAGER VISITATION REQUIREMENTS ;
103		-	(e) I
104		-	NVENTORY RECORD-KEEPING AND STORAGE REQUIREMENTS ;
105		-	(f) E
106		-	STABLISHING POLICIES AND PROCEDURES RELATING TO
107		-	TELEPHARMACY OPERATIONS
108		-	; AND
109		-	(g) THE NUMBER OF TELEPHARMACY OUTLETS THAT MAY BE
110		-	OPERATED BY A CENTRAL PHARMACY
111		-	.
112		-	SECTION 3. In Colorado Revised Statutes, 12-280-118, amend
113		-	(1)(a) and add (3)(c) as follows:
114		-	12-280-118. Prescription drug outlet under charge of pharmacist
115		-	- rules. (1) (a) A prescription drug outlet must be under the direct charge
116		-	of a pharmacist manager. A proprietor who is not a pharmacist shall comply
117		-	with this requirement and shall provide a manager who is a pharmacist.
118		-	N
119		-	OTHING IN THIS ARTICLE 280 OR RULES IMPLEMENTING THIS ARTICLE 280
120		-	SHALL PROHIBIT THE PHARMACIST MANAGER OF A CENTRAL PHARMACY
121		-	FROM SIMULTANEOUSLY SERVING AS THE PHARMACIST MANAGER OF A
122		-	TELEPHARMACY OUTLET
123		-	.
124		-	(3) (c) A
125		-	TELEPHARMACY OUTLET IS REQUIRED TO HAVE A
126		-	PHARMACIST MANAGER
127		-	. A TELEPHARMACY OUTLET IS CONSIDERED TO BE
128		-	UNDER THE DIRECT CHARGE OR CONTROL OF THE PHARMACIST MANAGER
129		-	, OR
130		-	THE LICENSED PHARMACIST DELEGATE
131		-	, WHO PROVIDES REMOTE SUPERVISION
132		-	TO THE TELEPHARMACY OUTLET
133		-	.
134		-	SECTION 4. In Colorado Revised Statutes, 12-280-402, amend (3)
135		-	as follows:
136		-	12-280-402. Definitions. As used in this part 4, unless the context
137		-	otherwise requires:
138		-	(3) "Prescription drug outlet" or "pharmacy" means:
139		-	(a) Any resident or nonresident pharmacy outlet registered or
140		-	licensed pursuant to this article 280 where prescriptions are compounded
141		-	and dispensed; and
142		-	PAGE 4-SENATE BILL 22-173 (b) Any federally owned and operated pharmacy registered with the
143		-	federal drug enforcement administration;
144		-	AND
145		-	(c) A TELEPHARMACY OUTLET.
146		-	SECTION 5. Act subject to petition - effective date. This act
147		-	takes effect at 12:01 a.m. on the day following the expiration of the
148		-	ninety-day period after final adjournment of the general assembly; except
149		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
150		-	of the state constitution against this act or an item, section, or part of this act
151		-	within such period, then the act, item, section, or part will not take effect
152		-	unless approved by the people at the general election to be held in
153		-	PAGE 5-SENATE BILL 22-173 November 2022 and, in such case, will take effect on the date of the official
154		-	declaration of the vote thereon by the governor.
155		-	____________________________ ____________________________
156		-	Steve Fenberg Alec Garnett
157		-	PRESIDENT OF SPEAKER OF THE HOUSE
158		-	THE SENATE OF REPRESENTATIVES
159		-	____________________________ ____________________________
160		-	Cindi L. Markwell Robin Jones
161		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
162		-	THE SENATE OF REPRESENTATIVES
163		-	APPROVED________________________________________
164		-	(Date and Time)
165		-	_________________________________________
166		-	Jared S. Polis
167		-	GOVERNOR OF THE STATE OF COLORADO
168		-	PAGE 6-SENATE BILL 22-173
	94	+	IN
	95	+	20
	96	+	THIS STATE, performs the tasks described in subsection (38.5)(a) of this21
	97	+	section.22
	98	+	(b) The board may adopt rules as necessary to specify additional23
	99	+	criteria for a telepharmacy outlet that the board deems necessary.24
	100	+	(c) AS USED IN THIS SUBSECTION (50):25
	101	+	(I) "AREA OF NEED" MEANS:26
	102	+	(A) ANY HEALTH FACILITY LICENSED OR CERTIFIED BY THE27
	103	+	173
	104	+	-3- DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT PURSUANT TO1
	105	+	SECTION 25-1.5-103 (1); OR2
	106	+	(B) ANY AREA WHERE A DEMONSTRATION OF NEED IS APPROVED3
	107	+	BY THE BOARD.4
	108	+	(II) "CENTRAL PHARMACY" MEANS A REGISTERED PHARMACY5
	109	+	OUTLET RESPONSIBLE FOR OVERSEEING THE OPERATION OF A6
	110	+	TELEPHARMACY OUTLET . 7
	111	+	8
	112	+	9
	113	+	SECTION 2. In Colorado Revised Statutes, 12-280-107, add (3)10
	114	+	as follows:11
	115	+	12-280-107. Rules. (3) THE BOARD MAY ADOPT RULES TO SPECIFY12
	116	+	ADDITIONAL CRITERIA NECESSARY TO FACILITATE THE OPERATION OF13
	117	+	TELEPHARMACY OUTLETS. THE BOARD'S ADDITIONAL RULES FOR A14
	118	+	TELEPHARMACY OUTLET ARE LIMITED TO RULES CONCERNING THE15
	119	+	FOLLOWING:16
	120	+	(a) APPLICATION REQUIREMENTS;17
	121	+	(b) STRUCTURAL AND EQUIPMENT REQUIREMENTS ;18
	122	+	(c) STAFFING AND TRAINING REQUIREMENTS ;19
	123	+	(d) PHARMACIST MANAGER VISITATION REQUIREMENTS ;20
	124	+	(e) INVENTORY RECORD-KEEPING AND STORAGE REQUIREMENTS;21
	125	+	(f) ESTABLISHING POLICIES AND PROCEDURES RELATING TO22
	126	+	TELEPHARMACY OPERATIONS ; AND23
	127	+	(g) THE NUMBER OF TELEPHARMACY OUTLETS THAT MAY BE24
	128	+	OPERATED BY A CENTRAL PHARMACY .25
	129	+	SECTION 3. In Colorado Revised Statutes, 12-280-118, amend26
	130	+	(1)(a) and add (3)(c) as follows:27
	131	+	173
	132	+	-4- 12-280-118. Prescription drug outlet under charge of1
	133	+	pharmacist - rules. (1) (a) A prescription drug outlet must be under the2
	134	+	direct charge of a pharmacist manager. A proprietor who is not a3
	135	+	pharmacist shall comply with this requirement and shall provide a4
	136	+	manager who is a pharmacist. NOTHING IN THIS ARTICLE 280 OR RULES5
	137	+	IMPLEMENTING THIS ARTICLE 280 SHALL PROHIBIT THE PHARMACIST6
	138	+	MANAGER OF A CENTRAL PHARMACY FROM SIMULTANEOUSLY SERVING AS7
	139	+	THE PHARMACIST MANAGER OF A TELEPHARMACY OUTLET .8
	140	+	(3) (c) A TELEPHARMACY OUTLET IS REQUIRED TO HAVE A9
	141	+	PHARMACIST MANAGER. A TELEPHARMACY OUTLET IS CONSIDERED TO BE10
	142	+	UNDER THE DIRECT CHARGE OR CONTROL OF THE PHARMACIST MANAGER,11
	143	+	OR THE LICENSED PHARMACIST DELEGATE , WHO PROVIDES REMOTE12
	144	+	SUPERVISION TO THE TELEPHARMACY OUTLET .13
	145	+	SECTION 4. In Colorado Revised Statutes, 12-280-402, amend14
	146	+	(3) as follows:15
	147	+	12-280-402. Definitions. As used in this part 4, unless the context16
	148	+	otherwise requires:17
	149	+	(3) "Prescription drug outlet" or "pharmacy" means:18
	150	+	(a) Any resident or nonresident pharmacy outlet registered or19
	151	+	licensed pursuant to this article 280 where prescriptions are compounded20
	152	+	and dispensed; and21
	153	+	(b) Any federally owned and operated pharmacy registered with22
	154	+	the federal drug enforcement administration; AND23
	155	+	(c) A TELEPHARMACY OUTLET.24
	156	+	25
	157	+	SECTION 5. Act subject to petition - effective date. This act26
	158	+	takes effect at 12:01 a.m. on the day following the expiration of the27
	159	+	173
	160	+	-5- ninety-day period after final adjournment of the general assembly; except1
	161	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V2
	162	+	of the state constitution against this act or an item, section, or part of this3
	163	+	act within such period, then the act, item, section, or part will not take4
	164	+	effect unless approved by the people at the general election to be held in5
	165	+	November 2022 and, in such case, will take effect on the date of the6
	166	+	official declaration of the vote thereon by the governor.7
	167	+	173
	168	+	-6-