SENATE BILL 23-176
BY SENATOR(S) Moreno and Cutter, Buckner, Coleman, Exum, Hansen,
Kolker, Marchman, Mullica, Priola, Roberts, Winter F., Fenberg;
also REPRESENTATIVE(S) deGruy Kennedy and Bradley, Amabile, Bird,
Boesenecker, Brown, Dickson, Duran, Froelich, Jodeh, Kipp, Lieder,
Lindsay, McCormick, Michaelson Jenet, Ricks, Sirota, Snyder, Story,
Titone, Valdez, Young, McCluskie.
C
ONCERNING MEASURES TO IMPROVE OUTCOMES FOR INDIVIDUALS WITH AN
EATING DISORDER
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 10-16-166 as
follows:
10-16-166. Prohibition on using the body mass index or ideal
body weight - medical necessity criteria - rules. (1) (a) E
VERY HEALTH
BENEFIT PLAN SUBJECT TO PART
2, 3, OR 4 OF THIS ARTICLE 16, EXCEPT
THOSE DESCRIBED IN SECTION
10-16-102 (32)(b), SHALL NOT UTILIZE THE
BODY MASS INDEX
, IDEAL BODY WEIGHT , OR ANY OTHER STANDARD
REQUIRING AN ACHIEVED WEIGHT WHEN DETERMINING MEDICAL NECESSITY
OR THE APPROPRIATE LEVEL OF CARE FOR AN INDIVIDUAL DIAGNOSED WITH
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. AN EATING DISORDER, INCLUDING BUT NOT LIMITED TO BULIMIA NERVOSA ,
ATYPICAL ANOREXIA NERVOSA , BINGE-EATING DISORDER, AVOIDANT
RESTRICTIVE FOOD INTAKE DISORDER
, AND OTHER SPECIFIED FEEDING AND
EATING DISORDERS AS DEFINED IN THE MOST RECENT EDITION OF THE
DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS.
(b) S
UBSECTION (1)(a) OF THIS SECTION DOES NOT APPLY WHEN
DETERMINING MEDICAL NECESSITY OR THE APPROPRIATE LEVEL OF CARE FOR
AN INDIVIDUAL DIAGNOSED WITH ANOREXIA NERVOSA
, RESTRICTING
SUBTYPE
, OR BINGE-EATING/PURGING SUBTYPE; HOWEVER, BODY MASS
INDEX
, IDEAL BODY WEIGHT, OR ANY OTHER STANDARD REQUIRING AN
ACHIEVED BODY WEIGHT MUST NOT BE THE DETERMINING FACTOR WHEN
ASSESSING MEDICAL NECESSITY OR THE APPROPRIATE LEVEL OF CARE FOR AN
INDIVIDUAL DIAGNOSED WITH ANOREXIA NERVOSA
, RESTRICTING SUBTYPE,
OR BINGE-EATING/PURGING SUBTYPE.
(2) T
HE FOLLOWING FACTORS, AT A MINIMUM, MUST BE CONSIDERED
WHEN DETERMINING MEDICAL NECESSITY OR THE APPROPRIATE LEVEL OF
CARE FOR AN INDIVIDUAL DIAGNOSED WITH AN EATING DISORDER
:
(a) T
HE INDIVIDUAL'S EATING BEHAVIORS;
(b) T
HE INDIVIDUAL'S NEED FOR SUPERVISED MEALS AND SUPPORT
INTERVENTIONS
;
(c) L
ABORATORY RESULTS, INCLUDING BUT NOT LIMITED TO, THE
INDIVIDUAL
'S HEART RATE, RENAL OR CARDIOVASCULAR ACTIVITY , AND
BLOOD PRESSURE
;
(d) T
HE RECOVERY ENVIRONMENT ; AND
(e) CO-OCCURRING DISORDERS THE INDIVIDUAL MAY HAVE .
(3) T
HE COMMISSIONER MAY PROMULGATE RULES AS NECESSARY TO
IMPLEMENT AND ENFORCE THIS SECTION
.
SECTION 2. In Colorado Revised Statutes, add 25.5-5-336 as
follows:
25.5-5-336. Prohibition on using the body mass index or ideal
PAGE 2-SENATE BILL 23-176 body weight - medical necessity criteria. (1) (a) B EGINNING JULY 1, 2023,
THE STATE MEDICAL ASSISTANCE PROGRAM SHALL NOT UTILIZE THE BODY
MASS INDEX
, IDEAL BODY WEIGHT, OR ANY OTHER STANDARD REQUIRING AN
ACHIEVED WEIGHT WHEN DETERMINING MEDICAL NECESSITY OR THE
APPROPRIATE LEVEL OF CARE FOR AN INDIVIDUAL DIAGNOSED WITH AN
EATING DISORDER
, INCLUDING BUT NOT LIMITED TO , BULIMIA NERVOSA,
ATYPICAL ANOREXIA NERVOSA , BINGE-EATING DISORDER, AVOIDANT
RESTRICTIVE FOOD INTAKE DISORDER
, AND OTHER SPECIFIED FEEDING AND
EATING DISORDERS AS DEFINED IN THE MOST RECENT EDITION OF THE
DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS.
(b) S
UBSECTION (1)(a) OF THIS SECTION DOES NOT APPLY WHEN
DETERMINING MEDICAL NECESSITY OR THE APPROPRIATE LEVEL OF CARE FOR
AN INDIVIDUAL DIAGNOSED WITH ANOREXIA NERVOSA
, RESTRICTING
SUBTYPE
; HOWEVER, BODY MASS INDEX, IDEAL BODY WEIGHT, OR ANY
OTHER STANDARD REQUIRING AN ACHIEVED B ODY WEIGHT MUST NOT BE THE
DETERMINING FACTOR WHEN ASSESSING MEDICAL NECESSITY OR THE
APPROPRIATE LEVEL OF CARE FOR AN INDIVIDUAL DIAGNOSED WITH
ANOREXIA NERVOSA
, RESTRICTING SUBTYPE.
(2) T
HE FOLLOWING FACTORS, AT A MINIMUM, MUST BE CONSIDERED
WHEN DETERMINING MEDICAL NECESSITY OR THE APPROPRIATE LEVEL OF
CARE FOR AN INDIVIDUAL DIAGNOSED WITH AN EATING DISORDER
:
(a) T
HE INDIVIDUAL'S EATING BEHAVIORS;
(b) T
HE INDIVIDUAL'S NEED FOR SUPERVISED MEALS AND SUPPORT
INTERVENTIONS
;
(c) L
ABORATORY RESULTS, INCLUDING BUT NOT LIMITED TO, THE
INDIVIDUAL
'S HEART RATE, RENAL OR CARDIOVASCULAR ACTIVITY , AND
BLOOD PRESSURE
;
(d) T
HE RECOVERY ENVIRONMENT ; AND
(e) CO-OCCURRING DISORDERS THE INDIVIDUAL MAY HAVE .
SECTION 3. In Colorado Revised Statutes, add article 26 to title
6 as follows:
PAGE 3-SENATE BILL 23-176 ARTICLE 26
Regulation Of Dietary Supplements For Weight Loss
6-26-101. Definitions. A
S USED IN THIS ARTICLE 26, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) (a) "O
VER-THE-COUNTER DIET PILL" MEANS A CLASS OF DRUGS
THAT ARE LABELED AND MARKETED UNDER THE
"FEDERAL FOOD, DRUG,
AND COSMETIC ACT", 21 U.S.C. SEC. 301 ET SEQ., FOR THE PURPOSE OF
ACHIEVING WEIGHT LOSS THAT ARE LAWFULLY SOLD
, TRANSFERRED, OR
OTHERWISE FURNISHED WITHOUT A PRESCRIPTION
.
(b) "O
VER-THE-COUNTER DIET PILL" INCLUDES PRODUCTS MARKETED
WITH A DRUG FACTS PANEL PURSUANT TO FEDERAL REGULATIONS THAT
CONTAIN EITHER APPROVED DRUG INGREDIENTS OR INGREDIENTS DEEMED
ADULTERATED PURSUANT TO
21 U.S.C. SEC. 342, OR BOTH.
(2) "R
ETAIL ESTABLISHMENT" MEANS ANY VENDOR THAT , IN THE
REGULAR COURSE OF BUSINESS
, SELLS OVER-THE-COUNTER DIET PILLS AT
RETAIL DIRECTLY TO THE PUBLIC
, INCLUDING BUT NOT LIMITED TO ,
PHARMACIES, GROCERY STORES, OTHER RETAIL STORES, AND VENDORS THAT
ACCEPT ORDERS PLACED BY MAIL
, TELEPHONE, ELECTRONIC MAIL, INTERNET
WEBSITE
, ONLINE CATALOG, OR SOFTWARE APPLICATION.
6-26-102. Over-the-counter diet pills - prohibition on selling to
persons under eighteen years of age - deceptive trade practice - rules.
(1) (a) A
RETAIL ESTABLISHMENT SHALL NOT SELL , TRANSFER, OR
OTHERWISE FURNISH OVER
-THE-COUNTER DIET PILLS TO ANY PERSON UNDER
EIGHTEEN YEARS OF AGE
.
(b) A
RETAIL ESTABLISHMENT SHALL REQUEST VALID
IDENTIFICATION FROM ANY PERSON WHO ATTEMPTS TO PURCHASE
OVER
-THE-COUNTER DIET PILLS IF THAT PERSON REASONABLY APPEARS TO
THE RETAIL ESTABLISHMENT TO BE UNDER EIGHTEEN YEARS OF AGE
.
(2) A
VIOLATION OF THIS ARTICLE 26 IS A DECEPTIVE TRADE
PRACTICE PURSUANT TO SECTION
6-1-105 (1)(cccc).
SECTION 4. In Colorado Revised Statutes, 6-1-105, add (1)(cccc)
PAGE 4-SENATE BILL 23-176 as follows:
6-1-105. Unfair or deceptive trade practices. (1) A person
engages in a deceptive trade practice when, in the course of the person's
business, vocation, or occupation, the person:
(cccc) S
ELLS OR OFFERS FOR SALE A PRODUCT THAT IS
AGE
-RESTRICTED TO A PERSON WHO DOES NOT MEET THE AGE RESTRICTION .
SECTION 5. Effective date. This act takes effect upon passage;
except that section 1 of this act takes effect January 1, 2024, and section 3
of this act takes effect July 1, 2024.
SECTION 6. Safety clause. The general assembly hereby finds,
PAGE 5-SENATE BILL 23-176 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
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 23-176