Colorado 2024 Regular Session

Colorado House Bill HB1438 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth 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. 24-1123.01 Brita Darling x2241
1	8		HOUSE BILL 24-1438
2		-	BY REPRESENTATIVE(S) Mabrey and Jodeh, Amabile, Bacon,
3		-	Boesenecker, Brown, Clifford, Duran, Epps, Froelich, Garcia, Hernandez,
4		-	Kipp, Lieder, Lindsay, Lindstedt, Lukens, Martinez, Marvin, Mauro,
5		-	McCormick, McLachlan, Ortiz, Parenti, Ricks, Rutinel, Sirota, Story,
6		-	Valdez, Velasco, Woodrow, Young, McCluskie, English, Hamrick, Herod,
7		-	Joseph, Vigil, Weinberg;
8		-	also SENATOR(S) Roberts, Bridges, Buckner, Cutter, Exum, Ginal,
9		-	Jaquez Lewis, Michaelson Jenet, Priola, Sullivan, Winter F.
	9	+	House Committees Senate Committees
	10	+	Health & Human Services Judiciary
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
10	13		C
11		-	ONCERNING THE IMPLEMENTATION OF CERTAIN AFFORDABLE PRESCRIPTION
12		-	DRUG PROGRAMS
13		-	, AND, IN CONNECTION THEREWITH , MAKING AN
14		-	APPROPRIATION
15		-	.
16		-
17		-	Be it enacted by the General Assembly of the State of Colorado:
18		-	SECTION 1. In Colorado Revised Statutes, 6-1-105, add (1)(ffff)
19		-	as follows:
20		-	6-1-105. Unfair or deceptive trade practices. (1) A person
21		-	engages in a deceptive trade practice when, in the course of the person's
22		-	business, vocation, or occupation, the person:
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. (ffff) FAILS TO COMPLY WITH THE MANUFACTURER REQUIREMENTS
31		-	UNDER THE INSULIN AFFORDABILITY PROGRAM PURSUANT TO SECTION
32		-	12-280-139 OR THE MANUFACTURER REQUIREMENTS FOR THE EMERGENCY
33		-	SUPPLY OF PRESCRIPTION INSULIN PURSUANT TO SECTION
34		-	12-280-140.
35		-	SECTION 2. In Colorado Revised Statutes, 12-280-139, amend
36		-	(4), (9), and (11); and repeal (1)(b) as follows:
37		-	12-280-139. Insulin affordability program - record keeping -
38		-	reimbursement - definitions. (1) As used in this section and section
39		-	12-280-140, unless the context otherwise requires:
40		-	(b) "Division of insurance" means the division of insurance in the
41		-	department of regulatory agencies, created in section 10-1-103.
42		-	(4) (a) The division of insurance BOARD shall develop an application
43		-	form to be used by an individual who is seeking insulin under the program.
44		-	The application form must require the individual to show proof that the
45		-	individual meets the requirements of subsection (3) of this section.
46		-	(b) The division of insurance and the department of health care
47		-	policy and financing BOARD shall make the application form available on
48		-	each agency's ITS website. The division of insurance BOARD shall also make
49		-	the application form available to pharmacies, health-care providers, and
50		-	health facilities that prescribe or dispense insulin.
51		-	(9) The division of insurance and the department of health care
52		-	policy and financing BOARD shall promote the availability of the program
53		-	to Coloradans. The promotional material must include information about
54		-	each manufacturer's consumer insulin programs. Each agency
55		-	THE BOARD
56		-	may seek and accept gifts, grants, and donations to fulfill the requirements of this subsection (9).
57		-	(11) (a) A manufacturer that fails to comply with the requirements
58		-	of this section:
59		-	(I) Is subject to a fine of ten thousand dollars for each month of
60		-	noncompliance. IN AN AMOUNT AND FREQUENCY THAT IS EQUAL TO THE
61		-	AMOUNT AND FREQUENCY OF THE FINE PERMITTED UNDER THE
62		-	"COLORADO
63		-	CONSUMER PROTECTION ACT", PART 1 OF ARTICLE 1 OF TITLE 6; AND
64		-	PAGE 2-HOUSE BILL 24-1438 (II) ENGAGES IN A DECEPTIVE TRADE PRACTICE UNDER SECTION
65		-	6-1-105 (1)(ffff).
	14	+	ONCERNING THE IMPLEMENTATION OF CERTAIN AFFORDABLE101
	15	+	PRESCRIPTION DRUG
	16	+	PROGRAMS, AND, IN CONNECTION102
	17	+	THEREWITH, MAKING AN APPROPRIATION .103
	18	+	Bill Summary
	19	+	(Note: This summary applies to this bill as introduced and does
	20	+	not reflect any amendments that may be subsequently adopted. If this bill
	21	+	passes third reading in the house of introduction, a bill summary that
	22	+	applies to the reengrossed version of this bill will be available at
	23	+	http://leg.colorado.gov
	24	+	.)
	25	+	The bill makes it a deceptive trade practice under the "Colorado
	26	+	Consumer Protection Act" for a manufacturer to fail to comply with:
	27	+	! The insulin affordability program; and
	28	+	! The requirements for the emergency supply of prescription
	29	+	insulin.
	30	+	SENATE
	31	+	Amended 2nd Reading
	32	+	May 1, 2024
	33	+	HOUSE
	34	+	3rd Reading Unamended
	35	+	April 24, 2024
	36	+	HOUSE
	37	+	Amended 2nd Reading
	38	+	April 20, 2024
	39	+	HOUSE SPONSORSHIP
	40	+	Mabrey and Jodeh, Amabile, Bacon, Boesenecker, Brown, Clifford, Duran, Epps,
	41	+	Froelich, Garcia, Hernandez, Kipp, Lieder, Lindsay, Lindstedt, Lukens, Martinez, Marvin,
	42	+	Mauro, McCluskie, McCormick, McLachlan, Ortiz, Parenti, Ricks, Rutinel, Sirota, Story,
	43	+	Valdez, Velasco, Woodrow, Young
	44	+	SENATE SPONSORSHIP
	45	+	Roberts,
	46	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	47	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	48	+	Dashes through the words or numbers indicate deletions from existing law. The bill authorizes the attorney general to enforce:
	49	+	! The insulin affordability program;
	50	+	! The requirements for the emergency supply of prescription
	51	+	insulin; and
	52	+	! The epinephrine auto-injector affordability program
	53	+	(epinephrine program).
	54	+	The bill also increases the amount of a fine for a manufacturer's
	55	+	failure to comply with the requirements of the insulin affordability
	56	+	program, the requirements for the emergency supply of prescription
	57	+	insulin, and the epinephrine program to the amount and frequency that is
	58	+	permitted under the "Colorado Consumer Protection Act".
	59	+	The bill requires the state board of pharmacy to provide flyers to
	60	+	be distributed to pharmacies about the epinephrine program that include
	61	+	a quick response (QR) code to allow individuals to access and complete
	62	+	the epinephrine program's application online. The completed, printed
	63	+	application will include a billing code or other method for the dispensing
	64	+	pharmacy to be reimbursed for the cost of the epinephrine auto-injector
	65	+	above any required cost sharing by the individual.
	66	+	Be it enacted by the General Assembly of the State of Colorado:1
	67	+	SECTION 1. In Colorado Revised Statutes, 6-1-105, add2
	68	+	(1)(eeee) as follows:3
	69	+	6-1-105. Unfair or deceptive trade practices. (1) A person4
	70	+	engages in a deceptive trade practice when, in the course of the person's5
	71	+	business, vocation, or occupation, the person:6
	72	+	(eeee) F
	73	+	AILS TO COMPLY WITH THE
	74	+	MANUFACTURER7
	75	+	REQUIREMENTS UNDER THE INSULIN AFFORDABILITY PROGRAM PURS UANT8
	76	+	TO SECTION 12-280-139 OR THE MANUFACTURER REQUIREMENTS FOR THE9
	77	+	EMERGENCY SUPPLY OF PRESCRIPTION INSULIN PURSUANT TO SECTION10
	78	+	12-280-140.11
	79	+	SECTION 2. In Colorado Revised Statutes, 12-280-139, amend12
	80	+	(4), (9), and (11); and repeal (1)(b) as follows:13
	81	+	12-280-139. Insulin affordability program - record keeping -14
	82	+	reimbursement - definitions. (1) As used in this section and section15
	83	+	1438-2- 12-280-140, unless the context otherwise requires:1
	84	+	(b) "Division of insurance" means the division of insurance in the2
	85	+	department of regulatory agencies, created in section 10-1-103.3
	86	+	(4) (a) The division of insurance BOARD shall develop an4
	87	+	application form to be used by an individual who is seeking insulin under5
	88	+	the program. The application form must require the individual to show6
	89	+	proof that the individual meets the requirements of subsection (3) of this7
	90	+	section.8
	91	+	(b) The division of insurance and the department of health care9
	92	+	policy and financing BOARD shall make the application form available on10
	93	+	each agency's ITS website. The division of insurance BOARD shall also11
	94	+	make the application form available to pharmacies, health-care providers,12
	95	+	and health facilities that prescribe or dispense insulin.13
	96	+	(9) The division of insurance and the department of health care14
	97	+	policy and financing BOARD shall promote the availability of the program15
	98	+	to Coloradans. The promotional material must include information about16
	99	+	each manufacturer's consumer insulin programs. Each agency THE BOARD17
	100	+	may seek and accept gifts, grants, and donations to fulfill the18
	101	+	requirements of this subsection (9).19
	102	+	(11) (a) A manufacturer that fails to comply with the requirements20
	103	+	of this section:21
	104	+	(I) Is subject to a fine of ten thousand dollars for each month of22
	105	+	noncompliance. IN AN AMOUNT AND FREQUENCY THAT IS EQUAL TO THE23
	106	+	AMOUNT AND FREQUENCY OF THE FINE PERMITTED UNDER THE24
	107	+	"C
	108	+	OLORADO CONSUMER PROTECTION ACT", PART 1 OF ARTICLE 1 OF TITLE25
	109	+	6;
	110	+	AND26
	111	+	(II) E
	112	+	NGAGES IN A DECEPTIVE TRADE PRACTICE UNDER SECTION27
	113	+	1438
	114	+	-3- 6-1-105 (1)(eeee).1
66	115		(b) T
67		-	HE ATTORNEY GENERAL IS AUTHORIZED TO ENFORCE THIS
68		-	SECTION
69		-	.
70		-	SECTION 3. In Colorado Revised Statutes, 12-280-140, amend
71		-	(3)(a), (7), and (9) as follows:
72		-	12-280-140. Emergency prescription insulin supply - eligibility
73		-	- record keeping. (3) (a) The division of insurance
74		-	BOARD shall create and
75		-	make available to the public an application form for individuals seeking an
76		-	emergency prescription insulin supply pursuant to this section.
77		-	(7) The division of insurance and the department of health care
78		-	policy and financing BOARD shall promote the availability of the emergency
79		-	prescription insulin supply to Coloradans. The promotional material must
80		-	include information about each manufacturer's consumer insulin programs.
81		-	Each agency
82		-	THE BOARD may seek and accept gifts, grants, and donations
83		-	to fulfill the requirements of this subsection (7).
84		-	(9) (a) A manufacturer that fails to comply with the requirements of
85		-	this section:
86		-	(I) Is subject to a fine of ten thousand dollars for each month of
87		-	noncompliance. IN AN AMOUNT AND FREQUENCY THAT IS EQUAL TO THE
88		-	AMOUNT AND FREQUENCY OF THE FINE PERMITTED UNDER THE
89		-	"COLORADO
90		-	CONSUMER PROTECTION ACT", PART 1 OF ARTICLE 1 OF TITLE 6; AND
91		-	(II) ENGAGES IN A DECEPTIVE TRADE PRACTICE UNDER SECTION
92		-	6-1-105 (1)(ffff).
	116	+	HE ATTORNEY GENERAL IS AUTHORIZED TO ENFORCE THIS2
	117	+	SECTION.3
	118	+	SECTION 3. In Colorado Revised Statutes, 12-280-140, amend4
	119	+	(3)(a), (7), and
	120	+	(9) as follows:5
	121	+	12-280-140. Emergency prescription insulin supply - eligibility6
	122	+	- record keeping. (3) (a) The division of insurance BOARD shall create7
	123	+	and make available to the public an application form for individuals8
	124	+	seeking an emergency prescription insulin supply pursuant to this section.9
	125	+	(7) The division of insurance and the department of health care10
	126	+	policy and financing BOARD shall promote the availability of the11
	127	+	emergency prescription insulin supply to Coloradans. The promotional12
	128	+	material must include information about each manufacturer's consumer13
	129	+	insulin programs. Each agency THE BOARD may seek and accept gifts,14
	130	+	grants, and donations to fulfill the requirements of this subsection (7).15
	131	+	(9) (a) A manufacturer that fails to comply with the requirements16
	132	+	of this section:17
	133	+	(I) Is subject to a fine of ten thousand dollars for each month of18
	134	+	noncompliance. IN AN AMOUNT AND FREQUENCY THAT IS EQUAL TO THE19
	135	+	AMOUNT AND FREQUENCY OF THE FINE PERMITTED UNDER THE20
	136	+	"C
	137	+	OLORADO CONSUMER PROTECTION ACT", PART 1 OF ARTICLE 1 OF TITLE21
	138	+	6;
	139	+	AND22
	140	+	(II) E
	141	+	NGAGES IN A DECEPTIVE TRADE PRACTICE UNDER SECTION23
	142	+	6-1-105 (1)(eeee).24
93	143		(b) T
94		-	HE ATTORNEY GENERAL IS AUTHORIZED TO ENFORCE THIS
95		-	SECTION
96		-	.
97		-	SECTION 4. In Colorado Revised Statutes, 12-280-142, amend
98		-	(4), (6)(b)(II), (9), and (11); and repeal (1)(b) as follows:
99		-	12-280-142. Epinephrine auto-injector affordability program -
100		-	record keeping - reimbursement - definitions. (1) As used in this section:
101		-	PAGE 3-HOUSE BILL 24-1438 (b) "Division of insurance" means the division of insurance in the
102		-	department of regulatory agencies created in section 10-1-103.
103		-	(4) (a) The division of insurance BOARD shall develop an
104		-	EPINEPHRINE AUTO-INJECTOR AFFORDABILITY PROGRAM application form to
105		-	be used by an individual who is seeking epinephrine auto-injectors through
106		-	the program. A
107		-	LL MANUFACTURERS SUBJECT TO THIS SECTION SHALL
108		-	PARTICIPATE IN THE PROGRAM
109		-	. THE APPLICATION FORM MUST BE AVAILABLE
110		-	TO INDIVIDUALS
111		-	, PHARMACIES, HEALTH-CARE PROVIDERS, AND HEALTH
112		-	FACILITIES THROUGH THE BOARD
113		-	'S WEBSITE AND MUST BE ACCESSIBLE
114		-	THROUGH A QUICK RESPONSE
115		-	(QR) CODE OR OTHER MACHINE-READABLE
116		-	CODE
117		-	. WITHIN A REASONABLE PERIOD OF TIME AFTER THE PUBLICATION OF
118		-	THE PROGRAM WEBSITE
119		-	, ALL MANUFACTURERS REQUIRED TO PARTICIPATE
120		-	IN THE PROGRAM SHALL INCLUDE A LINK TO THE PROGRAM WEBSITE ON THE
121		-	MANUFACTURER
122		-	'S CONSUMER EPINEPHRINE AUTO -INJECTOR PROGRAM
123		-	WEBSITE
124		-	. At a minimum, the application form must:
125		-	(I) Provide information related to program eligibility and coverage
126		-	in English, Spanish, and in each language spoken by at least two and
127		-	one-half percent of the population of any county in which such population
128		-	speaks English less than very well, as defined by the United States bureau
129		-	of the census American community survey or comparable census data, and
130		-	speaks a shared minority language at home; and
131		-	(II) Require the individual to show proof ATTEST that the individual
132		-	meets the requirements of subsection (3) of this section;
133		-	AND
134		-	(III) INCLUDE THE INFORMATION REQUIRED FOR A PHARMACY TO
135		-	SUCCESSFULLY SUBMIT
136		-	, PURSUANT TO SUBSECTION (8) OF THIS SECTION, AN
137		-	ELECTRONIC CLAIM FOR REIMBURSEMENT THAT IS MADE IN ACCORDANCE
138		-	WITH THE
139		-	NATIONAL COUNCIL FOR PRESCRIPTION DRUG PROGRAMS'
140		-	STANDARDS FOR ELECTRONIC CLAIMS PROCESSING FOR THE COST TO
141		-	DISPENSE THE EPINEPHRINE AUTO
142		-	-INJECTORS, ABOVE ANY REQUIRED COST
143		-	SHARING BY THE INDIVIDUAL AND ADJUDICATED AT THE POINT OF SALE
144		-	.
145		-	(b) The division of insurance and the department of health care
146		-	policy and financing shall make the application form available on each
147		-	agency's website. The division of insurance shall also make the application
148		-	form available to pharmacies, health-care providers, and health facilities
149		-	that prescribe or dispense epinephrine auto-injectors BOARD SHALL SUPPLY
150		-	PAGE 4-HOUSE BILL 24-1438 PHARMACIES WITH INFORMATION ABOUT THE PROGRAM TO PROVIDE TO
151		-	INDIVIDUALS WHO ARE SEEKING ACCESS TO THE PROGRAM
152		-	. THE
153		-	INFORMATION MUST CONTAIN A QUICK RESPONSE
154		-	(QR) CODE OR OTHER
155		-	MACHINE
156		-	-READABLE CODE THAT AN INDIVIDUAL MAY USE TO ACCESS THE
157		-	PROGRAM APPLICATION AND INCLUDE INFORMATION ON HOW TO SUBMIT A
158		-	PROGRAM APPLICATION
159		-	.
160		-	(6) (b) The pharmacist is encouraged to inform the individual:
161		-	(II) Of any manufacturer-sponsored programs that assist individuals
162		-	who cannot afford their prescription epinephrine auto-injectors
163		-	AND
164		-	PROVIDE THE INDIVIDUAL WITH THE INFORMATION DESCRIBED IN
165		-	SUBSECTION
166		-	(4)(b) OF THIS SECTION ABOUT THE PROGRAM .
167		-	(9) The division of insurance and the department of health care
168		-	policy and financing BOARD shall promote the availability of the program
169		-	to Coloradans. The promotional material must include information about
170		-	each manufacturer's consumer epinephrine auto-injector program, as
171		-	applicable. Each agency
172		-	THE BOARD may seek and accept gifts, grants, and
173		-	donations to fulfill the requirements of this subsection (9).
174		-	(11) (a) A manufacturer that fails to comply with the requirements
175		-	of this section:
176		-	(a) (I) Is subject to a fine of ten thousand dollars for each month of
177		-	noncompliance. IN AN AMOUNT AND FREQUENCY THAT IS E QUAL TO THE
178		-	AMOUNT AND FREQUENCY OF THE FINE PERMITTED UNDER THE
179		-	"COLORADO
180		-	CONSUMER PROTECTION ACT", PART 1 OF ARTICLE 1 OF TITLE 6; and
	144	+	HE ATTORNEY GENERAL IS AUTHORIZED TO ENFORCE THIS25
	145	+	SECTION.26
	146	+	SECTION 4. In Colorado Revised Statutes, 12-280-142, amend27
	147	+	1438
	148	+	-4- (4), (6)(b)(II), (9), and (11); and repeal (1)(b) as follows: 1
	149	+	12-280-142. Epinephrine auto-injector affordability program2
	150	+	- record keeping - reimbursement - definitions. (1) As used in this3
	151	+	section:4
	152	+	(b) "Division of insurance" means the division of insurance in the5
	153	+	department of regulatory agencies created in section 10-1-103.6
	154	+	(4) (a) The division of insurance BOARD shall develop an7
	155	+	EPINEPHRINE AUTO-INJECTOR AFFORDABILITY PROGRAM application form 8
	156	+	to be used by an individual who is seeking epinephrine auto-injectors9
	157	+	through the program. ALL MANUFACTURERS SUBJECT TO THIS SECTION10
	158	+	SHALL PARTICIPATE IN THE PROGRAM. THE APPLICATION FORM MUST BE11
	159	+	AVAILABLE TO INDIVIDUALS, PHARMACIES, HEALTH-CARE PROVIDERS, AND12
	160	+	HEALTH FACILITIES THROUGH THE BOARD 'S WEBSITE AND MUST BE13
	161	+	ACCESSIBLE THROUGH A QUICK RESPONSE (QR) CODE OR OTHER14
	162	+	MACHINE-READABLE CODE. WITHIN A REASONABLE PERIOD OF TIME AFTER15
	163	+	THE PUBLICATION OF THE PROGRAM WEBSITE, ALL MANUFACTURERS16
	164	+	REQUIRED TO PARTICIPATE IN THE PROGRAM SHALL INCLUDE A LINK TO17
	165	+	THE PROGRAM WEBSITE ON THE MANUFACTURER 'S CONSUMER18
	166	+	EPINEPHRINE AUTO-INJECTOR PROGRAM WEBSITE. At a minimum, the19
	167	+	application form must:20
	168	+	(I) Provide information related to program eligibility and coverage21
	169	+	in English, Spanish, and in each language spoken by at least two and22
	170	+	one-half percent of the population of any county in which such population23
	171	+	speaks English less than very well, as defined by the United States bureau24
	172	+	of the census American community survey or comparable census data,25
	173	+	and speaks a shared minority language at home; and26
	174	+	(II) Require the individual to show proof ATTEST that the27
	175	+	1438
	176	+	-5- individual meets the requirements of subsection (3) of this section; AND1
	177	+	(III) INCLUDE THE INFORMATION REQUIRED FOR A PHARMACY TO2
	178	+	SUCCESSFULLY SUBMIT, PURSUANT TO SUBSECTION (8) OF THIS SECTION,3
	179	+	AN ELECTRONIC CLAIM FOR REIMBURSEMENT THAT IS MADE IN4
	180	+	ACCORDANCE WITH THE NATIONAL COUNCIL FOR PRESCRIPTION DRUG5
	181	+	PROGRAMS' STANDARDS FOR ELECTRONIC CLAIMS PROCESSING FOR THE6
	182	+	COST TO DISPENSE THE EPINEPHRINE AUTO-INJECTORS, ABOVE ANY7
	183	+	REQUIRED COST SHARING BY THE INDIVIDUAL AND ADJUDICATED AT THE8
	184	+	POINT OF SALE.9
	185	+	(b) The division of insurance and the department of health care10
	186	+	policy and financing shall make the application form available on each11
	187	+	agency's website. The division of insurance shall also make the12
	188	+	application form available to pharmacies, health-care providers, and13
	189	+	health facilities that prescribe or dispense epinephrine auto-injectors14
	190	+	BOARD SHALL SUPPLY PHARMACIES WITH INFORMATION ABOUT THE15
	191	+	PROGRAM TO PROVIDE TO INDIVIDUALS WHO ARE SEEKING ACCESS TO THE16
	192	+	PROGRAM. THE INFORMATION MUST CONTAIN A QUICK RESPONSE (QR)17
	193	+	CODE OR OTHER MACHINE-READABLE CODE THAT AN INDIVIDUAL MAY USE18
	194	+	TO ACCESS THE PROGRAM APPLICATION AND INCLUDE INFORMATION ON19
	195	+	HOW TO SUBMIT A PROGRAM APPLICATION .20
	196	+	(6) (b) The pharmacist is encouraged to inform the individual:21
	197	+	(II) Of any manufacturer-sponsored programs that assist22
	198	+	individuals who cannot afford their prescription epinephrine23
	199	+	auto-injectors
	200	+	AND PROVIDE THE INDIVIDUAL WITH THE
	201	+	INFORMATION24
	202	+	DESCRIBED IN SUBSECTION (4)(b) OF THIS SECTION ABOUT THE25
	203	+	PROGRAM.26
	204	+	(9) The division of insurance and the department of health care27
	205	+	1438
	206	+	-6- policy and financing BOARD shall promote the availability of the program1
	207	+	to Coloradans. The promotional material must include information about2
	208	+	each manufacturer's consumer epinephrine auto-injector program, as3
	209	+	applicable. Each agency THE BOARD may seek and accept gifts, grants,4
	210	+	and donations to fulfill the requirements of this subsection (9).5
	211	+	(11) (a) A manufacturer that fails to comply with the requirements6
	212	+	of this section:7
	213	+	(a) (I) Is subject to a fine of ten thousand dollars for each month8
	214	+	of noncompliance. IN AN AMOUNT AND FREQUENCY THAT IS EQUAL TO THE9
	215	+	AMOUNT AND FREQUENCY OF THE FINE PERMITTED UNDER THE10
	216	+	"C
	217	+	OLORADO CONSUMER PROTECTION ACT", PART 1 OF ARTICLE 1 OF TITLE11
	218	+	6; and12
181	219		(b)
182		-	(II) Engages in a deceptive trade practice under ~~section 6-1-105~~
183		-	(1)(zzz).
	220	+	(II) Engages in a deceptive trade practice under section13
	221	+	6-1-105 (1)(zzz).14
184	222		(b) T
185		-	HE ATTORNEY GENERAL IS AUTHORIZED TO ENFORCE THIS
186		-	SECTION
187		-	.
188		-	SECTION 5. Appropriation. For the 2024-25 state fiscal year,
189		-	$8,874 is appropriated to the department of regulatory agencies for use by
190		-	the division of professions and occupations. This appropriation is from the
191		-	division of professions and occupations cash fund created in section
192		-	12-20-105 (3), C.R.S., and is based on an assumption that the division will
193		-	PAGE 5-HOUSE BILL 24-1438 require an additional 0.2 FTE. To implement this act, the division may use
194		-	this appropriation for personal services.
195		-	SECTION 6. Safety clause. The general assembly finds,
196		-	determines, and declares that this act is necessary for the immediate
197		-	preservation of the public peace, health, or safety or for appropriations for
198		-	the support and maintenance of the departments of the state and state
199		-	institutions.
200		-	____________________________ ____________________________
201		-	Julie McCluskie Steve Fenberg
202		-	SPEAKER OF THE HOUSE PRESIDENT OF
203		-	OF REPRESENTATIVES THE SENATE
204		-	____________________________ ____________________________
205		-	Robin Jones Cindi L. Markwell
206		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
207		-	OF REPRESENTATIVES THE SENATE
208		-	APPROVED________________________________________
209		-	(Date and Time)
210		-	_________________________________________
211		-	Jared S. Polis
212		-	GOVERNOR OF THE STATE OF COLORADO
213		-	PAGE 6-HOUSE BILL 24-1438
	223	+	HE ATTORNEY GENERAL IS AUTHORIZED TO ENFORCE THIS15
	224	+	SECTION.16
	225	+	SECTION 5. Appropriation. For the 2024-25 state fiscal year,17
	226	+	$8,874 is appropriated to the department of regulatory agencies for use by18
	227	+	the division of professions and occupations. This appropriation is from19
	228	+	the division of professions and occupations cash fund created in section20
	229	+	12-20-105 (3), C.R.S., and is based on an assumption that the division21
	230	+	will require an additional 0.2 FTE. To implement this act, the division22
	231	+	may use this appropriation for personal services.23
	232	+	SECTION 6. Safety clause. The general assembly finds,24
	233	+	determines, and declares that this act is necessary for the immediate25
	234	+	preservation of the public peace, health, or safety or for appropriations for26
	235	+	1438
	236	+	-7- the support and maintenance of the departments of the state and state1
	237	+	institutions.2
	238	+	1438
	239	+	-8-