First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0498.01 Jacob Baus x2173
SENATE BILL 25-066
Senate Committees House Committees
Health & Human Services
A BILL FOR AN ACT
C
ONCERNING APPROPRIATE STATE CONTRACTING WITH OPIOID101
ANTAGONIST BUSINESSES.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
.)
Under current law, the opioid antagonist bulk purchase fund (fund)
allows the department of public health and environment (department) to
bulk purchase opioid antagonists and distribute them to eligible entities.
In contracting for the bulk purchasing and distribution of opioid
antagonists, the bill requires the department to contract with an opioid
antagonist medication distributor. However, the bill prohibits the
SENATE SPONSORSHIP
Lundeen and Mullica,
HOUSE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. department from contracting with an opioid antagonist medication
distributor if the distributor:
! Was found liable for the manufacture or distribution of an
opioid that resulted in an opioid-related overdose;
! Is or was a liable party to a settlement agreement for the
manufacture or distribution of an opioid that resulted in an
opioid-related overdose; or
! Is or was liable for a fine or penalty levied by a
governmental entity for the manufacture or distribution of
an opioid that resulted in an opioid-related overdose.
The bill requires the department to implement a competitive
selection process for the bulk purchase of opioid antagonists.
The bill declares any contract or agreement that does not comply
with the contracting requirements of the bill is void and unenforceable.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 25-1.5-115, amend2
(2) as follows:3
25-1.5-115. Opioid antagonist bulk purchase fund - creation4
- report - rules - appropriation - definitions. (2) (a) Money in the fund5
is continuously appropriated to the department for bulk purchasing of6
opioid antagonists. Eligible entities may purchase opioid antagonists from7
the department. The department may contract with a prescription drug
8
outlet, as defined in section 12-280-103 (43), SHALL CONTRACT WITH AN9
OPIOID ANTAGONIST MEDICATION DISTRIBUTOR for the bulk purchasing10
and distribution of opioid antagonists
THAT ARE APPROVED BY THE11
FEDERAL FOOD AND DRUG ADMINISTRATION . The department may12
prioritize the purchase of opioid antagonists by eligible entities based on13
the need of the entity and the availability of the opioid antagonists as14
determined by the department. The department shall provide technical15
assistance to participating eligible entities to ensure that eligible entities16
complete all training and registration requirements.17
SB25-066-2- (b) (I) NOTWITHSTANDING SUBSECTION (2)(a) OF THIS SECTION,1
THE DEPARTMENT SHALL NOT ENTER INTO A CONTRACT FOR THE BULK2
PURCHASING AND DISTRIBUTION OF OPIOID ANTAGONISTS FROM AN OPIOID3
ANTAGONIST MEDICATION DISTRIBUTOR THAT :4
(A) W
AS FOUND LIABLE FOR THE MANUFACTURE OR DISTRIBUTION5
OF AN OPIOID THAT RESULTED IN AN OPIOID -RELATED DRUG OVERDOSE6
EVENT;7
(B) I
S OR WAS A LIABLE PARTY TO A SETTLEMENT AGREEMENT FOR8
THE MANUFACTURE OR DISTRIBUTION OF AN OPIOID THAT RESULTED IN AN9
OPIOID-RELATED DRUG OVERDOSE EVENT ; OR10
(C) I
S OR WAS LIABLE FOR A FINE OR PENALTY LEVIED BY THE11
FEDERAL GOVERNMENT OR A STATE OR LOCAL GOVERNMENT FOR THE12
MANUFACTURE OR DISTRIBUTION OF AN OPIOID THAT RESULTED IN AN13
OPIOID-RELATED DRUG OVERDOSE EVENT .14
(II) T
HE DEPARTMENT SHALL NOT ENTER INTO A CONTRACT FOR15
THE BULK PURCHASING AND DISTRIBUTION OF OPIOID ANTAGONISTS WITH16
AN OPIOID ANTAGONIST MEDICATION DISTRIBUTOR THAT IS A DIVISION ,17
SUBSIDIARY, PARENT, AFFILIATE, OR RELATED ENTITY UNDER COMMON18
OWNERSHIP, CONTROL, OR INFLUENCE OF AN ENTITY DESCRIBED PURSUANT19
TO SUBSECTION (2)(b)(I) OF THIS SECTION.20
(c) (I) T
HE DEPARTMENT SHALL IMPLEMENT A COMPETITIVE21
SELECTION PROCESS SUBJECT TO THE "PROCUREMENT CODE", ARTICLES22
101
TO 112 OF TITLE 24, TO SELECT AN OPIOID ANTAGONIST MEDICATION23
DISTRIBUTOR OR DISTRIBUTORS FOR THE BULK PURCHASING AND24
DISTRIBUTION OF OPIOID ANTAGONISTS PURSUANT TO THIS SECTION . IN25
THE COMPETITIVE SELECTION PROCESS , THE DEPARTMENT SHALL STATE26
THE PROHIBITIONS DESCRIBED PURSUANT TO SUBSECTION (2)(b) OF THIS27
SB25-066
-3- SECTION. TO BE ELIGIBLE FOR A CONTRACT TO SELL AND DISTRIBUTE1
OPIOID ANTAGONISTS, THE OPIOID ANTAGONIST MEDICATION DISTRIBUTOR2
SHALL DEMONSTRATE, AND THE DEPARTMENT SHALL VERIFY , THAT THE3
DISTRIBUTOR IS NOT PROHIBITED PURSUANT TO SUBSECTION (2)(b) OF THIS4
SECTION.5
(II) A
FTER THE CONTRACT DESCRIBED PURSUANT TO THIS6
SUBSECTION (2) IS AWARDED, ALL SELECTION PROCESS RECORDS ARE OPEN7
TO PUBLIC INSPECTION IN ACCORDANCE WITH THE PROVISIONS OF8
SECTIONS 24-72-203 AND 24-72-204.9
(d) A
CONTRACT OR AGREEMENT THAT VIOLATES THIS SUBSECTION10
(2)
IS VOID AND UNENFORCEABLE AS CONTRARY TO THE PUBLIC POLICY OF11
THE STATE.12
SECTION 2. Act subject to petition - effective date. This act13
takes effect at 12:01 a.m. on the day following the expiration of the14
ninety-day period after final adjournment of the general assembly; except15
that, if a referendum petition is filed pursuant to section 1 (3) of article V16
of the state constitution against this act or an item, section, or part of this17
act within such period, then the act, item, section, or part will not take18
effect unless approved by the people at the general election to be held in19
November 2026 and, in such case, will take effect on the date of the20
official declaration of the vote thereon by the governor.21
SB25-066
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