Colorado 2025 Regular Session

Colorado Senate Bill SB164 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REREVISED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the Second House
	4	+	REVISED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the Second House
7	7		LLS NO. 25-0352.02 Owen Hatch x2698
8	8		SENATE BILL 25-164
9	9		Senate Committees House Committees
10	10		Health & Human Services Health & Human Services
11	11		A BILL FOR AN ACT
12	12		C
13	13		ONCERNING OPIOID ANTAGONISTS WITH A PRIMARY FOCUS ON THE101
14	14		YOUTH OPIOID EPIDEMIC , AND, IN CONNECTION THEREWITH ,102
15	15		CLARIFYING REQUIREMENTS FOR SCHOOL POLICIES ABOUT103
16	16		POSSESSION AND ADMINISTRATION OF OPIOID ANTAGONISTS ,104
17	17		REQUIRING THE STATE BOARD OF HEALTH TO DETERMINE WHO105
18	18		A PRESCRIBER MAY PRESCRIBE OR DISPENSE AN OPIOID106
19	19		ANTAGONIST TO, AND REQUIRING THE STATE BOARD TO107
20	20		CONSULT WITH THE COLORADO YOUTH ADVISORY COUNCIL ON108
21	21		ISSUES RELATING TO THE YOUTH OPIOID EPIDEMIC .109
22	22		Bill Summary
23	23		(Note: This summary applies to this bill as introduced and does
24	24		not reflect any amendments that may be subsequently adopted. If this bill
25	25		passes third reading in the house of introduction, a bill summary that
26	26		HOUSE
27		-	3rd Reading Unamended
28		-	April 15, 2025
29		-	HOUSE
30	27		2nd Reading Unamended
31	28		April 14, 2025
32	29		SENATE
33	30		3rd Reading Unamended
34	31		March 19, 2025
35	32		SENATE
36	33		Amended 2nd Reading
37	34		March 18, 2025
38	35		SENATE SPONSORSHIP
39	36		Winter F. and Marchman, Amabile, Coleman, Cutter, Hinrichsen, Jodeh, Kipp, Kolker,
40	37		Michaelson Jenet, Snyder, Sullivan, Weissman
41	38		HOUSE SPONSORSHIP
42		-	Jackson and Willford, Bacon, Bird, Boesenecker, Bradley, Brown, Caldwell, Clifford,
43		-	Duran, Froelich, Joseph, Lieder, Lindsay, Mabrey, McCluskie, McCormick, Phillips, Sirota,
44		-	Smith, Stewart K., Valdez, Winter T., Woodrow
	39	+	Jackson and Willford,
45	40		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
46	41		Capital letters or bold & italic numbers indicate new material to be added to existing law.
47	42		Dashes through the words or numbers indicate deletions from existing law. applies to the reengrossed version of this bill will be available at
48	43		http://leg.colorado.gov.)
49	44		The bill requires the state board of health (board) to allow the
50	45		Colorado youth advisory council to present to the board twice a year on
51	46		issues regarding the youth opioid epidemic and other health issues. The
52	47		bill also requires the board to consult the council when the board engages
53	48		in its rule-making authority regarding opioid antagonists.
54	49		Under current law, a school district, the state charter school
55	50		institute, or a governing board of a nonpublic school may adopt and
56	51		implement a policy that allows:
57	52		! A school to acquire and maintain a stock supply of opioid
58	53		antagonists on school grounds or on a school bus;
59	54		! A school employee or agent who has received relevant
60	55		training to administer an opioid antagonist to a person who
61	56		is at risk of experiencing an opioid-related overdose; and
62	57		! A school employee or agent to furnish an opioid antagonist
63	58		to any individual, including a student, if the student has
64	59		received relevant training.
65	60		The bill:
66	61		! Permits a school to maintain an opioid antagonist in an
67	62		automated external defibrillator or defibrillator cabinet in
68	63		the school or on a school bus;
69	64		! Repeals the requirement that a school employee or agent
70	65		must receive training prior to administering an opioid
71	66		antagonist; and
72	67		! Creates an exception that a school employee or agent may
73	68		furnish an opioid antagonist to a student who has not
74	69		received relevant training if the employee or agent believes
75	70		that the student is in a position to assist an individual who
76	71		is suffering from an opioid-related drug overdose event or
77	72		who is at risk of experiencing an opioid-related drug
78	73		overdose event.
79	74		Current law provides a specific list of eligible entities that a
80	75		prescriber may prescribe or dispense an opioid antagonist to. The bill
81	76		eliminates the specific list and instead requires the state board of health
82	77		to establish a list of eligible entities that a prescriber may prescribe or
83	78		dispense an opioid antagonist to.
84	79		The bill creates a standing order allowing all eligible entities to
85	80		distribute opioid antagonists.
86	81		The bill requires the department of public health and environment
87	82		to furnish a report detailing youth overdose prevention during "SMART
88	83		Act" hearings.
89	84		164-2- Be it enacted by the General Assembly of the State of Colorado:1
90	85		SECTION 1. In Colorado Revised Statutes, 2-2-1304, add (1)(e)2
91	86		and (1)(f) as follows:3
92	87		2-2-1304. Duties - meetings - community outreach -4
93	88		designation of organization to accept donations - authority to5
94	89		contract. (1) The council shall have the following duties and6
95	90		responsibilities:7
96	91		(e) T
97	92		O PRESENT TO THE STATE BOARD OF HEALTH TWICE A YEAR8
98	93		ON ISSUES INCLUDING THE YOUTH OPIOID EPIDEMIC AND OTHER HEALTH9
99	94		ISSUES; AND10
100	95		(f) T
101	96		O CONSULT WITH THE PREVENTION SERVICES DIVISION WITHIN
102	97		11
103	98		THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT DURING THE12
104	99		STAKEHOLDER PROCESS FOR RULE -MAKING REGARDING OPIOID13
105	100		ANTAGONISTS.14
106	101		SECTION 2. In Colorado Revised Statutes, 25-1-108, add (6) as15
107	102		follows:16
108	103		25-1-108. Powers and duties of state board of health - rules.17
109	104		(6) THE BOARD SHALL ALLOW THE COLORADO YOUTH ADVISORY18
110	105		COUNCIL, AS ESTABLISHED IN SECTION 2-2-1302, TO PRESENT TO THE19
111	106		BOARD TWICE A YEAR ON ISSUES INCLUDING THE YOUTH OPIOID EPIDEMIC20
112	107		AND OTHER HEALTH ISSUES.21
113	108		22
114	109		SECTION 3. In Colorado Revised Statutes, 22-1-119.1, amend23
115	110		(1) as follows:24
116	111		22-1-119.1. Policy for employee and agent possession and25
117	112		administration of opioid antagonists - definitions. (1) A school district26
118	113		board of education of a public school, the state charter school institute for27
119	114		164
120	115		-3- an institute charter school, or the governing board of a nonpublic school1
121	116		may adopt and implement a policy whereby:2
122	117		(a) A school under its jurisdiction may acquire and maintain a3
123	118		stock supply of opioid antagonists on school grounds; on a school bus4
124	119		operated by a district school, a school district, the charter school institute,5
125	120		an institute charter school, or a nonpublic school; or both. I
126	121		N ADDITION TO6
127	122		ACQUIRING AND MAINTAINING A STOCK SUPPLY OF OPIOID ANTAGONISTS ,7
128	123		THE SCHOOL MAY MAINTAIN AN OPIOID ANT AGONIST IN AN AUTOMATED8
129	124		EXTERNAL DEFIBRILLATOR OR DEFIBRILLATOR CABINET IN THE SCHOOL OR9
130	125		ON A SCHOOL BUS.10
131	126		(b) An employee or agent of the school, or an employee or agent11
132	127		of a school district, a district school, the charter school institute, an12
133	128		institute charter school, or a nonpublic school who operates or is on a13
134	129		school bus, or both, may after receiving appropriate training
135	130		administer14
136	131		an opioid antagonist on school grounds or a school bus to assist an15
137	132		individual who WHOM THE EMPLOYEE OR AGENT BELIEVES TO BE16
138	133		SUFFERING FROM AN OPIOID-RELATED DRUG OVERDOSE EVENT OR is at risk17
139	134		of experiencing an opioid-related drug overdose event. The training18
140	135		provided pursuant to this subsection (1)(b) must include A SCHOOL19
141	136		DISTRICT BOARD OF EDUCATION OF A PUBLIC SCHOOL, THE STATE CHARTER20
142	137		SCHOOL INSTITUTE FOR AN INSTITUTE CHARTER SCHOOL , OR THE21
143	138		GOVERNING BOARD OF A NONPUBLIC SCHOOL THAT ADOPTS AND22
144	139		IMPLEMENTS A POLICY PURSUANT TO THIS SUBSECTION (1)(b) IS23
145	140		ENCOURAGED TO PROVIDE TRAINING TO ITS EMPLOYEES OR AGENTS ,24
146	141		INCLUDING risk factors for overdose, recognizing an overdose, calling25
147	142		emergency medical services, rescue breathing, and administering an26
148	143		opioid antagonist. and27
149	144		164
150	145		-4- (c) An employee or agent of the school may furnish opiate OPIOID1
151	146		antagonists on school grounds or on a school bus to any individual,2
152	147		including a student, but shall only furnish an opiate OPIOID antagonist to3
153	148		a student if the student has received appropriate school-sponsored4
154	149		training;
155	150		EXCEPT THAT AN EMPLOYEE OR AGENT OF THE SCHOOL MAY5
156	151		FURNISH AN OPIOID ANTAGONIST TO A STUDENT WHO HAS NOT RECEIVED6
157	152		APPROPRIATE SCHOOL-SPONSORED TRAINING IF THE EMPLOYEE OR AGENT7
158	153		BELIEVES THAT THE STUDENT IS IN A POSITION TO ASSIST AN INDIVIDUAL8
159	154		WHO IS SUFFERING FROM AN OPIOID-RELATED DRUG OVERDOSE EVENT OR9
160	155		WHO IS AT RISK OF EXPERIENCING AN OPIOID-RELATED DRUG OVERDOSE10
161	156		EVENT.11
162	157		SECTION 4. In Colorado Revised Statutes, add 25-1.5-115.1 as12
163	158		follows:13
164	159		25-1.5-115.1. Opioid antagonist distribution - eligible entity14
165	160		list - standing order - annual youth overdose prevention report.15
166	161		(1) T
167	162		HE STATE BOARD OF HEALTH CREATED IN SECTION 25-1-103 SHALL16
168	163		ESTABLISH AN ELIGIBLE ENTITY LIST OF
169	164		ENTITIES ELIGIBLE TO BE17
170	165		PRESCRIBED OR DISPENSED, DIRECTLY OR IN ACCORDANCE WITH STANDING18
171	166		ORDERS AND PROTOCOLS, AN OPIOID ANTAGONIST FROM A PRESCRIBER .19
172	167		(2) T
173	168		HE STATE'S CHIEF MEDICAL OFFICER, AS DESCRIBED IN20
174	169		SECTION 25-1-105, MAY
175	170		GRANT A STANDING ORDER ALLOWING ALL21
176	171		ENTITIES INCLUDED ON THE STATE BOARD OF HEALTH 'S ELIGIBLE ENTITY22
177	172		LIST CREATED PURSUANT TO SUBSECTION (1) OF THIS SECTION TO23
178	173		DISTRIBUTE OPIOID ANTAGONISTS, CONSISTENT WITH THE LAWS OF THIS24
179	174		STATE.25
180	175		(3) B
181	176		EGINNING IN JANUARY 2026, AND IN JANUARY EACH YEAR26
182	177		THEREAFTER, THE DEPARTMENT SHALL INCLUDE , AS PART OF ITS27
183	178		164
184	179		-5- PRESENTATION DURING ITS "SMART ACT" HEARING REQUIRED BY1
185	180		SECTION 2-7-203, INFORMATION CONCERNING YOUTH OVERDOSE2
186	181		PREVENTION.3
187	182		SECTION 5. In Colorado Revised Statutes, 25-1.5-115, amend4
188	183		(5)(a) as follows:5
189	184		25-1.5-115. Opioid antagonist bulk purchase fund - creation6
190	185		- rules - report - appropriation - definitions. (5) As used in this7
191	186		section:8
192	187		(a) "Eligible entity" means a person or AN entity described in9
193	188		section 12-30-110 (1)(a) INCLUDED ON THE STATE BOARD OF HEALTH 'S10
194	189		ELIGIBLE ENTITY LIST CREATED PURSUANT TO SECTION 25-1.5-115.1 (1);11
195	190		except that an employee or agent of a school must be acting in accordance12
196	191		with section 12-30-110 (1)(b), (2)(b), and (4)(b) and, as applicable,13
197	192		section 22-1-119.1.14
198	193		SECTION 6. In Colorado Revised Statutes, 12-30-110, amend15
199	194		(1)(a), (1)(b) introductory portion, (2)(b), (3)(c), and (4)(b) as follows:16
200	195		12-30-110. Prescribing or dispensing opioid antagonists -17
201	196		authorized recipients - definitions. (1) (a) A prescriber may prescribe18
202	197		or dispense, directly or in accordance with standing orders and protocols,19
203	198		an opioid antagonist to
204	199		AN
205	200		ENTITY ON THE STATE BOARD OF HEALTH 'S20
206	201		ELIGIBLE ENTITY LIST CREATED PURSUANT TO SECTION 25-1.5-115.1 (1).21
207	202		(I) An individual at risk of experiencing an opioid-related drug22
208	203		overdose event;23
209	204		(II) A family member, friend, or other person in a position to24
210	205		assist an individual at risk of experiencing an opioid-related drug25
211	206		overdose event;26
212	207		(III) An employee or volunteer of a harm reduction organization;27
213	208		164
214	209		-6- (IV) A law enforcement agency or first responder;1
215	210		(V) A school district, school, or employee or agent of a school or2
216	211		an employee or agent of the school district, a district school, the charter3
217	212		school institute, an institute charter school, or a nonpublic school who4
218	213		operates or is on a school bus;5
219	214		(VI) A person described in section 25-20.5-1001;6
220	215		(VII) A unit of local government;7
221	216		(VIII) An institution of higher education or an employee or agent8
222	217		of the institution of higher education;9
223	218		(IX) A library or an employee or agent of the library;10
224	219		(X) A community service organization or an employee or agent of11
225	220		the community service organization;12
226	221		(XI) A religious organization or an employee or agent of the13
227	222		religious organization;14
228	223		(XII) A local jail or an employee or agent of the local jail;15
229	224		(XIII) A multijurisdictional jail or an employee or agent of the16
230	225		multijurisdictional jail;17
231	226		(XIV) A municipal jail or an employee or agent of the municipal18
232	227		jail;19
233	228		(XV) A correctional facility or an employee or agent of the20
234	229		correctional facility;21
235	230		(XVI) A private contract prison or an employee or agent of the22
236	231		private contract prison;23
237	232		(XVII) A community corrections program or an employee or24
238	233		agent of the community corrections program;25
239	234		(XVIII) A pretrial services program or an employee or agent of26
240	235		the pretrial services program;27
241	236		164
242	237		-7- (XIX) A probation department or an employee or agent of the1
243	238		probation department;2
244	239		(XX) A local public health agency or an employee or agent of the3
245	240		local public health agency; or4
246	241		(XXI) A mental health professional.5
247	242		(b) A person or AN ELIGIBLE entity described in subsection (1)(a)6
248	243		of this section SECTION 25-1.5-115.1 (1) may, pursuant to an order or7
249	244		standing orders and protocols:8
250	245		(2) (b) An
251	246		ELIGIBLE entity described in subsection (1)(a) of this
252	247		9
253	248		section SECTION 25-1.5-115.1 (1) is strongly encouraged to educate10
254	249		employees, agents, and volunteers, as well as persons receiving an opioid11
255	250		antagonist from the AN ELIGIBLE entity described in subsection (1)(a) of12
256	251		this section SECTION 25-1.5-115.1 (1), on the use of an opioid antagonist13
257	252		for overdose, including instruction concerning risk factors for overdose,14
258	253		recognizing an overdose, calling emergency medical services, rescue15
259	254		breathing, and administering an opioid antagonist.16
260	255		(3) A prescriber described in subsection (7)(h) of this section does17
261	256		not engage in unprofessional conduct or is not subject to discipline18
262	257		pursuant to section 12-240-121, 12-255-120, or 12-280-126, as19
263	258		applicable, if the prescriber issues standing orders and protocols20
264	259		regarding opioid antagonists or prescribes or dispenses, pursuant to an21
265	260		order or standing orders and protocols, an opioid antagonist in a good22
266	261		faith effort to assist:23
267	262		(c) A person or AN ELIGIBLE entity described in subsection (1)(a)24
268	263		of this section SECTION 25-1.5-115.1 (1), in responding to, treating, or25
269	264		otherwise assisting an individual who is experiencing or is at risk of26
270	265		experiencing an opioid-related drug overdose event or a friend, family27
271	266		164
272	267		-8- member, or other person in a position to assist an at-risk individual.1
273	268		(4) (b) A person or AN ELIGIBLE entity described in subsection2
274	269		(1)(a) of this section SECTION 25-1.5-115.1 (1) acting in accordance with3
275	270		this section is not subject to civil liability or criminal prosecution, as4
276	271		specified in sections 13-21-108.7 (3) and 18-1-712 (2), respectively.5
277	272		SECTION 7. In Colorado Revised Statutes, 13-21-108.7, amend6
278	273		(3)(b)(I) as follows:7
279	274		13-21-108.7. Persons rendering emergency assistance through8
280	275		the administration of an opioid antagonist - limited immunity -9
281	276		legislative declaration - definitions. (3) General immunity. (b) This10
282	277		subsection (3) also applies to:11
283	278		(I) A person or AN ELIGIBLE entity described in section 12-30-11012
284	279		(1)(a) SECTION 25-1.5-115.1 (1); except that an employee or agent of a13
285	280		school, or an employee or agent of a school district, a district school, the14
286	281		charter school institute, an institute charter school, or a nonpublic school15
287	282		who operates or is on a school bus, must be acting in accordance with16
288	283		section 12-30-110 (1)(b), (2)(b), and (4)(b), and, as applicable, section17
289	284		22-1-119.1; and18
290	285		SECTION 8. In Colorado Revised Statutes, 18-1-712, amend19
291	286		(2)(b)(I) as follows:20
292	287		18-1-712. Immunity for a person who administers an opioid21
293	288		antagonist during an opioid-related drug overdose event - definitions.22
294	289		(2) General immunity. (b) This subsection (2) also applies to:23
295	290		(I) A person or AN ELIGIBLE entity described in section 12-30-11024
296	291		(1)(a) SECTION 25-1.5-115.1 (1); except that an employee or agent of a25
297	292		school, or an employee or agent of a school district, a district school, the26
298	293		charter school institute, an institute charter school, or a nonpublic school27
299	294		164
300	295		-9- who operates or is on a school bus, must be acting in accordance with1
301	296		section 12-30-110 (1)(b), (2)(b), and (4)(b), and, as applicable, section2
302	297		22-1-119.1; and3
303	298		SECTION 9. In Colorado Revised Statutes, 18-18-403.5, amend4
304	299		(6) as follows:5
305	300		18-18-403.5. Unlawful possession of a controlled substance -6
306	301		notice to revisor of statutes - repeal. (6) Notwithstanding subsection (2)7
307	302		of this section to the contrary, a peace officer shall not arrest and a district8
308	303		attorney shall not charge or prosecute an employee, agent, or volunteer of9
309	304		an
310	305		ELIGIBLE entity described in section 12-30-110 (1)(a)
311	306		SECTION10
312	307		25-1.5-115.1
313	308		(1) who, in the performance of the person's duties, is in11
314	309		possession of a controlled substance, including fentanyl, carfentanil,12
315	310		benzimidazole opiate, or an analog thereof as described in section13
316	311		18-18-204 (2)(g), for the purpose of safe disposal of the controlled14
317	312		substance, including fentanyl, carfentanil, benzimidazole opiate, or an15
318	313		analog thereof as described in section 18-18-204 (2)(g), in accordance16
319	314		with applicable law. As used in this subsection (6), "safe disposal" means17
320	315		the procedure and process for depositing the controlled substance,18
321	316		including fentanyl, carfentanil, benzimidazole opiate, or an analog thereof19
322	317		as described in section 18-18-204 (2)(g), in a secure container for law20
323	318		enforcement to subsequently access and dispose of.21
324	319		SECTION 10. Act subject to petition - effective date. This act22
325	320		takes effect at 12:01 a.m. on the day following the expiration of the23
326	321		ninety-day period after final adjournment of the general assembly; except24
327	322		that, if a referendum petition is filed pursuant to section 1 (3) of article V25
328	323		of the state constitution against this act or an item, section, or part of this26
329	324		act within such period, then the act, item, section, or part will not take27
330	325		164
331	326		-10- effect unless approved by the people at the general election to be held in1
332	327		November 2026 and, in such case, will take effect on the date of the2
333	328		official declaration of the vote thereon by the governor.3
334	329		164
335	330		-11-