Signed by Governor Jared Polis

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that establishes a state-regulated drug donation program to allow pharmacies, long-term care facilities, medical providers and members of the public to donate unexpired prescription medicine for redistribution to poor and uninsured patients in Colorado.

Highlights:

• Establishes the Colorado drug donation program (donation program) that allows an individual legally authorized to possess medicine, including an individual donor (individual donor) who is a member of the public, and other donors, including a pharmacy, a long-term care facility, a surgical center, a prescriber or other health-care professional or facility, wholesalers, distributors, third-party logistics providers, or others (donor), to donate unused medicine (donated medicine) (Sec. 1-3).

• Exempts certain drugs from the definition of “medicine” (Sec. 1-3).

• Specifies that ​​a donor or an individual donor may donate unused medicine to a donation recipient (donation recipient) that is authorized to possess medicine and that has a credential in good standing in the state in which the donation recipient is located (Sec. 1-3).

• Specifies A donation recipient includes a hospital, pharmacy, clinic, health-care provider, or prescriber office and may include a wholesaler, distributor, third-party logistics provider, reverse distributor, or repackager if the entity is a nonprofit entity or is directly or indirectly owned, controlled, or could be controlled by a nonprofit entity (Sec. 1-3).

• Requires the donation recipient to (Sec. 1-3):

• Keep a record of the donated medicine;

• Keep donated medicine separate from regular stock; and

• Have donated medicine inspected by a licensed pharmacist.

• Specifies that the donation recipient may transfer the donated medicine to another donation recipient or entity, repackage the donated medicine, or, if the donation recipient is a prescription drug outlet or other outlet, replace medicine of the same drug name and strength (Sec. 1-3).

• requires donated medicine to first be dispensed to an eligible patient who is an individual who is indigent, uninsured, or underinsured (Sec. 1-3)

• Specifies that donated medicine must not be resold (Sec. 1-3).

• Specifies that a donation recipient may charge a handling or dispensing fee for the donated medicine (Sec. 1-3).

• Specifies that when acting in good faith, the participants in the donation program are not subject to civil or criminal liability or professional disciplinary action (Sec. 1-3).

• Exempts drug manufacturers from liability for donated medicine that is subject to risk evaluation and mitigation strategies (REMS) under federal law (Sec. 1-3).

• Establishes a drug donation program for veterinary medicine that allows an owner of an animal to donate a drug (donated drug) that is dispensed for but not used by the animal to a licensed veterinarian or animal shelter in which veterinary medicine is practiced (Sec. 1-3).

• Specifies that controlled substances, compounded drugs, and certain other drugs are not eligible for donation (Sec. 1-31-3).

• Specifies that under certain circumstances specified in the bill, a licensed veterinarian may reissue a donated drug to fill another prescription dispensed by the licensed veterinarian free of charge to the owner of an animal based on economic need (Sec. 1-3).

• Requires that the licensed veterinarian keep the donated drug separate from other drugs and make a record of the receipt of the donated drug (Sec. ).

• Specifies that a manufacturer of a donated drug is not subject to criminal or civil liability relating to donated drugs (Sec. 1-3).

• Authorizes the board of veterinary medicine may adopt rules to implement the veterinary drug donation program (Sec. 1-3).

• Specifies that the provisions of this bill shall take effect 90 days following the final adjournment date of the current legislative session (Sec. 4).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes a state-regulated drug donation program to allow pharmacies, long-term care facilities, medical providers and members of the public to donate unexpired prescription medicine for redistribution to poor and uninsured patients in Colorado.

Highlights:

• Establishes the Colorado drug donation program (donation program) that allows an individual legally authorized to possess medicine, including an individual donor (individual donor) who is a member of the public, and other donors, including a pharmacy, a long-term care facility, a surgical center, a prescriber or other health-care professional or facility, wholesalers, distributors, third-party logistics providers, or others (donor), to donate unused medicine (donated medicine) (Sec. 1-3).

• Exempts certain drugs from the definition of “medicine” (Sec. 1-3).

• Specifies that ​​a donor or an individual donor may donate unused medicine to a donation recipient (donation recipient) that is authorized to possess medicine and that has a credential in good standing in the state in which the donation recipient is located (Sec. 1-3).

• Specifies A donation recipient includes a hospital, pharmacy, clinic, health-care provider, or prescriber office and may include a wholesaler, distributor, third-party logistics provider, reverse distributor, or repackager if the entity is a nonprofit entity or is directly or indirectly owned, controlled, or could be controlled by a nonprofit entity (Sec. 1-3).

• Requires the donation recipient to (Sec. 1-3):

• Keep a record of the donated medicine;

• Keep donated medicine separate from regular stock; and

• Have donated medicine inspected by a licensed pharmacist.

• Specifies that the donation recipient may transfer the donated medicine to another donation recipient or entity, repackage the donated medicine, or, if the donation recipient is a prescription drug outlet or other outlet, replace medicine of the same drug name and strength (Sec. 1-3).

• requires donated medicine to first be dispensed to an eligible patient who is an individual who is indigent, uninsured, or underinsured (Sec. 1-3)

• Specifies that donated medicine must not be resold (Sec. 1-3).

• Specifies that a donation recipient may charge a handling or dispensing fee for the donated medicine (Sec. 1-3).

• Specifies that when acting in good faith, the participants in the donation program are not subject to civil or criminal liability or professional disciplinary action (Sec. 1-3).

• Exempts drug manufacturers from liability for donated medicine that is subject to risk evaluation and mitigation strategies (REMS) under federal law (Sec. 1-3).

• Establishes a drug donation program for veterinary medicine that allows an owner of an animal to donate a drug (donated drug) that is dispensed for but not used by the animal to a licensed veterinarian or animal shelter in which veterinary medicine is practiced (Sec. 1-3).

• Specifies that controlled substances, compounded drugs, and certain other drugs are not eligible for donation (Sec. 1-31-3).

• Specifies that under certain circumstances specified in the bill, a licensed veterinarian may reissue a donated drug to fill another prescription dispensed by the licensed veterinarian free of charge to the owner of an animal based on economic need (Sec. 1-3).

• Requires that the licensed veterinarian keep the donated drug separate from other drugs and make a record of the receipt of the donated drug (Sec. ).

• Specifies that a manufacturer of a donated drug is not subject to criminal or civil liability relating to donated drugs (Sec. 1-3).

• Authorizes the board of veterinary medicine may adopt rules to implement the veterinary drug donation program (Sec. 1-3).

• Specifies that the provisions of this bill shall take effect 90 days following the final adjournment date of the current legislative session (Sec. 4).

Full Bill Text