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Program Allowing Redispensing Of Unused Drugs

Concerning a task force to examine the creation of a program allowing for the use of donated unused drugs, and, in connection therewith, making an appropriation.
2022 Regular Session
Professions & Occupations
Public Health
Bill Summary

The bill creates the Colorado drug reuse opportunity program (program). The program allows members of the public, health-care providers, pharmacies, health-care facilities, drug manufacturers, and other entities to donate prescription drugs, excluding controlled substances, and "over-the-counter" medicine (drugs) to be distributed or redispensed to Colorado residents with a prescription for such a drug or symptoms treatable with such a drug (eligible patients). Donated drugs are free to eligible patients, although there may be a fee for processing and redispensing the drugs.The bill establishes requirements for:

  • Donating unused drugs, receiving and accepting drug donations, and redispensing and administering unused drugs to eligible patients;
  • Storing, repackaging, and labeling donated drugs;
  • Disposing of donated drugs that cannot be redispensed; and
  • Record keeping relating to the donation, receipt, and reuse of the donated drugs.

In redispensing the donated drugs, to the extent possible, the program gives priority to eligible patients who are not covered by health insurance or who lack adequate health insurance coverage or whose income falls below a certain income level.The state board of pharmacy shall promulgate rules, including rules for donating and receiving drugs, labeling and repackaging drugs, and redispensing or administering drugs by persons authorized to dispense or administer drugs.With certain exceptions, the bill provides immunity from civil or criminal liability or professional discipline for a manufacturer, donor, or receiver of drugs for activities directly attributable to donating, receiving, redispensing, or administering a drug under the programThe bill creates the drug repository task force (task force) to examine drug repository programs for unused prescription drugs and over-the-counter medications in the country to determine the best model for Colorado to implement in the state.

The task force consists of at least 13 members, including 6 members appointed by the executive director of the department of public health and environment, 6 members appointed by the executive director of the department of regulatory agencies, and one member appointed by the department of health care policy and financing representing that department. The members include, in part, representatives of impacted state departments, hospitals, pharmacists and pharmacy associations, physicians, and members representing patients .The task force shall convene no later than September 15, 2022. In part, the task force shall consider drug depository programs in other states and which model is the safest and most efficient and effective model for Colorado; medications to be included in the program; the requirements for donating and receiving medications; any legal issues; and fees and rule-making for the program. The department of public health and environment shall provide staff support to the task force.

The task force shall report its findings and recommendations to the governor and health committees of the general assembly.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)


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