Date: 03/25/2009

Final
BILL SUMMARY for SB09-251

SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES

Votes: View--> Action Taken:
Refer Senate Bill 09-251 to the Committee of the WPASS



10:28 AM -- Senate Bill 09-251

Senator Romer introduced Senate Bill 09-251. A handout concerning the bill was distributed to the committee (Attachment A). The bill permits optometrists and physicians to prescribe and sell drug dispensing contact lenses. He explained that new technology has allowed allergy drugs to be imbedded in contact lenses. Currently, Colorado law prohibits optometrists from legally selling drugs, and the bill will permit optometrists to prescribe and sell the new lenses.

10:31 AM --
Dr. Donna Ellinger, representing Colorado Optometric Association, testified in support of the bill. She explained that contact lenses are fit and prescribed by an optometrist or an ophthalmologist, and they may be dispensed for a fee. Contact lenses are currently classified as a "device" by the federal Food and Drug Administration. The new lenses with embedded drugs are expected to be classified as a "drug." Optometrists and ophthalmologists will fit the new lenses, but under current Colorado law, cannot dispense the new lenses for a fee. She explained that the lenses would likely be only available from a pharmacy if the bill is not passed, which would inconvenience customers. She stated that it isn't clear that pharmacies are interested in stocking contact lenses. She responded to questions from Senator Carroll regarding the terminology "dispense for a fee."

10:37 AM --
Dick Brown, representing the Colorado Society of Eye Surgeons and Physicians, testified in support of the bill. He responded to questions from Senator Carroll regarding the bill's language expressly permitting an optometrist to charge a fee for dispensing the lenses. Senator Romer commented on the bill's provisions and the use and dispensing of contact lenses.

BILL:SB09-251
TIME: 10:46:45 AM
MOVED:Tochtrop
MOTION:Refer Senate Bill 09-251 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a 7-0 roll call vote, with one member excused.
SECONDED:
VOTE
Carroll M.
Yes
Lundberg
Yes
Mitchell
Excused
Morse
Yes
Newell
Yes
Schultheis
Yes
Tochtrop
Yes
Boyd
Yes
Final YES: 7 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS