NOTE: The governor signed this measure on 5/24/2012.
      
      
      SENATE BILL 12-161
      
      
      BY SENATOR(S) Nicholson, King S., Aguilar, Boyd, Carroll, Foster,
      Giron, Guzman, Hodge, Newell, Schwartz, Tochtrop, White, Williams S.;
      also REPRESENTATIVE(S) Bradford, Acree, Balmer, Barker,
      Baumgardner, Becker, Beezley, Brown, Casso, Conti, Coram, Court,
      DelGrosso, Duran, Ferrandino, Fields, Fischer, Gardner B., Gerou, Hamner,
      Holbert, Hullinghorst, Jones, Joshi, Kagan, Kefalas, Kerr A., Kerr J.,
      Labuda, Lee, Levy, Liston, Looper, Massey, McCann, McKinley, Miklosi,
      Murray, Nikkel, Pabon, Pace, Peniston, Priola, Ramirez, Ryden, Schafer S.,
      Scott, Singer, Solano, Sonnenberg, Soper, Stephens, Summers, Swalm,
      Swerdfeger, Szabo, Todd, Tyler, Vaad, Vigil, Waller, Williams A., Wilson,
      Young, McNulty.
      
      
      Concerning measures to reduce health care costs in correctional
           facilities.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 12-22-133, amend (1)
      (a); and add (1) (a.5) and (2) (a) (III) as follows:
      
           12-22-133.  Unused medication - licensed facilities - correctional
      facilities - reuse - rules. (1)  As used in this section and section 12-22-134,
      unless the context otherwise requires:
      
           (a)  "Licensed facility" means a hospital, hospital unit, community
      mental health center, acute treatment unit, hospice, nursing care facility, or
      assisted living residence that is required to be licensed pursuant to section
      25-3-101, C.R.S., or a licensed long-term care facility as defined in section
      25-1-124 (2.5) (b), C.R.S. "Correctional facility" means a facility
      under the supervision of the United States, the department of
      corrections, or a similar state agency or department in a state
      other than Colorado in which persons are or may be lawfully
      held in custody as a result of conviction of a crime; a jail or an
      adult detention center of a county, city, or city and county; and
      a private contract prison operated by a state, county, city, or city
      and county.
      
           (a.5)  "Licensed facility" means a hospital, hospital unit,
      community mental health center, acute treatment unit, hospice,
      nursing care facility, or assisted living residence that is required
      to be licensed pursuant to section 25-3-101, C.R.S., or a licensed
      long-term care facility as defined in section 25-1-124 (2.5) (b),
      C.R.S.
      
           (2) (a) (III)  A correctional facility may return unused
      medications, medical supplies, and medical devices to the
      pharmacist within the correctional facility or a prescription drug
      outlet in order for the medication to be redispensed to another
      patient or donated to a nonprofit entity that has the legal
      authority to possess the medication or to a practitioner
      authorized by law to prescribe the medication.
      
           SECTION 2.  Act subject to petition - effective date. This act
      takes effect at 12:01 a.m. on the day following the expiration of the
      ninety-day period after final adjournment of the general assembly (August
      8, 2012, if adjournment sine die is on May 9, 2012); except that, if a
      referendum petition is filed pursuant to section 1 (3) of article V of the state
      constitution against this act or an item, section, or part of this act within
      such period, then the act, item, section, or part will not take effect unless
      approved by the people at the general election to be held in November 2012
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ____________________________  ____________________________
      Brandon C. Shaffer                      Frank McNulty
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO