NOTE: The governor signed this measure on 3/13/2015.
      
      
      HOUSE BILL 15-1039
      
      
      BY REPRESENTATIVE(S) Tyler, Becker K., Carver, Conti, Danielson,
      Duran, Esgar, Fields, Garnett, Ginal, Humphrey, Klingenschmitt, Lontine,
      Mitsch Bush, Moreno, Neville P., Primavera, Williams;
      also SENATOR(S) Neville T., Aguilar, Baumgardner, Cooke, Crowder,
      Garcia, Grantham, Heath, Jahn, Johnston, Jones, Kefalas, Kerr, Lundberg,
      Martinez Humenik, Merrifield, Newell, Roberts, Scheffel, Scott, Todd,
      Woods, Cadman.
      
      
      Concerning the donation of prescription medications by licensed
           health care facilities.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 12-42.5-133, amend
      (1) (a.5), (2) (a) (I), (2) (a) (II) (A), (2) (a) (III), and (3); and add (2) (a) (II)
      (C) and (3.5) as follows:
      
           12-42.5-133.  Unused medication - licensed facilities -
      correctional facilities - reuse - rules. (1)  As used in this section, unless
      the context otherwise requires:
      
           (a.5)  "Licensed facility" means a hospital, hospital unit, community
      mental health center, acute treatment unit, hospice, nursing care facility, or
      assisted living residence, or any other facility 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) (I)  If donated by the patient, resident, or the patient's or
      resident's next of kin, a licensed facility may return unused medications or
      medical supplies, and used or unused medical devices to a pharmacist
      within the licensed facility or a prescription drug outlet in order for the
      medication materials to be redispensed to another patient or donated to
      a nonprofit entity that has the legal authority to possess the medication
      materials or to a practitioner authorized by law to prescribe dispense the
      medication materials.
      
           (II) (A)  A licensed facility or a prescription drug outlet may
      donate unused medications materials to a nonprofit entity that has
      legal authority to possess the materials or to a person legally
      authorized to dispense the medications on behalf of a nonprofit entity that
      has the express purpose of providing medications, medical devices, or
      medical supplies for the relief of victims who are in urgent need as a result
      of natural or other types of disasters materials. A licensed pharmacist
      shall review the process of donating the unused medications to the
      nonprofit entity.
      
           (C)  A person or entity is not subject to civil or criminal
      liability or professional disciplinary action for donating,
      accepting, dispensing, or facilitating the donation of materials in
      good faith, without negligence, and in compliance with this
      section.
      
           (III)  A correctional facility may return unused medications or
      medical supplies, and used or unused 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 materials or
      to a practitioner authorized by law to prescribe the medication materials.
      
           (3)  Medication dispensed or donated pursuant to this section must
      bear an expiration date that is later than six months after the date the drug
      was donated not be expired. A medication shall not be dispensed
      that will expire before the use by the patient based on the
      prescribing practitioner's directions for use.
      
           (3.5)  Medication, medical supplies, and medical devices
      donated pursuant to this section may not be resold for profit. The
      entity that receives the donated materials may charge the end
      user a handling fee, which shall not exceed the amount specified
      by rule of the board.
      
           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
      5, 2015, if adjournment sine die is on May 6, 2015); 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 2016
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO