Capital letters indicate new material to be added to existing statute.

Dashes through the words indicate deletions from existing statute.

First Regular Session

Sixty-first General Assembly

LLS NO. 97­0613.01 MTJ SENATE BILL 97­130

STATE OF COLORADO

BY SENATOR Lacy;

also REPRESENTATIVE Epps.

HEALTH, ENVIRONMENT,

WELFARE & INSTITUTIONS

A BILL FOR AN ACT

CONCERNING LIMITATIONS ON THE SUBSTITUTION OF PRESCRIPTION NARROW THERAPEUTIC INDEX DRUGS.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Prohibits the generic substitution of narrow therapeutic index drugs without the written consent of the practitioner or the patient. Requires the state board of pharmacy to promulgate rules listing narrow therapeutic index drug products.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  12­22­124, Colorado Revised Statutes, 1991 Repl. Vol., is amended BY THE ADDITION OF A NEW SUBSECTION to read:

12­22­124.  Substitution of prescribed drugs authorized ­ when ­ conditions ­ rules. (1.5) (a)  NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION, A PHARMACIST SHALL NOT SUBSTITUTE AN EQUIVALENT DRUG PRODUCT FOR A NARROW THERAPEUTIC INDEX DRUG, AS SPECIFIED BY THE BOARD PURSUANT TO PARAGRAPH (b) OF THIS SUBSECTION (1.5), WITHOUT SPECIFIC WRITTEN CONSENT OF THE PRACTITIONER AND THE PATIENT.

(b)  NO LATER THAN JANUARY 1, 1998, AND AT LEAST ANNUALLY THEREAFTER, THE BOARD SHALL PROMULGATE RULES SPECIFYING THE LIST OF NARROW THERAPEUTIC INDEX DRUG PRODUCTS FOR THE PURPOSES OF THIS SUBSECTION (1.5) AFTER REVIEWING THE AVAILABLE LITERATURE, INCLUDING ANY REGULATIONS OR OTHER PUBLICATIONS FROM THE FEDERAL DRUG ADMINISTRATION.

SECTION 2.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.