First Regular Session
Sixty-first General Assembly
LLS NO. 970613.01 MTJ
SENATE BILL 97130
STATE OF COLORADO
BY SENATOR Lacy;
also REPRESENTATIVE Epps.
WELFARE & INSTITUTIONS
A BILL FOR AN ACT
CONCERNING LIMITATIONS ON THE SUBSTITUTION OF PRESCRIPTION
NARROW THERAPEUTIC INDEX DRUGS.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
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.