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-HOUSE BILL 26-1198
-BY REPRESENTATIVE(S) McCormick and Winter T., Bacon, Barron,
-Boesenecker, Brown, Caldwell, Clifford, Duran, Gonzalez R., Hamrick,
-Johnson, Keltie, Lindsay, Lukens, Richardson, Smith, Stewart K.,
-McCluskie, Flanell, Goldstein, Lieder, Marshall, Nguyen, Valdez,
-Weinberg, Woodrow;
-also SENATOR(S) Cutter and Pelton R., Catlin, Exum, Frizell, Kipp,
-Kirkmeyer, Liston, Marchman, Roberts, Weissman, Coleman.
-CONCERNING INCREASING ACCESS TO VETERINARY CARE, AND, IN
-CONNECTION THEREWITH, EXPEDITING THE PROCESS BY WHICH A
-VETERINARIAN IS LICENSED BY ENDORSEMENT, CLARIFYING THE USE
-OF PRESCRIPTION DRUGS AND COMPOUNDED DRUGS BY
-VETERINARIANS, AND ESTABLISHING A PROGRAM FOR THE DONATION
-OF VETERINARY DRUGS.
-Be it enacted by the General Assembly of the State of Colorado:
-SECTION 1. In Colorado Revised Statutes, 12-315-105, amend
-(3); and add (2)(b)(IV) as follows:
-12-315-105. License requirements and exceptions - practice of
-veterinary medicine - prescriptions - definitions - rules.
-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
-through words or numbers indicate deletions from existing law and such material is not part of
-the act.
-(2)(b )(IV) A VETERINARIAN WHO ADMINISTERS, DISTRIBUTES,
-DISPENSES, OR PRESCRIBES A PRESCRIPTION DRUG IN ACCORDANCE WITH THIS
-SUBSECTION (2)(b) IS NOT CONDUCTING THE PRACTICE OF PHARMACY, AS
-DEFINED IN SECTION 12-280-103 (39), IS NOT ACTING AS A PHARMACIST, AS
-DEFINED IN SECTION 12-280-103 (35),AND ISNOTSUBJECTTODISCIPLINEBY
-THE STATE BOARD OF PHARMACY CREATED IN SECTION 12-280-104 SOLELY
-FOR ADMINISTERING, DISTRIBUTING, DISPENSING, OR PRESCRIBING A
-PRESCRIPTION DRUG IN ACCORDANCE WITH THIS SUBSECTION (2)(b ).
-(3) If a veterinarian complies with the requirements of section
-l 2-280-12112-315-128 (2) AND (3), the veterinarian may maintain an office
-stock of compounded drugs. As used in this subsection (3), "office stock"
-has the same meaning as set forth in section 12-280-121 (5)(b).
-SECTION 2. In Colorado Revised Statutes, amend 12-315-109 as
-follows:
-12-315-109. License by endorsement - rules.
-( 1) The board may issue a license by endorsement to engage in the
-practice of veterinary medicine in this state to an applicant who satisfies the
-requirements of the occupational credential portability program.
-(2) THE BOARD SHALL REVIEW AND UPDATE EXISTING PROCEDURES
-RELATED TO THE PROCESS BY WHICH AN INDIVIDUAL IS LICENSED BY
-ENDORSEMENT IN ACCORDANCE WITH THIS SECTION AND SHALL ADOPT
-RULES WITH THE INTENT TO EXPEDITE THE LICENSURE BY ENDORSEMENT
-PROCESS, WHICH MAY INCLUDE ELIMINATING DUPLICATIVE REQUIREMENTS
-AND STREAMLINING THE PATHWAY TO LI CENSURE.
-SECTION 3. In Colorado Revised Statutes, add with amended
-and relocated provisions 12-315-128 as follows:
-12-315-128. Compounding drugs for veterinary use - dispensing
-of drugs by veterinarian - rules - definitions.
-(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
-REQUIRES:
-PAGE 2-HOUSE BILL 26-1198
-(a) (I) "COMPOUNDED" MEANS THE PREPARATION, MIXING,
-ASSEMBLING, PACKAGING, OR LABELING OF A DRUG OR DEVICE:
-(A) As A RESULT OF A VETERINARIAN'S PRESCRIPTION DRUG ORDER,
-CHART ORDER, OR INITIATIVE, BASED ON THE RELATIONSHIP BETWEEN THE
-VETERINARIAN, PATIENT, AND PHARMACIST IN THE COURSE OF PROFESSIONAL
-PRACTICE; OR
-(B) FOR THE PURPOSE OF, OR AS AN INCIDENT TO, RESEARCH,
-TEACHING, OR CHEMICAL ANALYSIS AND NOT FOR SALE OR DISPENSING.
-(II) "COMPOUNDED" ALSO INCLUDES THE PREPARATION OF DRUGS OR
-DEVICES IN ANTICIPATION OF PRESCRIPTION DRUG ORDERS BASED ON
-ROUTINE, REGULARLY OBSERVED PRESCRIBING PATTERNS.
-(b) "DRUG" HAS THE MEANING SET FORTH IN SECTION 12-280-103
-(16).
-( c) "OFFICE STOCK" HAS THE MEANING SET FORTH IN SECTION
-12-280-121 (5)(b).
-( d) "PRESCRIPTION DRUG OUTLET" HAS THE MEANING SET FORTH IN
-SECTION 12-280-121 (5)(c).
-(2) [Formerly 12-280-121 (2)] (a) A veterinarian may dispense a
-compounded drug maintained as part of the veterinarian's office stock
-pursuant to subsection (1) of this section only if
-ffl the compounded drug is necessary for the treatment of an animal
-A patient's emergency condition. and
-(II) As determined by the veterinarian, the veterinarian cannot
-access, in a timely manner, the compounded drug through a t egistet ed
-pt esct iption drug outlet.
-(b) A veterinarian shall not dispense a compounded drug pursuant
-to this section in an amount greater than the amount required to treat an
-animal patient's ernetgency condition fur five days A PATIENT'S CONDITION.
-(3) [Formerly 12-280-121 (3)] A licensed veterinarian shall not
-PAGE 3-HOUSE BILL 26-1198
-administer or dispense a compounded drug maintained for office stock
-pursuant to this section or for office use pmsuant to section 12-280-120
-f6JtbJ without a valid veterinarian-client-patient relationship in place at the
-time of administering the compounded drug to an animal A patient or
-dispensing the compounded drug to a client.
-( 4) A VETERINARIAN MAY COMPOUND AND DISPENSE COMPOUNDED
-DRUGS FOR ANY PATIENT FOR WHICH THE VETERINARIAN HAS A
-VETERINARIAN-CLIENT-PATIENT RELATIONSHIP AND THE VETERINARIAN
-DETERMINES THAT IT IS DESIRABLE OR NECESSARY FOR THE TREATMENT OF
-THE PATIENT'S CONDITION.
-( 5) THE BOARD MAY ADOPT ANY RULES NECESSARY TO IMPLEMENT
-AND ADMINISTER THIS SECTION.
-SECTION 4. Repeal of relocated provisions in this act. In
-Colorado Revised Statutes, repeal 12-280-121 (2) and (3 ).
-SECTION 5. In Colorado Revised Statutes, 12-315-201, amend
-(l)(a)(I) as follows:
-12-315-201. Additional board duties - rules - repeal.
-( 1) In addition to any other duties specified in this part 2 and
-sections 12-315-105.5 and 12-315-106, the board shall:
-(a) Approve a nationally recognized veterinary technician
-credentialing organization for purposes of credentialing veterinary
-technicians in this state. The credentialing organization approved by the
-board must:
-(I) Require the completion of an American Vetetinary Medical
-Association-acct edited ACCREDITED program for veterinary technicians;
-SECTION 6. In Colorado Revised Statutes, add 12-315-127 as
-follows:
-12-315-127. Veterinary drug donation program - rules.
-(1) AN OWNER OF AN ANIMAL MAY DONATE A PRESCRIPTION DRUG
-PAGE 4-HOUSE BILL 26-1198
-THAT IS DISPENSED FOR BUT NOT USED BY THE ANIMAL TO A LICENSED
-VETERINARIAN OR ANIMAL SHELTER IN WHICH VETERINARY MEDICINE IS
-PRACTICED IF THE LICENSED VETERINARIAN OR ANIMAL SHELTER ACCEPTS
-THE DRUG.
-(2) EXCEPT AS PROVIDED IN SUBSECTION (4)(b) OFTHIS SECTION, A
-LICENSED VETERINARIAN MAY REISSUE A DONATED DRUG ACCEPTED
-PURSUANT TO THIS SECTION TO FILL OTHER PRESCRIPTIONS DISPENSED BY
-THE LICENSED VETERINARIAN FREE OF CHARGE FOR AN ANIMAL IF:
-( a) THE LICENSED VETERINARIAN DETERMINES THAT THE OWNER OF
-THE ANIMAL IS ELIGIBLE FOR THE REISSUANCE OF THE DRUG;
-(b) THE LICENSED VETERINARIAN DETERMINES THAT THE DRUG IS
-SUITABLE FOR REISSUANCE;
-( c) THE DRUG WAS ORIGINALLY DISPENSED BY A LICENSED
-VETERINARIAN OR A LICENSED PHARMACIST;
-(d) THE DRUG IS NOT A CONTROLLED SUBSTANCE;
-( e) THE DRUG IS NOT A COMPOUNDED DRUG;
-(f) THE DRUG DOES NOT REQUIRE REFRIGERATION BEFORE OPENING;
-(g) THE DRUG IS NOT IN A LIQUID FORM OR, IF IN LIQUID FORM, THE
-DRUG IS PACKAGED IN AN UNOPENED VIAL OR A SINGLE-DOSE UNOPENED
-AMPULE;
-(h) THE DRUG IS NOT EXPIRED;
-(i) THE PACKAGING OR BOTTLE CONTAINS THE EXPIRATION DATE OF
-THE DRUG; AND
-U) THE NAME OF THE ANIMAL, THE NAME OF THE OWNER OF THE
-ANIMAL FOR WHICH THE DRUG WAS ORIGINALLY DISPENSED, THE
-PRESCRIPTION NUMBER, AND ANY OTHER IDENTIFYING MARKS OR
-INFORMATION ARE OBLITERATED FROM THE PACKAGING OR BOTTLE BEFORE
-THE DRUG IS REISSUED.
-PAGE 5-HOUSE BILL 26-1198
-(3) A LICENSED VETERINARIAN SHALL:
-(a) IDENTIFY AND MAINTAIN SEPARATELY FROM OTHER STOCK A
-DONATED DRUG ACCEPTED PURSUANT TO THIS SECTION; AND
-(b) MAKE A RECORD OF EACH DONATED DRUG ACCEPTED PURSUANT
-TO THIS SECTION THAT INCLUDES, AT MINIMUM:
-(I) THE DATE ON WHICH THE DRUG WAS DONATED;
-(II) THE NAME OF THE PERSON THAT DONATED THE DRUG;
-(Ill) THE ANIMAL FOR WHICH THE DRUG WAS ORIGINALLY
-PRESCRIBED AND THE NAME OF THE OWNER OF THE ANIMAL; AND
-(IV) THE EXPIRATION DATE OF THE DRUG.
-( 4) A LICENSED VETERINARIAN SHALL NOT:
-(a) SELL OR RESELL A DONA TED DRUG ACCEPTED PURSUANT TO THIS
-SECTION; OR
-(b) DISPENSE A DONA TED DRUG ACCEPTED PURSUANT TO THIS
-SECTION TO FILL OTHER PRESCRIPTIONS DISPENSED BY THE LICENSED
-VETERINARIAN FOR AN ANIMAL IF THE ANIMAL IS RAISED TO PRODUCE FOOD
-FOR HUMAN CONSUMPTION OR THE ANIMAL IS ORDINARILY CONSUMED BY
-ANIMALS THAT ARE RAISED TO PRODUCE FOOD FOR HUMAN CONSUMPTION.
-(5) (a) A LICENSED VETERINARIAN, ANIMAL SHELTER IN WHICH
-VETERINARY MEDICINE IS PRACTICED, OR OTHER PERSON THAT EXERCISES
-REASONABLE CARE IN DONATING OR ACCEPTING, DISTRIBUTING, OR
-DISPENSING A DONATED DRUG IN ACCORDANCE WITH THIS SECTION AND ANY
-RULES ADOPTED PURSUANT TO THIS SECTION IS NOT SUBJECT TO CIVIL OR
-CRIMINAL LIABILITY OR DISCIPLINARY ACTION BY A PROFESSIONAL
-LICENSING BOARD FOR ANY LOSS, INJURY, OR DEATH THAT RESULTS FROM
-THE DONATION OF A DRUG OR THE ACCEPTANCE, DISTRIBUTION, OR
-DISPENSATION OF THE DONATED DRUG.
-(b) A MANUFACTURER OF A DRUG IS NOT SUBJECT TO CIVIL OR
-CRIMINAL LIABILITY FOR ANY CLAIM OR INJURY ARISING FROM THE
-PAGE 6-HOUSE BILL 26-1198
-DONATION OF THE DRUG OR ACCEPTANCE, DISTRIBUTION, OR DISPENSATION
-OF THE DONATED DRUG PURSUANT TO THIS SECTION AND ANY RULES
-ADOPTED PURSUANT TO THIS SECTION.
-( 6) THE BOARD MAY ADOPT RULES AS NECESSARY TO IMPLEMENT
-THIS SECTION, INCLUDING:
-(a) REQUIREMENTSFORISSUINGDONATEDDRUGSPURSUANTTOTHIS
-SECTION, INCLUDING REQUIREMENTS THAT PROVIDE APPROPRIATE
-SAFEGUARDS FOR ENSURING THAT THE DRUGS ARE NOT COMPROMISED OR
-ILLEGALLY DIVERTED BEFORE BEING REISSUED;
-(b) REQUIREMENTS FOR A LICENSED VETERINARIAN'S OR ANIMAL
-SHELTER'S ACCEPTANCE OF DONATED DRUGS; AND
-(c) REQUIREMENTS FOR MAINTAINING RECORDS RELATED TO THE
-ACCEPTANCE AND USE OF DONATED DRUGS TO FILL OTHER PRESCRIPTIONS
-PURSUANT TO THIS SECTION.
-SECTION 7. In Colorado Revised Statutes, 12-280-119, amend
-(12)(b) and (12)(c) as follows:
-12-280-119. Registration of facilities - rules.
-(12) (b) The board may issue a limited license to an animal shelter
-or animal control agency to perform the activities described in section
-12-280-120 (17) 12-315-128 (4).
-( c) The board shall adopt rules as necessary to ensure strict
-compliance with this subsection (12) and section 12-280-120 (17)
-12-315-128 (4) and, in conjunction with the state board of veterinary
-medicine, shall develop criteria for training individuals in the administration
-of the drug or combination of drugs.
-SECTION 8. In Colorado Revised Statutes, 12-280-127, amend
-(l)(b) as follows:
-12-280-127. Disciplinary actions.
-( 1) (b) The board may suspend or revoke a registration issued
-PAGE 7-HOUSE BILL 26-1198
-pursuant to section 12-280-119 (12) upon determination that the person
-administering a drug or combination of drugs to an animal has not
-demonstrated adequate knowledge required by sections 12-280-119 (12)
-and 12-280-120 (17) 12-315-128 (4).
-SECTION 9. Act subject to petition - effective date. This act
-takes effect January 1, 2027; 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 the ninety-day period after final
-adjournment of the general assembly, then the act, item, section, or part will
-not take effect unless approved by the people at the general election to be
-PAGE 8-HOUSE BILL 26-1198
-held in November 2026 and, in such case, will take effect January 1, 2027,
-or on the date of the official declaration of the vote thereon by the governor,
-whichever is later.
-Ju~
-SPEAKER OF THE HOUSE
-OF REPRESENTATIVES
-Vanessa Reilly
-CHIEF CLERK OF THE HOUSE
-OF REPRESENTATIVES
-James Rashad Coleman, Sr.
-PRESIDENT OF
-THE SENATE
-Esther van Mourik
-SECRETARY OF
-THE SENATE
-APPROVED on N•eoh1.t~dl7\'1 ~Yd 29-ti.. 202..b ocf- \O: OO~>i--i
-(Date and ime)
-Jared S.
-GOVE
-PAGE 9-HOUSE BILL 26-1198
-l
+HB1198_L.006
+SENATE COMMITTEE OF REFERENCE AMENDMENT
+Committee on Agriculture & Natural Resources.
+HB26-1198 be amended as follows:
+1 Amend the reengrossed bill, page 3, line 23, strike "animal shelters -".
+2 Page 3, after line 26 insert:
+3 "(a) (I)  "COMPOUNDED" MEANS THE PREPARATION, MIXING,
+4 ASSEMBLING, PACKAGING, OR LABELING OF A DRUG OR DEVICE:
+5 (A)  AS A RESULT OF A VETERINARIAN'S PRESCRIPTION DRUG
+6 ORDER, CHART ORDER, OR INITIATIVE, BASED ON THE RELATIONSHIP
+7 BETWEEN THE VETERINARIAN, PATIENT, AND PHARMACIST IN THE COURSE
+8 OF PROFESSIONAL PRACTICE; OR
+9 (B)  FOR THE PURPOSE OF, OR AS AN INCIDENT TO, RESEARCH,
+10 TEACHING, OR CHEMICAL ANALYSIS AND NOT FOR SALE OR DISPENSING.
+11 (II)  "COMPOUNDED" ALSO INCLUDES THE PREPARATION OF DRUGS
+12 OR DEVICES IN ANTICIPATION OF PRESCRIPTION DRUG ORDERS BASED ON
+13 ROUTINE, REGULARLY OBSERVED PRESCRIBING PATTERNS.
+14 (b)  "DRUG" HAS THE MEANING SET FORTH IN SECTION 12-280-103
+15 (16).".
+16 Reletter succeeding paragraphs accordingly.
+17 Page 4, strike lines 6 through 11 and substitute "pursuant to subsection (1)
+18 of this section only if
+19 (I)  the compounded drug is necessary for the treatment of an
+20 animal A patient's emergency condition. and
+21 (II)  As determined by the veterinarian, the veterinarian cannot
+22 access, in a timely manner, the compounded drug through a registered
+23 prescription drug outlet.".
+24 Page 4, strike lines 22 through 27.
+25 Page 5, strike lines 1 through 13 and substitute:
+26 "(4)  A VETERINARIAN MAY COMPOUND AND DISPENSE
+27 COMPOUNDED DRUGS FOR ANY PATIENT FOR WHICH THE VETERINARIAN
+28 HAS A VETERINARIAN-CLIENT-PATIENT RELATIONSHIP AND THE
+29 VETERINARIAN DETERMINES THAT IT IS DESIRABLE OR NECESSARY FOR THE
+30 TREATMENT OF THE PATIENT'S CONDITION.".
+31 Page 5, line 17, strike "12-280-120 (17) and".
+** *** ** *** **
+LLS: Christopher McMichael x4775