Medical Spas Deceptive Trade Practices

The bill makes it an unfair or deceptive trade practice under the "Colorado Consumer Protection Act" for a facility or medical practice providing cosmetic, aesthetic, wellness, longevity, or lifestyle treatments involving the administration or use of prescription drugs, including injectable and sterile drug products (medical spa), to:

• Acquire or receive a prescription drug from a person not legally authorized to distribute or transfer the prescription drug;
• Fail to store, handle, prepare, or administer a prescription drug in accordance with manufacturer requirements, applicable federal and state law, or generally accepted standards of medical practice;
• Permit an individual to prescribe or administer prescription drugs outside the scope of the individual's state-issued credential;
• Fail to maintain reasonable safeguards to prevent contamination, diversion, theft, or misuse of prescription drugs;
• Represent that a prescription drug is safe or effective in a manner inconsistent with federal law or federal food and drug administration-approved labeling; has sponsorship, approval, characteristics, ingredients, uses, or benefits that it does not have; or is approved by the federal food and drug administration when it is not;
• Fail to designate a licensed health-care provider with prescriptive authority to provide clinical oversight of prescription drugs used at the medical spa; or
• Fail to create, maintain, or produce to the attorney general or a district attorney records of serious adverse events involving patients.

The attorney general or a district attorney may enforce a violation of a prohibited action specified in the bill. The attorney general may adopt rules to implement the bill.

(Note: This summary applies to this bill as introduced.)